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TOGKTHER WITH AN INTRODUCTION * Containing useful information respecting the Exchequer Court of England, the Exchequer Court of Canada, and Proceedings by Petition of Right. BY ROBERT CASSELS, JR. ADVOCATE OF THE PROVINCE . OF QUEBEC, OF OSGOODE HAIjIj, BARRISTER-AT-LA\V AND REGISTRAR OF THE SIU'RRMK AND EXCHEQUER COURTS OF CANAOA. TORONTO : R. CARSWELL, LAW PUBLISHER, 26 & 28 ADELAinSi STREET EAST. 1877. i\ ' Kf / . % \ h JUDGES OF THE Supreme and Exchequer Courts of Canada. The Honorable WILLIAM BUELL RICHARDS, C.J. •• '• WILLIAM JOHNSTONE RITCHIE. J. •• '• SAMUEL HENRY STRONG, J. '• •' JEAN THOMAS TASCHEREAU, J. •• " TELESPHORE FOURNIER, J. •• •• WILLIAM ALEXANDER HENRY, J. I OFFICERS OF THE COURT. ROBERT CASSELS, Jr., Esq., Registrar, GEORGE DUVAL, Esq., Pricis Writer. WALTER J. THICKE, Esq., Registrar's Cle,k. 'r=?^ L: la£i tfMMMiXMMi CONTENTS. PAGE Introduction .' 9 British North America Act, 1867 49 The British North America Act, 1871 103 The Parliament of Canada Act, 1875 109 The Supreme and Exchequer Court Act 115 Proclamation respecting the organization of the Courts 143 Proclamation respecting the judicial functions of the Courts 145 The Supreme and Exchequer Court Amendment Act 151 The Supreme and Exchequer Court Amendment Act, 1879 162 (a) An Act further to Amend "The Supreme and Ex- chequer Court Act, 1880 162 {e) The Petition of Right Act, 1876. 167 The Supreme Court Rules 179 Additional Rules, 1881 203 The Exchequer Court Rules ; 209 Additional Rules, 1878 289 Index » 337 -'s^' Ht '^ ^^ JKB^^P^^&^B^k'- INTRODUCTION. The object of the present Manual is to place in a convenient form in the hands of the members of the Bar the various Statutes and Rules bearing upon the jurisdiction and practice of the Supreme and Exchequer Courts of Canada. THE SUPREME GOUET OF CANADA. "With reference to the Supremo Court, tliere are but few of the Rules published by the Judges requiring particular comment. They differ little from the Rules governing the practice in the Appeal Courts of the different Provinces, and will, there- fore, be easily understood. Several notes have been added which, it is hoped, will be useful to the prac- titioner. There is one Rule, however, to which attention may iJe particularly called, Rule 57, which refers to the Tariff of Costs between party and party. The tariff itself, which will be found in its proper place 1 A 8 INTRODUCTION. in this volume, is a combination of a block tariff, such as the profession are accustomed to in the Province of Quebec, and a detailed tariff, such as the profession of the other Provinces are familiar with. It will be found to combine the advantages of both these systems and to be sufficiently liberal to the profession without being too burdensome to suitors. THE EXCflEQUER COUBT OF CANADA. With respect to the practice of the Court of Ex- chequer, it will be seen that, except as regards causes in which the cause of action or suit may arise in the Province of Quebec, and to which the practice of the Superior Court of that Province has been made applicable, the practice of the High Court of Justice in England has been adopted, and that the Rules of the Court are based upon the Eules issued by the Supreme Court of Judicature in England. But cases may arise in which the Eules, as thus framed, may be found insufficient or inap- plicable. In such cases, the practice of the Eevenue side of the Exchequer Division of the High Court of Justice will have to be followed. By order 62 of the Eules issued under the Su- preme Court of Judicature Act, 1875, it is provided that nothing in the said Eules shall affect the prac- tice or procedure in proceedings on the Eevenue INTRODUCTION. side of the Exchequer Division. These "Rules, therefore, will afford no assistance to the practil ioner who may be obliged to follow the revou' practice of the Co'i.rt of Exchequer in England; and ir- the works on this practice are few, and numerous alter- ations have been made in it by recent statutes, it has been thought advisable to give, for the con- venience of the profession, a short account of the origin and present position of the Pourt, and also to point out where the various Statutes and Rules bearing upon its practice can be found. ** The name of the Exchequer," says Mr. Price in his work on the law of the Exchequer, " given to this Court appears to have been a matter of much conjecture and contention, in respect of its derivation, amongst antiquaries and etymologists. It has con- sequently, been at different times and by different persons ascribed to various roots, and deduced from very different sources. The most approved and commonly received etymon j and that which has at length acquired the sanction of the most esteemed writers who have treated of this Court, is the word ScaccuSf a chequered board (or chess-board), in al_ lusion to the game of chess ; the blue and white chequered woollen cloth (also for the same reason called scaccarium) with which the common table of the Court was always covered, as it is still at this day, being figured with small squares after the man- 10 INTRODUCTION. ner of a chess-board. That cloth or figure l was in former times of general practical use foi purpose of computation ; for anciently, when King's accounts were made up, the accountants out the money, and se 'orth their accounts tl on, after the simple method of those days, marking the several sums on the squares and sec them with counters. " Chief Baron Gilbert, in his treatise on the C of Exchequer, says : " There is very great differ among the antiquaries touching the name. Base in his * Customary of Normandy,' derives the t; exchequer from the German word skeckeUf w signifies to send, because this Court was comp {ie missis Dominis, or of such great Lords as ^ particularly sent for to hold Court with the senes or Stewart on any occasion." ** The more common derivation of the word chequer is from a chequer board, or chess-b( They call the board on which they played at c a chequer, because in the game they give check, this Court was so called, because they laid a ( of that kind upon the table, upon which the acc( tants told out the King's money and set forth account in the same artificial manner as in cofferers account is done at this day." The Court of Exchequer was at first inte principally to order the revenues of the Crown ON. cloth or figure board practical use for the anciently, when the >, the accountants told their accounts there- of those days, by he squares and scoring treatise on the Court s very great difference I the name. Basnage, idy,' derives the word word skeckeUf which Court was composed 1 great Lords as were )urt with the seneschal ition of the word ex- board, or chess-board, tliey played at chess e they give check, and ause they laid a cloth pon which the accomp- ey and set forth their ial manner as in the is day." was at first intended lies of the Crown and INTRODUCTION. II I to recover the King's debts and duties, and at an early day it usurped an additional jurisdiction be- tween subject and subject. By the Statute of Eutland, 10 Ed. I., it was attempted to prevent this usurpation, and it was, among other things, enacted that no plea should be holden or pleaded in the Exchequer unless it should specially concern the Crown, its ministers or agents, in a matter appertain- ing to the King's exchequer. This statute failed to effect the desired end, for it was held not to apply to suits between subjects who were debtors to the Crown. Such parties were privileged to sue and implead all manner of persons in the same Court that they were themselves called into. For this purpose, they resorted to a writ called a Quo minus, in which the plaintiff suggested that he was the King's farmer or debtor, and that the defendant had done him the injury or damage complained of — Quo minus sufficiens existit — by which he is less able to pay the King his debt or rent. Afterwards, and by gradual connivance, this surmise of being debtor to the King was allowed to be inserted by persons who did not really -^tend in that capacity, and came to be considered as mere words of course, not traversable, so as to open the Court to all. The same fiction was permitted on the equity side of the Court, where any person might file a bill against another upon a bare suggestion that he was the > i 1^ INTRODUCTION. King's accountant, a suggestion which it was permitted to controvert. This usurpation long si ripened into an indefeasible and unquestionable ti and at length, by 2 Will. 4, ch. 39, the writ of ( minus was abolished and a new method substitu giving a direct and proper jurisdiction to this Co and making the process issued in this court in sonal actions uniform with those issued from other Courts. The Court of Exchequer formerly exercised an tensive equity jurisdiction. On the Ee venue i of the Court of Exchequer in England, relief was tained by Crown debtors on equitable grounds by tue of the express enactment of the Statute 33 '. VIII., ch. 39, sec. 79, which is in force in the 1 vince of Ontario and other Provinces of the Dot ion, and which is as follows : " Provided always ( it be enacted by the authority aforesaid^ That if , person or persons of whom any such debt or d is. or at any time hereafter shall be demanded required, allege, plead, declare, or shew, in an; the said Courts, good, perfect, and sufficient ca and matter in law, reason, or good conscience bar or discharge of. the said debt or duty ; or a such person or persons ought not to be charge^ chargeable to or with the same, and the same a or matter so alleged, pleaded, declared, or shev sufficiently proved in such one of the said Court >N. INTROliUCTION. 13 )ii which it was not usurpation long since I unquestionable title, 39, the writ of Quo V method substituted, diction to this Court, in this court in per- lose issued from the nerly exercised an ex- 3n the Revenue side Ingland, relief was ob- litable grounds by vir- )f the Statute 33 Hy. is in force in the Pro- )vinces of the Domin Provided always and i/oresaidy That if any ly such debt or duty lall be demanded or , or shew, in any of and sufficient cause good conscience, in ebt or duty ; or why lot to be charged or , and the same cause declared, or shewed, of the said Courts as he or they shall be impleaded, sued, vexed, or troubled for the same, that the said Courts and every of them shall have full power and authority to accept, adjudge, and allow the same proof, and wholly and clearly to acquit and discharge all and every person or persons that shall be so impleaded, sued, vexed, or troubled for the same, anything in this present Act, before mentioned, to the con- trary notwithstanding." Prior to the passing of this Statute, the Court had usurped jurisdiction as an ordinary Court of Equity between subject and subject, and this usur- ped jurisdiction it continued to exercise. By the 5 Vic. ch. 5, after reciting that, whereas the business of the Plea side of Her Majesty's Court of Exchequer at Westminster has of late years greatly increased, and a transfer to the Court of Chancery of the jurisdiction of the said Court of Exchequer as a Court of Equity would relieve the Judges of the said Court of Exchequer, and would otherwise tend to promote the public advantage, it was enacted : " That on the fifteenth day of Octo- ber, one thousand eight hundred and forty-one, all the power, authority, and jurisdiction of Her Majesty's Court of Exchequer at Westminster a3 a Court of Equity, and all the power, authority, and jurisdiction which shall have been conferred on or committed to the said Court of Exchequer by or "tSR^ i \v I .il 14 INTRODUCTION. under the special authority of any act or acts of Parliament (other than such power, authority, and jurisdiction as shall then be possessed by or be in- cident to the said Court of Exchequer as a Court of Law, or as shall then be possessed by the said Court of Exchequer as a Court of Revenue, and not here- tofore exercised or exercisable by the same Court sitting as a Court of Equity), shall be by force of this Act transferred and given to Her Majesty's High Court of Chancery to all intents and purposes in as full and ample a manner as the same might have been exercised by the said Court of Exchequer if the Act had not passed ; and the same power, authority, and jurisdiction shall, so far as respects the exercise thereof by the said Court of Exchequer cease and determine : Frovided always^ that this Act shall not abridge, lessen, or in any wise affect the power, authority, or jurisdiction of the same Court as a Court of Revenue not heretofore exercis- able by the same Court sitting as a Court of Equity." In the case of The Attorney-General v. The Cor- poration of Londor. — L. J. (K S.) 14 Eq. 305 — Lord Langdale, Master of the Rolls, held that by this Statute the jurisdiction theretofore exercised by the Court of Exchequer as a Court of Equity was transferred to the Court of Chancery, and that the Crown, in respect of matters of revenue, might sue INTRODUCTION. / 11 act or acts of authority, and 'd by or be in- r as a Court of the said Court s, and not here- |he same Court be by force of Her Majesty's ts and purposes he same might 't of Exchequer e same power, far as respects t of Exchequer f^aijs, that this ^ny wise affect I of the same ?.tofore exercis- 8 a Court of al V. The Cor- H Eq. 305— held that by fore exercised )f Equity was and that the ie, might sue in the Court of Chancery in the same way it could have sued in the Court of Exchequer previously to the passing of the 5 Vic. ch. 5. From this opinion the Barons of the Exchequer dissented in the case of The Attorney-General v. Hailing (15 M. & W. 685), and held that the equity jurisdiction of the Court of Excl\equer as a Court of Revenue is not taken away by this Statute. In this case. Chief Baron Pollock, enters more fully into the origin of the jurisdiction of the Court of Exchequer on its equity side and on its plea side, and shews that at the time of the passing of the 5 Vic. ch. 5. " in the Exchequer there was a Court of Revenue held before the Treasurer, the Chancel- lor of the Exchequer, and the Barons, exercising for the due collection of the revenue, a procedure after the forms of a Court of Equity, and a Court of Re- venue held before the Barons, exercising the forms of procedure proper to the other Courts of Common Law, both, however, having certain peculiarities familiarly known by the name of Cursus Scaccariiy and that, annexed to and as a part of this General Revenue Court, there were incidentally Courts of Equity and of Common Law for its officers and the real Crown debtors ; and that, further, an ancient though originally usurped jurisdiction was exercised by it as an ordinary Court of Equity between sub- ject and subject, and that by statute (abolishing a j^»»r^:H. 1 I i«l: i$ INTRODUCTION. similarly usurped jurisdiction at common law be- tween subject and subject) there existed a Court of Common Law, which, like the other Superior Courts of Common Law, exercised incidentally certain equitable powers of interpleader, and the like, some of which had been previously conferred on all those Courts by various statutes, and others had been by common law exercised as parts of their practice from time immemorial. " We think it never could have been the inten- tion of the Legislature to leave this Court, as a Court of Eevenue, with a maimed and insufficient authority to decide equitably in matters of revenue between the Crown and subject, and to send the subject into the Court of Chancery for such relief, leaving him, however, to be charged in the Court of Exchequer, and thus subjecting him, therefore, to be harassed by an application to both Courts." . . . " We have arrived at the conclusion, that the construction of the 5 Vic. ch. 5, sec. 1, which is the literal one, and which avoids all these inconveniences, is also the true one, and that the Court has, notwithstanding that Act, retained all its actual and incidental jurisdiction, equitable as well as legal, which it has as a Court of Common Law, and has retained all its proper jurisdiction as a Court of Eevenue, for the collection of the revenues of the INTRODUCTION. 17 imon law be- fed a Court of ipericr Courts ^itally certain the like, some |d on all those had been by- practice from Jen the inten- Court, as a d insufficient srs of revenue d to send the or such relief, in the Court I, therefore, to Courts." he conclusion, ch. 5, sec. 1, oids all these and that the stained all its itable as well ion Law, and as a Court of enues of the Crown, whether the jurisdiction be exercised after the forms of common law or equity ; and that it has lost all jurisdiction as a Court of Equity be- tween its officers and Crown debtors, and the other subjects of the realm, which was before incident to it as a Court of Revenue, and was exercised by it as a mere Court of Equity ; and, further, that it has lost all its usurped jurisdiction as a Court of Equity, between subject and subject, a jurisdiction which, though not really incident to it, was nevertheless, at the time when the Act was passed, exercised de facto by it as a mere Court of Equity in the Court of Eevenue. The case of The Attorney-Oemral v. The Cor- poration of London was afterwards appealed to the House of Lords (1 H. of L. Cases 440), by whom the judgment of the Master of the Kolls was con- firmed on other grounds, the Lord Chancellor (Lord Cottenham) and Lord Campbell both refusing to pronounce upon the eJBfect of the 5th Vic. ch. 5. They held that to do so was unnecessary, inasmuch as the case before them was one in which the in- formation might be maintained by the Crown in the Court of Chancery without any transfer of any new power to the Court of Chancery from the Court of Exchequer. The question, therefore, as to the equitable powers of the Court of Exchequer as a Court of Revenue seems to have remained in Eng- . ...aim* l8 INTRODUCTION. land in a somewhat doubtful position, the more doubtful because Lord Cottenham, in the course of the argument before the House of Lords, made use of certain expressions which would seem to shew an inclination on his part to adopt the opinion formed by Lord Langdale as to the construction of the statute. For instance, at page 401, Lord Cot- tenham says : " If the Orown may still go to the Court of Exchequer as a Court of Equity, the statute requires amendment, for it has taken away all the machinery by which this sort of business was trans- acted in that Court. There can be no doubt of the intention of the Legislature to take away all juris- diction from the Court of Exchequer in equity," In the case of I7ie Attorney-General v. Edmunds (L. R. 6, Eq. 381), it was contended by the coun- sel for the defendant that the paramount and ex- clusive jurisdiction of the Court of Exchequer as a Court of Equity in revenue matters still existed, and that the Court of Chancery had no co-existing jurisdiction ; but it was held that that being a case which, as between subject and subject, would clearly be within the jurisdiction of a Court of Equity, the Crown had a right to come into that Court and file an information for an account. By 6 & 6 Vic. ch. 86, certain offices on the Re- venue side of the Court of Exchequer were abol- ished, and the business therefore transacted therein INTRODUCTION. 19 the more course of made use n to shew |e opinion [ruction of .ord Cot- go to the ihe statute '^ay all the was trans- ubt of the Y all juris- quity," Edmunds the coun- it and ex- equer as a H existed, o-existing ing a case lid clearly luity, the t and file 1 the Re- ere abol- i therein was transferred to Her Majesty's Remembrancer in the Exchequer. Sec. VIII. provides for writs and other process being made returnable without delay when necessary or proper ; and Sec. IX. provides that the Act shall not affect the jurisdiction of the Court of Exchequer. By the 22 & 23 Vic. ch. 24, the office of Queen's Remembrancer was regulated and the practice and procedure on the Revenue side of the Court of Ex- chequer amended. In pursuance of the powers given by section 26 of this Act, general rules were framed for regulating the practice on the Revenue side of the Court. These rules are to be found at the beginning of the 6th volume " Hurlstone & Norman's Reports," and 7th volume of same Re- ports, 505. The Statute 24 & 25 Vic. ch. 92, was passed " to amend the law for the collection of the stamp duties on probates, administrations, inventories, legacies, and successions." And by the 28 & 29 Vic. ch. 104, intituled " An Act to amend the procedure and practice in Crown suits in the Court of Exchequer at Westminster, and for other purposes," many changes were made in the practice of the Court of Exchequer. General Rules were published in pur- suance of the authority contained in this statute, and are to be found in L. R. Exchequer, volume 1, page 389. a^M. f m INTRODUCTION. The jurisdiction of the Exchequer Court of Canada is conferred by sections 58 and 59 of the Supreme and Exchequer Court Act, sec. 58 being amended by sec. 18 of the Act intituled " An Act to make further provision in regard to the Supreme Court and the Exchequer Court of Canada." Section 58, as originally framed, might have had the effect of excluding from the jurisdiction of the Court a class of cases indirectly affecting the revenue which, in England, could be removed into the Court of the Exchequer and dealt with there exclusively, but on the Plea side and not the Revenue side of the Court j such as action of damages brought against revenue officers for torts alleged to have been committed in the performance of their duties. See Cawthorn v. Campbell et al.^ 1 Anstruther, 205, n. ; Siddon v. East^ 1 C. & J. 12 ; Smith v. Cameron, 9 Jur. 405 ; Attorney-General v. Hallett, 15 M. & W. 97 ; Adams et al. v. Freemantle et al., 2 Exch. 453. To ascertain the jurisdiction of the Exchequer Court of Canada in revenue causes and other cases in which the Crown is interested, it will be neces- sary to acquire a knowledge of the jurisdiction exercised in such cases by the Courts of the various Provinces. Only a brief reference can be made to this subject here. The 34 George III., ch. 2, Upper Canada, erected ¥ INTRODUCTION. 21 '^ the Court of King's Bench in that Province, and ♦Tave to that Court all such powers and authorities as by the law of England were incident to a Supe- rior Court of Civil and Criminal jurisdiction, with all rights, incidents, and privileges as at the time the Act first took effect were used, exercised, and en- joyed by any of the Superior Courts of Common Law at Westminster in England, with power to hold plea in all manner of actions, &c., as well criminal as civil, real, personal, and mixed, by such process and course as are provided by law, &c., to hear and determine all issues of law, and (except were otherwise provided) with a jury to determine all issues of fact and give judgment, and award execution in as full and ample a manner as there (1794) could be done in the Courts of Queen's Bench, Common Pleas, or in matters which regard the King's revenue by the Court of Exchequer in England. The Statute gave to the Court of King's Bench in Upper Canada all the powers, both legal and equitable, which the Court of Exchequer in Eng- land then possessed "in matters which regard the King's revenue. '^ In 1849, by 12 Vic. ch. 63, the Court of Com- mon Pleas for Upper Canada was constituted with "the same jurisdiction, powers, authorities, and privileges exercised and enjoyed by the said Court of Queen's Bench. 22 INTROm-ClION. By 28 Vic. ch. 17, sec. 2, (passed 18th March, 1865,) it was enacted that "the Court of Chancery in Upper Canada shall have the same equitable jurisdiction in matters of revenue as tlie Court of Exchequer in England possesses." This last Statute was probably passed owing to its having been decided by the late Chancellor Vankoughnet, in the case of Miller v. The Attorney- General (9 Grant's Eeports, 558), that the Court of Chancery of Upper Canada had no right to grant relief in a matter specially regarding the revenue, and that such relief could only bo obtained in the Court of Queen's Bench or Common Pleas. "The Court of Exchequer," says the learned Chancellor in his judgment, " has long exercised an equitable jurisdiction in matters of revenue, and while the Attorney-General was proceeding by a sci. fa., or an extent on the one «ide of the Court, matters in equity might be shewn on the other side why the legal process should not have effect. The history of this jurisdiction is traced and its character explained in the very interesting and elaborate judgment of Pollock, C. B., in Attorney-General v. Hailing. Much valuable information on the same subject is to be found in the case of the Attorney - General v. Sewell (4 M. & W. 77). A difference of opinion has prevailed in Englaud as to the effect of the Imperial Statute, 5 Victoria, ch. 5. In the INTRODUCTION. 23 Attoiniey-Omeral v. Tlie Corporation of London^ the Master of the Rolls thought that all the equitable jurisdiction of the Court of Exche<|uer, as well in mittors of revenue as otherwise, was by that Act taken from that Court and transferred to the Court of Chancery. Some observations favouring this view were made in the House of Lords on the hearing of the appeal in that case, as reported in 1 H. Lds., 440 ; but neither then, nor on the hearing in the Court below, was it necessary to decide that question ; and Lord Cottenham expressly reserved his opinion upon it. In the Attorney-General v. Hailing^ the learned Barons of the Exchequer Court deliberately considered the subject and came to a clear conclusion that they still retain their equitable jurisdiction in matters of revenue ; and, accordingly, in that case they exercised it. I follow this decision in preference to the view of Lord Langdale. I think it better considered, and, until overruled by a higher authority, binding; and, moreover, the reasoning in support of it seems to me very strong. The conse- quence of this holding would be that the peculiar equitable jurisdiction of the Court of Exchequer in matters of revenue was not by that statute trans- ferred to the Court of Chancery. If it was, it might be contended that under our Act, 20 Victoria, ch. 56, sec. 1, the Court of Chancery in this Province posessed the same powers as those transferred from 2 B . i!i-j00t;i^ m 24 INTRODUCTION. i the Exchequer to Chaicery under the Imperial Act of 5 Victoria. Even if this were so, it would not follow that the Court of Chancery here was the sole tribunal in which parties to claims by the Crown in respect of revenue could have relief, or would at all interfere if the Court of Common Law had power to do equity. The Statute 34 George III., ch. 2, which constituted the Court of King's Bench in Upper Canada, appears to me to l)ave given to that Court all the powers which the Court of Ex- chequer in England than possessed in the matters which regard the * King's revenue'; although the language of the Act, by which this power is, as I think, conveyed, is open to some criticism. The Imperial Act of 5 Victoria could not affect this jurisdiction. The matter in dispute here is one which specially regards the revenue, and in respect of which I think relief can only be obtained in the Court of Queen's Bench here, where the proceedings at law are carried on, or by petition of right. It is not for me to do more than to intimate to the plain- tiff the mode of proceeding by which he may establish his equity, if any, to relief. The Court of Queen's Bench will judge of its own powers and jurisdiction and settle the form by which, if at all, its equitable aid can be invoked." The extent of the jurisdiction in matters of re- venue possessed by the Superior Courts of the Pro- INTRODUCTION. J»S , % I vince of Ontario was also commented on in the case of Rastall v. The Attorney-General^ see 17, Grant 1 ; 18 Grant, 138 (same case in appeal). In tliat case, a bill was filed in the Court of Chancery for Ontario by two persons who entered into a recogni- zance for the due appearance of a person confined i n gaol on a criminal charge, praying for a discharge from all liability under such recognizance on the ground that, although the recognizance was prepared as if the accused and his two sureties were to join therein, the prisoner was discharged without his acknowledgment of the recognizance being obtained. The Court of Appeain held that the Court of Chan- cery of Ontario had no jurisdiction over the for- feited recognizance on the ground that the estreat of a recognizance into a Court having the jurisdiction of the Exchequer as a Court of Eevenue is a neces- sary preliminary to the exercise of either the legal or equitable jurisdiction. This case will be found of great value from the manner in which the juris- diction of the various Courts of the Province of Ontario in revenue matters generally is discussed in the able judgment rendered. In the Province of Quebec, the jurisdiction and practice of the various Courts are defined by the Code of Civil Procedure. Article 28 is as follows : " The 8upprior Court has original jurisdiction in all suits or actions which ^msm^. t 26 IN'l RODUCTION. are not exclusively within the jurisdiction of the Circuit Court or of the Admiralty." Article 43 provides that " Every action before the Superior Court is instituted by means of a writ of summons, in the name of the sovereign ; saving the exceptions contained in this Code and other cases provided for by special laws." Articles 1053 & 1054 relate to the jurisdiction of the Circuit Court, and are as follows : " 1053. The Circuit Court has ultimate jurisdic- tion to the exclusion of the Superior Court : "1. In all suits wherein the amount or the value of the thing demanded is less than one hundred dollars, saving the exceptions contained in the fol- lowing article, and such cases as fall exclusively within the jurisdiction of the Court of Vice-Ad- mirality : " 2. In all suits for school taxes or school fees, and all suits concerning assessments for the build- ing or repairing of churches, parsonages, or church yards, whatever may be the amount of such suits." "Art. 1054. The Circuit Court has original jur- isdiction to the exclusion of the Superior Court, and subject to appeal : - *' 1. In all suits in which the sum or the value of the thing demanded amounts to or exceeds one hundred dollars, but does not exceed two hundred dollars, saving the exception contained in the second paragraph of the preceding article." ! i >0^ INTRODLXTION. »f The jurisdiction given by the foregoing subsec- tion 1 of Art. 1054, has been amended as regards the Districts of Quebec and Montreal by 34 Vic. cap. 4, sec. 8. and 35 Vic. cap. 6, sec. 25, the juris- diction of the Circuit Court in such Districts being limited in all cases to one hiindrol dollars and under. " 2. In all suits for fees of office, duties, rents, revenue, or sums of money payable to the Crown, or which relate to any title to lands or tenements, to annual rents, or such like matters, whereby rights in future may be bound, even though the amount claimed be under one hundred dollars." Art. 1058 provides that " Whenever any suit or action relates to fees of office, rights, rents, revenues, or sums of money payable to the Crown ; titles to land or tenements ; annual rents or other matters by which rights in future may be affected, the de- fendant may, before pleading to the merits, evoke the suit or action, and require it to be removed to the Superior Court in the same District for hearing and judgment." Art. 1035 provides that " All demands for annul- ling letters-patent may be made by suits in the or- dinary form, or by sdre-facias, upon information brought by Her Majesty's Attorney-General or Soli- citor-General, or any other officer duly authorized for that purpose." 28 INTRODUCTION. Art. 1036 — " The information is served upon the person who holds or relies upon such letters -patent, and is heard, tried, and determined in the same manner as ordinary suits." The Supreme Courts of the Maritime Provinces have not been erected by special statutes, as in the Province of Ontario, but have been established in pursuance of instructions given to the first Gover- nor, and with a jurisdiction determined by the terms of the Commission to the first Chief Justice, of each of these Provinces. This jurisdiction has, in most cases, been extended by Legislative enactment, and all these Courts have, from time to time, received Legislative recognition. In Xew Brunswick, the extent of the Exchequer jurisdiction of the Supreme Court was discussed in the case of The Attorney-General v. Baillie (1 Kerr's Xew Brunswick Reports, p. 443). It was there decided that that Court had only the powers incident to the Court of Exchequer in England as a Court of Common Law. The Commission to the first Chief Justice of New Brunswick gave him " full powers and authority in our said Supreme Court to hear, try, and determine all pleas whatso- ever, civil, criminal, and mixed, according to the laws, statutes, and customs of that part of our King- dom of Great Britain called England, and the laws of our said Province of New Brunswick, not being .1 1 1 ■ ; ' INTRODUCTION. 29 repugnant thereto, and executions of all judgments of our said Court to award, and to act and do all things which any of our Justices of either Bench or Barons of the Exchecnier in England may or ought to do ; and to make such rules and orders in our said Court as shall be judged useful and convenient, and as near as may be agreeable to the rules and ordera of our Courts of King's Bench, Common Pleas, and Exchequer in England." "The general power," says C. J. Chipman in his judgment, "conferred by this Commissin is * to hear, tri/j and determine all pleas whatsoever, civil, crmi- nal, and mixed.' Now, these are words pertinent and appropriate to convey common law powers, especially the tern * to try,' of which the prominent signification is, without doubt, trial by jury. . . . . . * Pleas, civil, criminal, and mixed,' 'laws- statutes, and customs,' 'executions of all judg, ments,' are all expressions which clearly import proceedings according to the course of the common law and have no reference to the course of proceed ings in the Courts of Equity The Crown has contented itself with establishing a Court with general common law powers, of which powers the Crown may avail itself as well as a subject, as need may require, and which powers the Crown has evidently deemed sufficient for the Supreme Court of a Cclony to exercise .4fj!S8Wrj».. 30 INTRODUCTION. Then, it is said that this Court has actually, from the beginning of its existence, exercised the powers of the Court of Exchequer in England. But the only powers which this Court has exercised are those incident to the Court of Exchequer as a Court of Common Law. Informations of debt and intrusion, commission to find the King's debts, scire-fackis on bonds and extents, are all proceedings on the Com- mon Law side of the Court of Exchequer, in which the subject has opportunity to plead, according to the course of the common law, and to have issues of fact tried by a jury. Even the power to afford relief in cases of forfeited recognizances, which this Court has exercised, was sustained exp^'essly on the ground, that this was a power exercised by the Barons of the Exchequer in England, in the Common Law branch of the Court. The present, as I stated at *' outset, is the first instance in which it has been alter |> ted to attribute to this Court the powers of rM^ '""art of Equity in the Exchequer Chamber, liio oourt has no officers nor organization fitted for the exercise of such powers. I think it is clear that it does not possess them." In the case of The King v. McLaughlin^ decided in Mich. T. 1 Wm. IV., but not reported, it was held that the Statute 33 Hy. VIIL, ch. 39, was in force in the Province of New Brunswick. It was ail {^plication to remove the hand of the Crown MX INTKODUCTION. from certain lands which had been seized under an extent issued against the defendant. The points submitted on the part of the claimant were — First. That the Statute 33, Hy. VIII., ch. 39, sec. 50, under which the proceedings in the case had been taken, did not extend to the Colonies, and therefore, property in the Colonies was not bound by the King's bond debt from the date of the bond, but only from the time that the debt became a debt of record, either by office found or by scire-faciasf Secondly. That if the Statute did extend in any respect to the Colonies, yet it could only make bond debts of the description mentioned in the Statute of the same effect in the Colonies as a Statute Staple of Westminster ; and as a Statute Staple in such Colony could only be evidence of an exist- ing debt to be proceeded upon in the Courts of the Province by action before any execution could issue theron, and would not bind land in the Colonies till judgment thereon in the Colonial Court was ob- tained ; so bond debts to the Crown could have no other effect under the Statute than to bind lands from the time they became debts in the Colonial Courts. Saunders, C.J., said that the Colony was not to be considered as either a conquered or a ceded country, and, therefore, the Colonists at the time it was settled brought with them such parts of the 'k:^m^ 32 INTRODUCTION. Common Law of England as was applicable to their condition. The Statute in question was in affir- mance of the Common Law, and was binding in tliat Province. Bliss, J., was of the same opinion, and said that the Ee venue Laws were made for the benefit of the country, and if the Statute of Henry \ III. was not in force in the Province, the Crown would be in a worse situation than an individual as to security for its debts. He considered that the Statute was applicable to the Colony, and that no inconvenience, but, on the contrary, great benefit would arise trom its operation. Botsford, J., said he had had doubts and a strong leaning against this Statute, but, upon consideration, he was convinced that it did apply and was in force ill the Colony. He never considered Nova Scotia, of which the Province of New Brunswick was a part, in the light of a conquered country. The British right to it was founded on discovery, and was always so maintained ; and the grant to Sir Wm. Alexander (in 1620) was founded on this right of discovery ; therefore the English Common Law and all Statutes in amendment of the Common Law passed anterior to the settlement of the Colony were in force. The Statute in question was in amendment of the Common Law ; the seventy-fourth section of it restricted the prerogative of the Crown, so that its priority in payment of debts should not take place after judgment for the subject. '■ INTRODUCTION. 33 Chipman, J., concurred with the rest of the Court. He considered tlie true principle to be as laid down by Lord Mansfield in lAndo v. Lord Rodney, that each Colony at its settlement took with it the Common Law and all the Statute Law applicable to its Colonial condition. It might not be a clear point as to what period of time should be deemed the time of the settlement of that Colony; the period of the restoration of Charles II., it was understood, was adopted in practice by the Genera] Assembly of the Province at its first session as the period anterior to which all Acts of Parliament should be considered as extending, and the reason which had been given for this was that it was about the time of the Restoration that the Plantations be- gan to be specially mentioned in Acts of Parliament, and the inference therefrom was that if any act after that period was intended to extend to the Planta- tions it would be so expressed. Whatever, how- ever, might be construed to be the period of Colo- nial settlement which limited the extension of Acts of Parliament to this Province, the present Statute of Henry VIII. , passed in the middle of the fifteenth century, was clearly anterior to any period which could be assumed for this purpose, and the only question must be whether the Statute itself was ap- plicable to our Colonial condition After reciting sec. 50 of the Statute, he proceeded .1 34 INTRODUCTION. li! to say that this was a general provision of law equally applicable in all Colonies wherein specialties were made to the King as in the Mother Country ; and the force and affect which such specialties were to have was the force and effect which a Statute Staple had at Westminster : that is, to be a matter of re- cord and to bind the land from its date. In Nova Scotia, a diflferent conclusion has been come to with respect to the Statute. It was there decided, in the case of Uniacke v. DicJcson, et. al. (James' Reports, p. 287), that the Statutes 33 Henry VIIL, ch. 39, and 13 Elizabeth, ch. 4, were not in force in that Province. The Judges in this case, while agreeing with the Judges who decided the case of The King v. McLaughlin, in the > general principle that only such parts of the Statute law will be received as are obviously applicable to the Colony, held that these Statues were not applicable to the Colony of Nova Scotia, and, therefore, should not be considered in force in that Province. The judgments delivered in the case will amply repay careful perusal. By the Revised Statutes of Nova Scotia, 1873, fourth series, ch. 89, sec. 4, it is enacted that " The Supreme Court shall have, within this Province, the same powers as are exercised by the Courts of Queen's Bench, Common Pleas, Chancery, and Exchequer in England." 1 ., INTRODUCTION. m * \ No similar provision, so far as the writer is aware, has been made with reference to the Courts of the other Maritime Provinces. It is difficult to obtain satisfactory information with regard to the jurisdiction of the Supreme Court of Prince Edward Island. Mr. Patterson, the first Governor of the Island, by his commission was authorized to erect all necessary Courts of Judica- ture, and by his instructions was directed to consult with the Chief Justice of the Island as to the measures proper to be pursued for the purpose. The Commission of the Chief Justice (a copy of which the writer has been unable to find) no doubt defined the extent of the jurisdiction to be enjoyed by his Court in somewhat similar terms to those used in the Commission to Chief Justice Ludlow, of 2^ew Brunswick. It is evident, however, that Courts were established by Mr. Patterson in con- junction with the Chief Justice without delay ; for the first Act passed by the first Assembly of the Island (convened in 1773) was one rendering valid all manner of process and proceedings in the several Courts of Judicature within the Island, from the first day of May, 1769, to the then present Assem- bly. By the Statute of Canada, 31 Vic. ch. 6 (an Act respecting the Customs), it is provided (sec. 102) that, " If the prosecution to recover any penalcy or ,,^y*»'*^ 36 INTRODUCTION. forfeiture imposed by this Act, or by any other law relating to the Customs, or to trade or navigation, is brought ■ 1 any Superior Court of Law in either of the Provinces of Ontario, Nova Scotia, or New Brunswick, it shall be heard and determined as pro- secutions for penalties and forfeitures are heard and determined in Her Majesty's Court of Exchequer in England, in so far as may be consistent with the established course and practice of the Court in which the proceeding is instituted, and with any law relating to the procedure in such Province, in suits instituted on behalf of the Crown in matters rela- ting to the Eevenue ; and any such practice and law shall apply to prosecutions for the recovery of forfeitures and penalties under this Act, in whatever Court they are instituted, so far as they can be applied thereto consistently with this Act, and the venue in any such case may be laid in any county in the Province in which the proceeding is had, without alleging that the ofifence was there commit- ted." In Manitoba, an Act (38 Vic. ch. 12) was passed in July, 1874, defining the jurisdiction and powers of the Court of Queen's Bench of that Province. It is intituled "An Act respecting the Court of Queen's Bench in Manitoba." The first two sec- tions are as follows : INTRODUCTION. ^ ** I. The Court of Queen's Bench in Manitoba shall decide and determine all matters of controversy relative to property and civil rights, according to the laws existing or established and being in Eng- land, as such were, existed and stood on the fifteenth day of July, one thousand eight hundred and seventy, so far as the same can be made applicable to matters relating to property and civil rights in this Province ; and all matters relative to testimony and legal proof in the investigation of fact, and the forms thereof, and the practice and procedure in the Court of Queen's Bench and the County Courts in Manitoba, shall be regulated and governed by the rules of evidence, and the practice and procedure as they were, existed and stood in England on the day and in the year aforesaid, except as the said laws and the said rules of evidence, and the said practice and procedure, and the forms thereof, may have been already changed or altered, or shall hereafter be changed or altered by any Act or Acts of the Legislature of TIanitoba already passed, or that shall hereafter be passed, or by any rule or rules, order or orders of Court, lawfully made, or that shall here- after be made : Provided always^ that nothing herein contained shall affect any civil right, lawfully acquired or existing under the laws of Assiniboia on the day and in the year aforesaid." k 38 INTRODUCriON. " II. The said Court of Queen's Bench, being a Court of Eecord and possessing original and appel- late jurisdiction, shall possess and exercise all such powers and authorities as by the laws of England are incident to a Superior Court of Record of Civil and Criminal jurisdiction, in all matters, civil and criminal, whatsoever, and shall have, uso, enjoy and exeicise all the rights, incidents, and privileges as fully to all intents and purposes as the same were on the day and in the year aforesaid possessed, used, exercised, and enjoyed by any of Her Majesty's Superior Courts of Common Law, at Westminster, or by the Court of Chancery, at Lincoln's Inn, in England." And Sec, VII. provides that " The said Court of Queen's Bench ^liall possess the same powers, autho- rities and jurisdiction as the Court of Chancery in England possessed on the fifteenth day of July, one thousand eight hundred and seventy." In the Province of British Columbia, the Eng- lish law was declared in force on 19th Kovember, 1858, by Proclamation having the force of law. After the Union of British Columbia and Vancouver Island, this Proclamation was repealed by an Ordinance passed on the sixth of March, 1867, intituled " An Ordinance to assimilate the general application of English Law," by which it is pro- viiled that " From and after the passing of this i| i '^ <4 ^ I INTRODUCTION. 39 Ordinance the Civil and Criminal laws of England as the same existed on the 19th day of November, 1858 " (saving as modified by past legislation of British Columbia and Vancouver Island), " p.nd so far as the same are not, from local circumstances, inapplicable, are and shall be in force in all parts of the Colony of British Columbia." On the 8th June, 1869, by Proclamation issued under the public seal of the Colony, the Supreme Court of Civil Justice of British Columbia was constituted with " complete cognizance of all pleas whatsoever," and with "jurisdiction in all cases, civil as well as criminal, arising within the said Colony of British Columbia;" and the present Chief Justice of British Columbia, who, by commis- sion under the Eoyal signet and sign manual, had been appointed to be a Judge in the said Colony with full powers and authority to hold Courts of Judicature and to administer justice according to the laws at the date of the said commission in force, or which might thereafter be in force in the said Colony, was declared the Judge of the said Court. By an Order of the Queen in Council, dated 4th April, 1856, the Supreme Court of Civil Justice of the Colony of Vancouver Island was constituted. By ** The Vancouver Island Civil Procedure Act, 1861 ;" " The Common Law Procedure Act, 1852," (excepting sees. 104 to 115, both inclusive) ; " The 3c 40 INTRODUCTION. Common Law Procedure Act, 1864;" **The Common Law Procedure Act, i860;" and the Kules of Practice and Pleading made in pursuance of the said Acts, or either of them, were in future to regulate the practice and procedure of the said Supreme Court of Civil Justice of Vancouver Island in all actions and proceedings at law ; and the several statutory enactments regulating the practice, pleadings, and procedure of the High Court of Chancery in force on the 14th day of February, 1860, and the several Orders and Regulations in force in the said High Court on the said 14th day of February, 1860, were to regulate the proceedings of the Supreme Court of Civil Justice sitting in equity. After the Union cf British Columbia proper and Vancouver Island, an Ordinance was passed, dated 1st March, 1869, altering the names of the Supreme Courts therein to " The Supreme Court of the Main- land of British Columbia " and " The Supreme Court of Vancouver Island " respectively ; and it was also provided that these two Courts should merge into one Supreme Court, to be called " The Supreme Court of British Columbia," upon a vacancy being created by the death, resignation or otherwise of either of the then two Chief Justices. On the 9th March, 1869, an Ordinance was pass- ed repealing the "Vancouver Island Civil Proce- INTRODUCTION. 41 <*fe dure Act, 1861," and declaring that the '* Common Law Procedure Act, 1852 ' (excepting sees. 104 and 115, both inclusive); "The Common Law- Procedure Act, 1864;" "The Common Law Pro- cedure Act, 1860 ; " and the Rules of Practice and Pleading made in pursuance of the said Acts, or «;ither of them, should, as far as practicable, and except as modified by General Orders afterwards made, regulate the practice and procedure of eacli and every of the Superior Courts of the Colony in all actions and proceedings at law; and that the several statutory enactments regulating the practice, pleadings, and procedure of the High Court of Chancery in force on the 14th February, 1860, and the several Orders and Regulations in force in the said High Court on the said 14th February, 1860, should, as far as practicable, and except when altered by General Orders of the Courts of the Colony afterwards made, regulate the proceedings of the said Courts sitting in equity. On the 22nd April, 1870, an Ordinance was passed declaring that the merger of the Supreme Court of the Mainland of British Columbia and of the Supreme Court of Vancouver Island into the Supreme Court of British Columbia should be deemed and taken for all purposes whatsoever to have taken place as from the 29th day of March, A.D. 1870. 42 INTRODUCTION. On the 21st February, 1873, the Legislature of British Columbia passed "An Act to provide for the institution of suits against the Crown by Peti- tion of Right, and respecting procedure in Crown suits.'* By this Act, the practice and procedure in Crown cases was assimilated to the practice and pi'ocedure in cases between subject and subject. PETITIONS OF RIGHT. By section 4 of "The Petition of Right Act, 1876," exclusive original cognizance of Petitions of Right is conferred upon the Exchequer Court of Canada ; and by sec. 13 of the same Act, it is pro- vided that "All the provisions of * The Supreme and Exchequer Court Act,* not inconsistent w^ith this Act, shall extend and apply to the jurisdiction by this Act conferred in like manner as if such juris- diction had been conferred on the Exchequer Court by the fifty-eighth section of the said Act." This Act repeals the Petition of right Act of 1875, and is more extensive in its provisions. It is modelled after and is in many respects similar to the English Act 23 & 24 Vic. ch. 34, which is intituled " An Act to amend the law relating to Petitions of Right, to simplify the proceedings, and to make provision for the costs thereof." In England, where a right was sought to be se- tablished against the Crown, the course prescribed >v INTRODUCTION. 43 t 1IP&! by the Common Law was to address a petition to the King in one of his Courts of Eecord, praying that the conflicting claims of the Crown and the petitioner might be duly examined. As the prayer of this petition was grantable ex deUtoJustitice — pro- bably it came within Magna Charta nulll vendemusy nvlli negahimiLS aut dlfferemus justitiam vel rectum — it was called a Petition of Mighty and was in the nature of an action against the King, or of a writ ot right for the party, though chattels real, or personal debts, or unliquidated damages, might be recovered under it. By our Petition of Eight Act, 1876, it is provided that nothing in the Act contained shall give to the subject any remedy against the Crown in any case in which he would not have been en- titled to such remedy in England under similar circumstances by the laws in force there prior to the passing of the Imperial Statute 23 & 24 Vic. ch. 34. Some of the cases in which this remedy by Petition of Right was granted before the passing of this last-mentioned Statute will be found in 6 Man- ning & Granger's Reports, page 251, note (a). It has been held that a Petition of Right will not lie to recover compensation for a wrongful act done by a servant of the Crown in the supposed performance of his duty (Tobin v. Begina, 16 C.B. N.S., 310) ; nor for a claim founded upon tort, on 44 INTRODUCTION. the ground that the Crown can no wrong {ibid). Erie, C.J., in lii Igment (page 355) reviews many of the autii> % shewing where the Petition of Right will and where it will not lie. See also the judgment of 0. " (' >burn in the case of Feathers v. The Queen ; Vl L.T.j!^.S., p. 117. But a Petition of Right will lie for a breach of contract resulting in unliquidated damages (Thomas v. The Queerij L.R. 10, Q. B. 31) ; and a trust as well as a contract may be enforced against the Crown. But in the case of Holmes v. The Queen, 2 J. & H. 527, a Petition of Right in the nature of a sait against the Crown in respect of lands in this country failed, it having been held tliat the English Court of Chancery had no jurisdiction to enforce a trust of lands situated here. The soundness of this decision lias, however, been questioned. In 1872, the Legislature of the Province of Ontario passed an Act (35 Vic. ch. 13) intituled " An Act to provide for the institution of suits against the Crown by Petition of Right and respect- ing procedure in Crown Suits." This Act is very similar to the EnglisVi Act, and also to the Domi- nion Act of 1876. Under it there are to be found no reported decisions of any importance, except the case of The Canada Central M. W. v. The Queeiu to be found in 20 Grant, p. 273, which case is val- uable fYiHt StiH8ion of ttie Parliament of Canada. Yearly Se.sHion of the Parliament of Canada. Number of Senators. Representation of Provinces in Senate. (^ualiflcations of Senator. " SummonH of Senator. Summons of flrst bodv of Senators. Addition of Senators in certain cases. Reduction of Senate to normal number. Maximum number of Senators. Tenure of place in Senate. Rcsi^j^nation of place in Senate. Disqualiflcation of Senators. Summons on vacaucv in Senate. Questions as to qualifications and vaca:icie.s in Senate. Appointment of Speaker of Senate. Cuorum of Senate. Voting in Senate. Constitution of House of Commons in Canada. Summoning of House of Commons. Senators not to sit in House of Commons. Electoral Districts of the four Provinces. Continuance of existing Election Laws until Parliament of Canada otherwise provides. Writs for first election. As to casual vacancie.s. As to election of Speaker of House of Commons. As to filling up vacancy in office of Speaker. Speaker to preside. Provision in case of absence of Speaker. Quorum of House of Commons. Voting in House of Commons. Duration of House of Commons. Decennial re-adjustment of representation. Increa.se of number of House of Commons. Appropriation and tax bills. Recommendation of m'^ney votes. Royal assent to bills, fyC. Disallowance by order in Council of act assented to by Governor-General. Signification of Queen's pleasure on bill reserved. Appointment of ijieutenant-Govemors of Provinces. Tenure of office of Lieutenant-Governor. Salaries of Lieutenant-Governors. Oaths, &;c., of Lieutenant-Governor. Application of provisions referring to Lieut. -Governor. Appointment of Execu*'ve officers for Ontario and Quebec. Executive Government oi Nova Scotia and New firunswick. Powers to be exercised by Lieutenant-Governor of Ontario or Quebec with advice or alone. Application of provisions referring to Lieutenant-Govenor m Council. Administration in absence, &c., of Lieutenant-Governor. i Sec. 68. 69. 70. 71. 72. 73. 74. 76. 76. 77. 78. 79. 80. 81. 82. 83. 84 85. 86. 87. 88. 80. 90. 91. 92. 98. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. BRITISH NORTH AMKRICA ACT, 867. 61 Seats of Provindal Govern nients. Legislature for Ontario. Electoral Districts. Leuislature for Quebec. Constitution of Legislative Council. Qualification of Legislative Councillors. Resignation, disqualification, Sic. Vacancies. Questions as to vacancies, kv. Speaker of Legislative Council. Quorum of Legislative Council. Voting in Legislative Council. Constitution of Legislative Assembly of Quebec. First Session of Legislatures. Summoning of Legislative Assemblies. Restriction on election of holders of office^. Continuance of existing election laws. Duration of Legislative Assemblies. Yearly session of Legislature. Speaker, quorum, &c. Constitutions of Legislatures of Nova Scotia and New Brunswick. First elections. Application to Legislatures of provisions respecting money votes, &c. Legislative authority of Parliament of Canada. Subjects of exclusive Provincial Legiulation. Legislation respecting education. Legislation for uniformity of laws in three Provinces. Concurrent powers of legislation respecting agriculture &c. Appointment of Judges. Selection of Jud;;es in Ontario. Selection of Judges in Quebec. Tenure of ofiice of Judges of Superior Courts. Salaries, &c. , of Judges. General Court of Appeal, &c. Creation of co i&o!'dated revenue fund. Expenses of collection, &c. Interest of Provincial public debts. Salary of Governor-General. Appropriation from time to time. Transfer of stocks, &c. Transfer of property in schedule. Property in lands, mines, &c. Assets connected with Provincial debts. Canada to be liable for Provincial debts. Debts of Ontario and Quebec. Assets of Ontario and Quebec. Debt of Nova Scotia. Debt of New Brunswick. Payment of interest to Nova Scotia and New Brunswick. Provincial public property. Grants to Provinces. Further grant to New Brunswick. 52 BRITISH NORTH AMERICA ACT, 1867. m' Sue. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. Form ! Whereas, the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their desire to be federally united into one Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in principle to that of the United Kingdom : And whereas, such a Union would conduce to the wel- fare of the Provinces and promote the interests of the British Empire : And whereas, on the establishment of the Union by authority of Parliament, it is expedient, not only that the Constitution of the Legislative authority in the Dominion be provided for, but also that the nature of the Executive Government therein be declared : And whereas, it is expedient that provision be made for the eventual admission into the Union of other parts of Hritish North America : BRITISH NC^RTII AMERICA ACT,.l867. 53 Be it therefore enacted and declared by the Queen* 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, as follows : I,— PRELIMINARY. 1. Short Title.— This Act may be cited as the British North America Act, 1867. 2. Application of provisions referring to the Queen, — The provisions of this Act referring to Her Majesty the Queen extend also to the heirs and successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. IL— UNION. 3. Declaration of Union.— It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable Pri'/y Council, to declare by Proclamation that, on and after a day therein appointed, not being more than six months aficr the passing of this Act, the Provinces of Canada, Nova Scotia and New Brnnswick shall form and be one Dominion under the name of Canada ; and on and after that day those three Provinces shall form and be one Domin- ion under that name accordingly. 4. Construction of subsequent Provisions of Act.- The subsequent provisions of this Act shall, unless it is otherwise expressed or implied, commence and have eflfect on and after the Union, that is to say, on and after the day appointed for the Union taking effect in the Queen's Proclamation ; and in the same provisions, unless it is other- wise expressed or implied, the name Canada shall be taken to mtan Canada as constituted under this Act. 5. Four Provinces.— Canada shall be divided into four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick. 6. Provinces of Ontario and Quebec— The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the 54 BRITISH NORTH AMERICA ACT, 1867. Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form two separate Provinces. The part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario ; and the part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. 7, Provinces of Nova Scotia and New Bruns- wick. — The Provinces of Nova Scotia and New Brunswick shall have the same limits as at the passing of this Act. 8. Decennial Census. — In the general census of the population of Canada which is hereby required to be taken in the year one thousand eight hundred and seventy-one, and in every tenth year thereafter, the respective populations of the four Provinces shall be distinguished. f IIL— EXECUTIVE POWER. 9. Declaration of Executive Power in the Queen. — The Executive Government and authority of and over Canada is hereby declared to continue and be vested in the Queen. 10. Application of Provisions referring to the Governor-General. — The provisions of this Act referring to the Governor-General extend and apply to the Governor- General for the time being of Canada, or other the Chief Executive Officer or Aministrator for the time being carrying on the Government of Canada on behalf and in the name of the Queen, by whatever title he is designated. 11. Constitution of Privy Council of Canada. — There shall be a Council to aid and advise in the Govern- ment of Canada, to be styled the Queen's Privy Council for Canada ; and the persons who are to be members of tha Council shall be from time to time chosen and summoned by the Governor-General and sworn in as Privy Councillors, and members thereof may be from time to time removed by the Governor-General. 12. All powers under Acts to be exercised by Governor-General with advice of Privy Council or alone. — All powers, authorities, and functions which under any Act of the Parliament of Great Britain, or BRITISH NORTH AMERICA ACT, 1867. 65 of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia or New Brunswick, are at the Union vested in or exerciseable by the respective Governors or Lieutenant-Governors of those Provinces, with, the advice, or with the advice and consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any number of members thereof, or by those Governors or Lieutenant-Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Govern- ment of Canada, be vested in and exerciseable by the Governor-General, with the advice or with the advice and consent of or in conjunction with the Queen's Privy Council for Canada, or any members thereof, or by the Governor- General individually, as the case requires, subject never- theless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada. 13. Application of provisions referring to Governor-General in Council. — The provisions of this Act referring to the Governor-General in Council shall be construed as referring to the Governor-General acting by and with the advice of the Queen's Privy Council for Canada, 14. Povs^er to Her Majesty to authorize Gov- ernor-General to appoint Deputies. — It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor-General from time to time to appoint any person or any persons jointly or severally to be his Deputy or Deputies within any part or parts of Canada, and in that capacity to exercise during the pleasure of the Governor- General such of the powers, authorities, and Functions of the Governor-General as the Governor-General deems it necessary or expedient to assign to him or them, subject to any Limitations or directions expressed or given by the Queen ; but the appointment of such a deputy or deputies, shall not effect the exercise by the Governor-General himself of any power, authority, or function. 4d MPBHH 56 BRITISH NORTH AMERICA ACT, 1867. 15. Command of armed forces to continue to be vested in the Queen. — The Commander-in- J hief of the land and naval militia, and of a^l naval and a ilitary forces, of and in Canada, is hereby declared to continue and be vested in the Queen. 16. The seat of Government of Canada.— Until the Queen otherwise directs the Seat of Government of Canada shall be Ottawa. IV.— LEGISLATIVE POWER. 17. Constitution of Parliament.— There shall be one Parliament for Canada, consisting of the Queen, an Upper House, styled the Senate, and the House of Commons. 18. Privileges &c., of Houses. — The privileges* immunities, and powers to be held, enjoyed, and exercised by the Senate and by the House of Commons and by the members thereof respectively shall be such as are from time to time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland and by the members thereof. 19. First Session of the Parliament of Canada. — The Parliament of Canada shall be called together not later than six months after the Union. 20. Yearly Session of the Parliament of Canada. — There shall be a Session of the Parliament of Canada once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session. SENATE. 21. Number of Senators. — The Senate shall, sub- ject to the provisions of this Act, consist of seventy-two members, who shall be styled Senators. 22. Representation of Provinces in Senate. — In relation to the Constitution of the Senate, Canada shall be deemed to consist of three divisions — BRITISH NORTH AMERICA ACT, 1867. 57 m P 1. Ontario ; 2. Quebec ; 3. The Maritime Provinces, Nova Scotia and New Brunswick ; which three divisions shall (subject to the provisions of this Act) be equally represented in the Senate as follows : Ontario by twenty-four Senators ; Quebec by twenty-four Senators ; and the Maritime Provinces by twenty-four Senators, twelve thereof representing Nova Scotia, and twelve thereof representing New Brunswick. In the case of Quebec each of the twenty-four Senators representing that Province shall be appointed for one of the twenty -four electoral divisions of Lower Canada specified in schedule A, to chapter one of the Consolidated Statutes of Canada. 23. Qualifications of Senator. — The qualifications of a Senator shall be as follows : — (i.) He shall be of the full age of 1 lirty years : (2.) He shall either be a natural born subject of the Queen, or a subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of one of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parliament of Canada after the Union : (3.) He shall be legally or equitably seized as of freehold for his own use and benefit of lands or tenements held in free and common socage or seized or possessed for his own use and benefit of lands or tenements held in franc-alleu or in roture, within the Province for which he is appointed, of the value of four thousand dollars, over and above all rents, dues, debts, charges, mortgages, and incumbrances due or payable out of or charged on or affecting the same : (4.) His real and personal property shall be together worth four thousand dollars over and above his debts and liabilities : (5.) He shall be resident in the Province for which he is appointed : (6.) In the case of Quebec he shall have his real property qualification in the electoral division for which he is appointed, or shall be resident in that division. 58 BRITISH NORTH AMERICA ACT, 1867. 24. Summons of Senator. — The Governor-General shall from time to time, in the Queen's name, by instrument under the Great Seal of Canada, summon qualified persons to the Senate ; and subject to the provisions of this Act, every person so summoned shall become and be a member of the Senate and a Senator. 25. Summons of first body of Senators. — Such persons shall be first summoned to the Senate as the Queen by Warrant under Her Majesty's Royal Sign Manual thinks fit to approve, and their names shall be inserted in the Queen's Proclamation of Union. 26. Addition of Senators in certain cases. — If at any time on the recommendation of the Governor- General the Queen thinks fit to direct that three or six members be added to the Senate, the Governor- General may by summons to three or six qualified persons (as the case may be), representing equally the three divisions of Canada, add to the Senate accordingly. 27. Reduction of Senate to normal number. -—In case of such addition being at any time made the Governor General shall not summon any person to the Senate, except on a further like direction by the Queen on the like recommendation, until each of the three divisions of Canada is represented by twenty-four Senators and no more. 28. Maximum number of Senators. — The num. ber of Senators shall not at any time exceed seventy-eight. 29. Tenure of place in Senate. — A Senator shall, subject to the provisions of this Act, hold his place in the Senate for life. 30. Resignation of place in Senate. — A Senator may, by writing under his hand, addressed to the Governor General, resign his place in the Senate, and thereupon the same shall be vacant. 31. Disqualification of Senators. — The place of a Senator shall become vacant in any of the following cases : (i). If for two consecutive Sessions of the Parliament he fails to give his attendance in the Senate : (2). If he takes an Oath or makes a declaration or acknow* ledgment of allegiance, obedience or adherence to a i [ BRITISH NORTH AMERICA ACT, 1867. 59 1 ^ Foreign Power, or does an Act whereby he becomes a subject or citizen, or entitled to the rights or pri- vileges of a subject or citizen of a foreign Power : {3). If he is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debt- ors, or becomes a public defaulter : (4). If he is attainted of treason, or convicted of felony or of any infamous crime : (5), If he ceases to be qualified in respect of property or of residence ; provided that a Senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the Seat of the Government of Canada while holding an office under that Government requiring his presence there. 32. Summons on vacancy in Senate. — When a vacancy happens in the Senate, by resignation, death or otherwise, the Govenor General shall, by summons to a fit and qualified person, fill the vacancy. 33. Questions as to qualifications and vacan- cies in Senate. — If any question arises respecting the Qualification of a Senator or a vacancy in the Senate the same shall be heard and determined by the Senate. 34. Appointment of Speaker of Senate.— The Governor General may from time to time, by instrument under the Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in his stead. 35. Quorum of Senate. — Until the Parliament of Canada otherwise provides, the presence of at least fifteen Senators, including the Speaker, shall be necessary to con- stitute a meeting of the Senate for the exercise of its powers.' 36. Voting in Senate.— Questions arising in the Senate shall be decided by a majority of voices, and the Speaker shall in all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. THE HOUSE OF COMMONS. 37. Constitution of House of Commons in Canada. — The House of Commons shall, subject to the 'KE^ =1 jjsp;*!« 60 BRITISH NORTH AMERICA ACT, 1867. provisions of this Act, consist of one hundred and eighty-one Members, of whom eighty-two shall be elected for Ontario, sixty-five for Quebec, nineteen for Nova Scotia, and fifteen for New Brunswick. 38. Summoning of the House of Commons. — The Governor General shall from time to time, in the Queen's name, by instrument under the Great Seal of Canada, sum- mon and call together the House of Commons. 39. Senators not to sit in House of Commons. — A Senator shall not be capable of being elected or of sitting or voting as a member of the House of Commons. 40. Electoral Districts of the four Provinces. — Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New Brunswick shall, for the purposes of the election of Members to serve in the House of Commons, be divided into Electoral Districts as follows : — I.— ONTARIO. Ontario shall be divided into the counties, ridings of counties, cities, parts of cities, and towns enumerated in the First Schedule to this Act, each whereof shall be an Elec- toral District, each such District as numbered in that Schedule being entitled to return one member. 2.— QUEBEC. Quebec shall be divided into sixty-five Electoral Districts, composed of the sixty-five Electoral Divisions into which Lower Canada is at the passing of this Act divided under chapter two of the Consolidated Statutes of Canada, chapter seventy-five of the Consolidated Statutes for Lower Canada, and the Act of the Province of Canada of the twenty-third year of the Queen, chapter one, or any other Act amending the same in force at the Union, so that each such Electoral Division shall be for the purposes of this Act an Electoral District entitled to return one member. 3.— NOVA SCOTIA. Each of the eighteen counties of Nova Scotia shall be an Electoral District. The County of Halifax shall be entitled 4 BRITISH NORTH AMERICA ACT, 1867. 61 ty-one ntario, fifteen Dns. — Queen's I, sum- aions. i or of ions. inces. ovides, c shall, e in the tricts as ings of d in the in Elec- in that )istricts, :o which d under chapter Canada, ity-third mending Electoral Electoral all be an ; entitled I to return two members, and each of the other counties one member. 4.— NEW BRUNSWICK. Each of the fourteen counties into which New Bninswick is divided, including the city and county of St. John, shall be an Electoral District. The City of St. John shall also be a separate Electoral District. Each of those fifteen Electoral Districts shall be entitled to return one member. 41. Continuance of existing Election La^ws until Parliament of Canada otherwise provides. — Until the Parliament of Canada otherwise provides, all laws in force in the several Provinces at the Union relative to the following matters or any of them, namely, — the quali- fications and disqualifications of persons to be elected or to sit or vote as M embers of the House of Assembly or Legis- lative Assembly in the several Provinces, the voters at elections of such Members, the oaths to be taken by voters, the returning officers, their powers and duties, the proceed- ings at elections, the periods during which elections may be continued, the trial of controverted elections, and proceed- ings incident thereto, the vacating of seats of Members, and the execution of new writs in case of seats vacated otherwise than by dissolution, — shall respectively apply to elections of Members to serve in the House of Commons for the same several Provinces. Provided that, until the Parliament of Canada otherwise provides, at any election for a Member of the House of Commons for the District of Algoma, in addition to persons qualified by the law of the Province of Canada to vote, every male British subject, aged twenty-one years or upwards, being a householder, shall have a vote. 42. "Writs for first election. — For the first election of Members to serve in the House of Commons the Gover- nor-General shall cause writs to be issued by such person, in such form, and addressed to such returning officers as he thinks fit. The person issuing writs under this section shall have the like powers as are possessed at the Union by the officers charged with the issuing of writs for the election of Members to serve in the respective House of Assembly or Legislative tf BRITISH NORTH AMERICA ACT, 1867. Assembly of the Province of Canada, Nova Scotia, or New Brunswick ; and the returning officers to whom writs are directed under this section shall have the like powers as are possessed at the Union by the officers charged with the re- turning of writs for the election of Members to serve in the same respective House of Assembly or Legislative Assembly. 43. As to Casual Vacancies. — In case a vacancy in the representation in the House of Commons of any Electoral District happens before the meeting of the Parlia- ment, or after the meeting of the Parliament before provision is nfade by the Parliament in this behalf, the provisions of the last foregoing section of this Act shall extend and apply to the issuing and returning of a writ in respect of such vacant District. 44. As to the Election of Speaker of House of Commons. — The House of Commons on its first assem- bling after a General Election shall proceed with all prac- ticable speed to elect one of its Members to be Speaker. 45. As to filling up Vacancy in Office of Speaker. — In case of a vacancy happening in the office of Speaker by death, resignation, or otherwise, the House of Commons shall with all practicable speed proceed to elect another of its members to be Speaker. 46. Speaker to preside. — The Speaker shall pre- side at all meetings of the House of Commons. 47. Provision in case of absence of Speaker. — Until the Parliament of Canada otherwise provides, in case of the absence for any reason of the Speaker from the chair of the House of Commons for a period of forty-eight consecutive hours, the House may elect another of its Mem- bers to act as Speaker, and the Member so elected shall during the continuance of sueh absence of the Speaker have and execute all the powers, privileges, and duties of Speaker. 48. Quorum of House of Commons. — The presence of at least twenty Members of the House of Com- mons shall be necessary to constitute a meeting of the House for the exercise of its powers ; and for that purpose the Speaker shall be reckoned as a Member. 49. Voting in House of Commons. — Questions HRITISII NORTH AMERICA ACT, 1867. 63 arising in the House of Commons shall be decided by a majority of voices other than that of the Speaker, and when the voices are equal, but not otherwise, the Speaker shall have a vote. 50. Duration of House of Commons. — Every House of Commons shall continue for five years from the day of the return of the writs for choosing the House (subject to be sooner dissolved by the Governor-General), and no longer. 51. Decennial Re-adjustment of Representa- tion. — On the completion of the census in the year one thousand eight hundred and seventy-one, and of each sub- sequent decennial census, the representation of the four Provinces shall be re-adjusted by such authority, in such manner, and from such time, as the Parliament of Canada frofti time to time provides, subject and according to the following rules : — (i.) Quebec shall have the fixed number of sixty-five Members : (2. ) There shall be assigned to each of the other Province* such a number of Members as will bear the same proportion to the number of its population (ascer- tained at such census) as the number sixty-five bears to the number of the population of Quebec (so ascertained) : (3.) In the computation of the number of Members for a Province a fractional part not exceeding one-half of the whole number requisite for entitling the Province to a Member shall be disregarded ; but a fractional part exceeding one-half of that number shall be equivalent to the whole number : (4.) On any such re-adjustment the number of Members for a Province shall not be reduced unless the pro- portion which the number of the population of the Province bore to the number of the population of aggregate Canada at the then last preceding re- adjustmsnt of the number of Members for the Province is ascertained at the then latest census to- be diminished by one-twentieth part or upwards : (5.) Such re-adjustment shall not take effect until the termination of the then existing Parliament. «4 HRITISII NORTH AMKRICA AC I", 1867. |l t 52. Increase of number of House of Com- mons. — The number of Members of the House of Com- mons may be from time to time increased by the Parliament of Canada, provided the proportionate representation of the Provinces prescribed by this Act is not thereby disturbed. MONEY VOTKS; ROYAL ASSENT. 53. Appropriation and Tax Bills. — Bills for appropriating any part of the public revenue, or for im- posing any tax or impost, shall originate in the House of Commons. 54. Recommendation of money votes. — It shall not be lawful for the House of Commons to adopt or pass any vote, resolution, address, or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to that House by message of the Governor-General in the session in which such vote, resolution, address, or bill is proposed. 55. Royal assent to Bills, &c. — Where a bill passed by the Houses of the Parliament is presented to the Governor-General for the Queen's assent, he shall declare, according to his discretion, but subject to the provisions of this Act and to Her Majesty's instructions, either that he assents thereto in the Queen s name, or that he withholds the Queen's assent, or that he reserves the Bill for the signi- fication of the Queen's pleasure. 56. Disallowance by Order in Council of Act assented to by Governor-General. — Where the Gov- ernor-General assents to a Bill in the Queen's name, he shall by the first convenient opportunity send an authentic copy of the Act to one of Her Majesty's Principal Secretaries of State, and if the Queen in Council within two years after receipt thereof by the Secretary of State thinks fit to disallow the Act, such disallowance (with a certificate of the Secretary of State of the day on which the Act was received by him), being signified by the Governor-General, by speech or mes- sage to each of th? Houses of the Parliament or by proclama- tion, shall annul the Act from and after the day of such signification. 57. Signification of tbe Queen's pleasure on Bill reserved . — A Bill reserved for the signification of the I imniSIl NoKlll AMl.KRA ACT, I867. 66. ,. „ Queen's pleasure shall not have any force unless and until within two years from the day on which it was presented to the Governor-General for the Queen's assent, the Governor- General signifies, by speech or message to each of the I louses of Parliament or by proclamation, that it has received the assent of the Queen in Council. An entry of every such speech, message, or proclamation shall be made in the Journal of each House, and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the Records of Canada. 5.— PROVINCIAL CONSTITUTIONS. Executive Pmver. 58. Appointment of Lieutenant-Governors. — For each I'rovince there shall be an officer, styled the Lieu- tenant-Governor, appointed by the Governor-General in Council by instrument under the Great Seal of Canada. 59. Tenure of office of Lieutenant-Governor. A Lieutenant-Governor shall hold office during the pleasure of the Governor-General ; but any Lieutenant-Governor ap- pointed after the commencement of the first session of the Parliament of Canada shall not be removable within five years from his appointment, except for cause assigned, which shall be communicated to him in writing within one month after the order for his removal is made, and shall be com- municated by message to the Senate and to the House of C<^mmons within one week thereafter if the Parliament is then sitting, and if not then within one week after the com- mencement of the next session of the Parliament. 60. Salaries of Lieutenant-Governor. — The filaries of the Lieutenant-Governor shall be fixed and pro- v.ded by the Parliament of Canada. 61. Oaths, &c., of Lieutenant-Governor. — Every Lieutenant-Governor shall, before assuming the duties of his office, make and subscribe before the Governor- General or some person authorized by him, oaths of al- legiance and office similar to those taken by the Govemor- ( General. 62. Application of provisions referring to Lieutenant-Governor. — The provisions of this Act re- 66 BRITISH NORTH AMKRICA AC P, 1867. I ferring to the Lieutenant-Governor extend and apply to the Lieutenant-Governor for the time being of each Province or other the Chief Executive Officer or Administrator for the time being carrying on the Government of the Province, by whatsoever title he is designated. 63. Appointment of Executive Officer.? for Ontario and Quebec. — The Executive Council of On- tario and Quebec shall be composed of such persons as the Lieutenant-Governor from time to time thinks fit, and in the first instance of the following officers, namely, — the Attorney-General, the Secretary and Registrar of the Pro- vince, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with, in Quebec, the Speaker of the Legis- lative Council and the Solicitor-General. 64. Executive Government of Nova Scotia and New Brunswick. — The Constitution of the Ex- ecutive authority in each of the Provinces of Nova Scotia and New Brunswick shall, subject to the provisions of this Act, continue as it exists at the Union until altered under the authority of this Act. 65. Powers to be exercised by Lieutenant- Governor of Ontario or Quebec with advice or alone. — All powers, authorities, and functions which under any Act of the Parliament of Great Britain, or of the Parlia- ment of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, or Canada, were or are before or at the Union vested in or exerciseable by the respective Governors or Lieutenant-Gov- ernors of those Provinces, with the advice, or with the advice and consent, of the respective Executive Councils thereof, or in conjunction with those Councils or with any number of members thereof, or by those Governors or Lieu- tenant-Governors individually, shall, as far as the same are capable of being exercised after the Union in relation to the Government of Ontario and Quebec respectively, be vested in and shall or may be exercised by the Lieutenant-Governor of Ontario and Quebec respectively, with the advice or with the advice and consent of or in conjunction with the respec- tive Executive Councils or any Members thereof, or by the Lieutenant-Governor individually, as the case requires, sub- BRITISH NORTH AMERICA ACT, 1867. 67 ject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland), to I e abolished or aK'cred by the respective Legislatures of On- tario and Quebec. 66. Application of provisions referring to Lieutenant-Governor in Council. — The provisions of this Act referring to the Lieutenant-Governor in Council shall be construed as referring to the Lieutenant-Governor of the Province acting by and with advice of the Executive Council thereof. 67. Administration in absence, &c., of Lieu- tenant-Governor. — The Governor-General in Council may from time to time appoint an Administrator to execute the office and functions of Lieutenant-Governor during his absence, illness, or other inability. 68. Seats of Provincial Governments, — Unless and until the Executive Government of any Province other- wise directs with respect to that Province, the seats of Gov- ernment of the Provinces shall be as follows, namely, — of Ontario, the City of Toronto ; of Quebec, the City of Que- bec ; of Nova Scotia, the City of Halifax; and of New Brunswick, the City of Fredericton. Legislative Pmver, I.— ONTARIO. 69. Legislature of Ontario. — There shall be a Legislature for Ontario consisting of the Lieutenant-Gov- ernor and of one House, styled the Legislative Assembly of Ontario. 70. Electoral Districts. — The Legislative Assembly of Ontario shall be composed of eighty-two Members, to be elected to represent the eighty-two Electoral Districts set forth in the First Schedule to this Act. 2.— QUEBEC. 71. Legislature for Quebec, — There shall be a Legislature for Quebec consisting of the Lieutenant-Governor m BRITISH NORTH AMERICA ACT, 1867. I and of Two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec. 72. Constitution of Legislative GounciL— The Legislative ('ouncil of Quebec shall be composed of twenty- four Members, to be appointed by the Lieutenant Governor in the Queen's name, by instrument under the Great Seal of Quebec, one being appointed to represent each of the twenty- four electoral Divisions of Lower Canada in this Act referred to, and each holding office for the term of his life, unless the Legislature of Quebec otherwise provides under the Provisions of this Act. 73. Qualification of Legislative Councillors. — The qualifications of the Legislative Councillors of Quebec shall be the same as those of the Senators for Quebec. 74 Resignation, Disqualification, «&c. — The Place of a Legislative Councillor of Quebec shall become vacant in the cases, mutatis mutandis, in which the place of Senator becomes vacant. ^ 75. Vacancies. — When a vacancy happens in the Legislative Council of Quebec by resignation, death, or otherwise, the Lieutenant Governor, in the Queen's name, by instrument under the Great Seal of Quebec, shall appoint a fit and qualified person to fill the vacancy. 76. Questions as to Vacancies, &c. — If any question arises respecting the qualification of a Legislative Councillor of Quebec, or a vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council. 77. Speaker of Legislative Council. — The Lieu- tenant Governor may from time to time, by instrument under the Great Seal of Quebec, appoint a member of the Legis- lative Council of Quebec to be Speaker thereof, and may remove him and appoint another in his stead. 78 Quorum of Legislative Council. — Until the Legislature of Quebec otherwise provides, the presence of at least ten Memliers of the Legislative Council, including the Speaker, shall be necessary to constitute a meeting for the exercise of its powers. 79. Voting in Legislative Council. — Questions arising in the Legislative Council of Quel^ec shall be decided BRITISH NORTH AMERICA ACT, 1867. m by a majority of voices, and the Speaker shall iw all cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. 80. Constitution of Legislative Assembly of Quebec. — The Legislative Assembly of Quebec shall be composed of sixty-live members, to be elected to represent the sixty-five Electoral Divisions or Districts of Lower Can- ada in this Act referred to, subject to alteration thereof by the Legislature of Quebec : Provided that it shall not be lawful to present to the Lieutenant-Governor of Quebec for assent any bill for altering the limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the second and third readings of such Bill have been passed in the Legislative Assembly with the con- currence of the majority of the members representing all those Electoral Divisions or Districts, and the assent shall not be given to such Bill unless an address has been pre- sented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed. 3.— ONTARIO AND QUEBEC. 81. First Session of Legislatures. — The Legisla- tures of Ontario and Quebec respectively shall be called together not later than six months after the Union. 82 Summoning of Legislative Assemblies. — The Lieutenant-Governor of Ontario and of Quebec shall from time to time, in the Queen's name, by instrument under the Great Seal of the Province, summon and call together the Legislative Assembly of the Province. 83. Restriction on election of holders of oflices. — Until the Legislature of Ontario or of Quebec otherwise provides, a person accepting or holding in Ontario or in Quebec any Office, commission, or employment perma- nent or temporary, at the Nomination of the Lieutenant Governor, to which an annual salary, or any fee, allowance, emolument, or profit of any kind or amount whatever from the Province is attached, shall not be eligible as a member of the Legislative Assembly of the respective Province, nor shall he sit or vote as such ; but nothing in this Section shall make ineligible any person being a member of the Executive TO BRITISH NORTH AMERICA ACT, 1867. i Council of the respective Province, or holding any of the following offices, that is to say, the offices of Attorney-General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding such office. 84. Continuance of existing election J^slmvs. — Until the Legislatures of Ontario and Quebec respectively otherwise provide, all laws which at the Union are in force in those Provinces respectively, relative to the following matters, or any of them, namely, — the qualifications and, disqualifications of persons to be elected or to sit or vote as members of the Assembly of Canada, the qualifications or disqualifications of voters, the oaths to be taken by voters, the returning officers, their powers and duties, the proceed- ings at elections, the periods during which such elections may be continued, and the trial of controverted elections and the proceedings incident thereto, the vacating of the seats of members, and the issuing and execution of new writs in case of seats vacated otherwise than by dissolution, shall respectively apply to elections of members to serve in the respective Legislative Assemblies of Ontario and Que- bec. Provided that until the Legislature of Ontario otherwise provides, at any election for a member of the Legislative Assembly of Ontario for the District of Algoma, in addition to persons qualified by the law of the Province of Canada to vote, every male British subject, aged twenty-one years or upwards, being a householder, shall have a vote. 85. Duration of Legislative Assemblies. — Every Legislative Assembly of Ontario and every Legislative Assembly of Quebec shall continue for four years from the day of the return of the writs for choosing the same (subject nevertheless to either the Legislative Assembly of Ontario or the Legislative Assembly of Quebec being sooner dis- solved by the Lieutenant-Governor of the Province), and no longer. 86. Yearly Session of Legislature. — There shall be a session of the Legislature of Ontario and of that of BRITISH NORTH AMERICA ACT, 1867. n Quebec once at least in every year, so that twelve months shall not intervene between the last sitting of the Legislature in each Province in one session and its f t sitting in the next session. 87. Speaker, quorum, &c. — The following provi- sions of this Act respecting the House of Commons of Canada shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say, — the provisions relating to the election of a Speaker, originally and on vacancies, the duties of the Speaker, the absence of the Speaker, the quo- rum, and the mode of voting, as if those provisions were here re-enacted and made applicable in terms to each such Legis- lative Assembly. 4. —NOVA SCOTIA AND NEW BRUNSWICK. 88. Constitutions of Legislatures of Nova Scotia and New Brunswick. — The Constitution of the Legislature of each of the Provinces of Nova Scotia and New Brunswick shall, subject to the provisions of this Act, continue as it exists at theUnion until altered under the authority of this Act ; and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless sooner dissolved, continue for the period for which it was elected. 5.— ONTARIO, QUEBEC AND NOVA SCOTIA. 89. First elections. — Each of the Lieutenant Gover- nors of Ontario, Quebec, and Nova Scotia shall cause writs to be issued for the first election of Members of the Legis- lative Assembly thereof in such form and by such person as he thinks fit, and at such time and addressed to such returning officer as the Governor General directs, and so that the first election of Member of Assembly for any Electoral District or any subdivision thereof shall be held at the same time and at the same places as the election for a Member to serve in the House of Commons of Canada for that Electoral Dis- trict. 6.— THE FOUR PROVINCES. 90. Application to Legislatures of provisions respecting money votes, &c. — The following pro- 5 £ 72 BRITISH NORTH AMERICA ACT, 1867. visions of this Act respecting the Parliament of Canada, namely, — the provisions relating to appropriation and tax bills, the recommendation of money votes, the assent to bills, the disallowance of Acts, and the signification of pleasure on bills reserved , — shall extend and apply to the Legislatures of the several Provinces as if those provisions were here re- enacted and made applicable in terms to the respective Pro- vinces and the Legislatures thereof, with the substitution of the Lieutenant-Governor of the Province for the Governor General, of the Governor General for the Queen and for a Secretary of State, of one year for two years, and of the Province for Canada. VL— DISTRIBUTION OF LEGISLATIVE POWERS. Powers of the Parliament, 91. Legislative Authority of Parliament of Canada. — It shall be lawful for the Queen, by and with the advice and consent of the Senate and House of Com- mons, to make laws for the peace, order, and good goverti- ment of Canada, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces ; and for greater certainty, but not so as to restrict the generality of the foregoing terms of this section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative authority of the Parliament of Canada extends to all matters coMing within the classes of subjects next hereinafter enumerated ; that is to say : 1. The public debt and property. 2. The regulation of trade and commerce. 3. The raising of money by any mode or system of taxation. 4. The borroM'ing of money on the public credit. 5. Postal service. 6. The census and statistics. 7. Militia, military and naval service, and defence. 8. The fixing of and providing for the salaries and allow- ances of civil and other officers of the Government of Canada. 9. Beacons, buoys, lighthouses, a^d Sable Island. 11 I BRITISH NORTH AMERICA ACT, 1867. ;.f8 10 Navigation and shipping. • 11. Quarantine, and the establishment and maintenance of marine hospitals, 12. Sea coast and inland fisheries. 13. Ferries between a Province and any British or Foreign country or between two provinces. 14. Currency and coinage. 15. Banking, incorporation of banks, and the issue of paper money. 16. Savings banks. 1 7. Weights and measures. 18. Bills of exchange and promissory notes. 19. Interest. 20. Legal tender. 21. Bankruptcy and insolvency. 22. Patents of invention and discovery. 23. Copyrights. 24. Indians, and lands reserved for the Indians. 25. Naturalization and aliens. 26. Marriage and divorce. 27. The Criminal Law, except the constitution of Courts of Criminal Jurisdiction, but including the pro- cedure in criminal matters. 28. The establishment, maintenance, and management of penitentiaries. 29. Such classes of subjects as are expressly excepted in the enumeration of the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces. And any matter coming within any of the classes of subjects enumerated in this section shall not be deemed to come within the class of matters of a local or private nature com- prised in the enumeration of the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces. Exclusive Poivers of Provincial Legislatures. 92. Subjects of Exclusive Provincial Legis- lation. — In each Province the Legislature may exclusively make laws in relation to matters coming within the classes of subjects next hereinafter enumerated, that is to say : — 74 BRITISH NORTH AMKRICA ACT, 1867. 1. The amendment from time to time, notwithstanding anything in this Act, of the constitution of the Province, except as regards the office of Lieutenant Governor. 2. Direct taxation within the Province in order to the raising of a Revenue for Provincial purposes. 3. 'he borrowing of money on the sole credit of the Province. 4. The establishment and tenure of provincial offices and the appoinunent and payment of provincial officers. 5. The managennnt and sale of the public lands belong- ing to the Piovince, and of the timber and wood thereon. 6. The establishment, maintenance and management of public and reformatory prisons in and for the Pro- vince. 7. The establishment, maintenance, and management of hospitals, asylums, charities, and eleemosynary institutions in and for the Province, other than marine hospitals. 8. Municipal institutions in the Province. 9. Shop, saloon, tavern, auctioneer, and other licenses in order to the raising of a revenue for provincial, local, or municipal purposes. 10. Local works and undertakings, other than such as are of the following Classes, — a. Lines of steam or other ships, railways, canals, tele- graphs, and other works and undertakings connect- ing the Province with any other or others of the Provinces, or extending beyond the limits of the Province. d. Lines of steam ships between the Province and any British or Foreign Country : c. Such works as, although wholly situate within the Province, are before or after their execution de- clared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the Provinces. 11. The incorporation of companies with Provincial objects. 12. The solemnization of marriage in the Province. 13. Property and civil rights in the Province. I »^ ...» BRITISH NORTH AMERICA ACT, 1867. 75 " 14. The administration of justice in the Province, in- cluding the constitution, maintenance, and organi- zation of Provincial Courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those Courts. 15. The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the Province made in relation to any matter coming within any of the classes of subjects enumerated in this section. 16. Generally all matters of a merely local or private nature in the Province. Educatton. 93. Legislation respecting education. — In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following provisions : — (l.) Nothing in any such law shall prejudicially affect any right or privilege with respect to denomina- tional schools which any class of persons have by law in the Province at the union. (2.) All the powers, privileges, and duties at the union by law conferred and imposed in Upper Canada on the separate schools and school trustees of the Queen's Roman Catholic subjects, shall be and the same are hereby extended to the dissentient schools of the Queen's Protestant and Roman Catholic subjects in Quebec. (3.) Where in any Province a system of separate or dis- sentient schools exists by law at the Union or is thereafter established by the Legislature of the Province, an appeal shall lie to the Governor- General in Council from any ?-ct or decision of any Provincial authority affecting any right or privilege of the Protestant or Roman Catholic minority of the Queen's subjects in relation to education. (4,) In case any such Provincial law as from time to time seems to the Governor-General in Council requisite for the due execution of the provisions of this section is not made, or in case any decision of the Governor- General in Council on any appeal ■■•■ 76 BRITISH NORTH AMERICA ACT, 1867. under this section is not duly executed by the proper provincial authority in that behalf, then and in every such case, and as far only as the circum- stances of each case require, the Parliament of Canada may make remedial laws for the due execution of the provisions of this section and of any decision of the Governor-General in Council under this section. Uniformity of Laws in Ontario^ Nova Scotia^ and New Brunswick. 94. Legislation for uniformity of laws in three Provinces. — Notwithstanding anything in this Act, the Parliament of Canada may make provision for the uniformity of all or any of the laws relative to property and civil rights in Ontario, Nova Scotia and New Brunswick, and of the procedure of all or any of the courts in those three Provinces, and from and after the passing of any Act in that behalf the power of the Parliament of Canada to make laws in relation to any matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted ; but any Act of the Parliament of Canada making provision for such uniformity shall not have effect in any Province unless and until it is adopted and enacted as law by the Legislature thereof. Agriculture and Immigration. 95. Concurrent powers of legislation respect- ing agriculture, Ac. — In each Province the Legislature may make laws in relation to agriculture in the Province, and to immigration into the Province; and it is hereby declared that the Parliament of Canada may from time to time make laws in relation to agriculture in all or any of the Provinces, and to immigration into all or any of the Provinces ; and any law of the Legislature of a Province relative to agriculture or to immigration shall have effect in and for the Province as long and as far only as it is not re- pugnant to any Act of the Parliament of Canada. j' (. -> BRITISH NORTH AMERICA ACT, 1867. 77 <<» VII.— JUDICATURE. 96. Appointment of Judges. — The Governor- General shall appoint the Judges of the Superior, District and County Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick. 97. Selection of Judges in Ontario, &c.— Until the laws relative to property and civil rights in Ontario, Nova Scotia and New Brunswick, and the procedure of the Courts ill those Provinces, are made uniform, the Judges of the Courts of those Provinces appointed by the Governor- General shall be selected from the respective Bars of those Provinces. 98. Selection of Judges in Quebec— The Judges of the Courts of Quebec, shall be selected from the Bar of that Province. 99. Tenure of office of Judges of Superior Courts. — The Judges of the Superior Courts shall hold office during good behaviour, but shall be removable by the Governor-General on address of the Senate and House of Commons. 100. Salaries, &c., of Judges. — The salaries, allowances, and pensions of the Judges of the Superior, District and County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in cases where the Judges thereof are for the time being paid by salary, shall be fixed and provided by the Parliament of Canada. 101. General Court of Appeal, &c.— The Parlia- ment of Canada may, notwithstanding anything in this Act, from time to time, provide for the constitution, maintenance, and organization of a General Court of Appeal for Canada, and for the establishment of any additional Courts for the better administration of the laws of Canada. VIII.— REVENUES ; DEBTS ; ASSETS ; TAXATION. 102. Creation of consolidated revenue fund. -All duties and revenues over which the respective Legis- 78 BRITISH NORTH AMERICA ACT, 1867. I latures of Canada, Nova Scotia, and New Brunswick before and at the Union had and have power of appropriation, except such portions thereof as are by this Act reserved to the respective Legislatures of the Provinces, or are raised by them in accordance with the special powers conferred on them by this Act, shall form one Consolidated Revenue Fund, to be appropriated for the public service of Canada in the manner and subject to the charges in this Act provided, 103. Expenses of collection, &c. — The Consoli- dated R^ .enue Fund of Canada shall be permanently charged with the costs, charges and expenses incident to the collection, management, and receipt thereof, and the same shall form the first charge thereon, subject to be reviewed and audited in such manner as shall be ordered by the Governor-General in Council until the Parliament otherwise provides. 104. Interest of Provincial public debts.— The annual interest of the public debts of the several Provinces of Canada, Nova Scotia and New Brunswick at the Union shall form the second charge on the Consolidated Revenue Fund of Canada. 105. Salary of Governor-General. — Unless al- tered by the Parliament of Canada, the salary of the Gover- nor-General shall be ten thousand pounds sterling money of the United Kingdom of Great Britain and Ireland, payable out of the Consolidated Revenue Fund of Canat'i, and the same shall form the third charge thereon. 106. Appropriation from time to time. — Sub- ject to the several payments by this Act charged on the Consolidated Revenue Fund of Canada, the same shall be appropriated by the Parliament of Canada for the public service. 107. Transfer of stocks, &c. — All stocks, cash, bankers' balances, and securities for money belonging to each Province at the time of the Union, except as in this Act mentioned, shall be the property of Canada, and shall be taken in reduction of the amount of the respective debts of the Provinces at the Union. /?* if^ iwffs^ mUllSII N(.»RTIl AMKRICA AC I, 1867. 79 <^|^ («» 108. Transfer of property in schedule. — TIh public works ami properly of each Province enumerated io the third schedule to this Act, shall be the property of Can- ada. 109. Property in lands, mines, &c.— All lands, mines, minerals, and royalties belonging to the severed Provinces of Canada, Nova sScotia, and New Brunswick at the Union, and all sums then due or payable for such lands, mines, minerals, or royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any trusts existing in respect thereof, and to any interest other than that of the Province in the same. 110. Assets connected with Provincial debts. — All assets connected with such portions of the public debt of each Province as are assumed by that Province shall belong to that Province. 111. Canada to be liable for Provincial debts. — Canada shall be liable for the debts and liabilities of each Province existing at the Union. 112. Debts of Ontario and Quebec. — Ontario and Quebec conjointly shall be liable to Canada for the amount (if any) by which the debt of the Province of Canada exceeds at the Union Sixty-two million five hundred thou- sand dollars, and shall be charged with Interest at the rate of five per centum per annum thereon. 113. Assets of Ontario and Quebec. — The assets enumerated in the fourth schedule to this Act, belonging at the Union to the Province of Canada, shall be the pro- perty of Ontario and Quebec conjointly. 114. Debt of Nova Scotia. — Nova Scotia shall be liable to Canada for the amount (if any) by which its public debt exceeds at the Union eight million dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 115. Debt of New Brunswick. — New Brunswick shall be liable to Canada for the amount (if any) by which its public debt exceeds at the Union seven million dollars, and shall be charged with interest at the rate of five per centum per annum thereon. 80 BRITISH NORTII AMERICA ACT, 1867. 116. Payment of interest to Nova Scotia and New Brunswick. — In case the public debts cf Nova Scotia and New Brunswick do not at the Union amount to eight million and seven million dollars respectively, they shall respectively receive, by half-yearly payments in advance from the Government of Canada, interest at five per centum jjer annum on the difference between the actual amounts of their respective debts an^ such stipulated amounts. 117. Provincial public property. — Ths several Provinces shall retain all their respective public property not otherwise disposed of in this Act, subject to the right of Canada to assume any lands or public property required for fortifications or for the defence of the country. 118. Grants to Provinces. — The following sums shall be paid yearly by Canada to the several Provinces for the support of their Governments and Legislatures : Dollars. Ontario Eighty thousand. Quebec Seventy thousand. Nova Scotia Sixty thousand. New Brunswick Fifty thousand. Two hundred and sixty thousand and an annual grant in aid of each Province shall be made, equal to eighty cents per head of the population as ascer- tained by the census of one thousand eight hundred and sixty-one, and in the case of Nova Scotia and New Bruns- wick, by each subsequent decennial census until the popula- tion of each of those two Provinces amounts to four hundred thousand souls, at which rate such grant shall thereafter remain. Such grants shall be in full settlement of all future ova Scotia, and New Brunswick respect- ively, as if the Union had not been made ; subject neverthe- less (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland), to be repealed, abolished, or altered by the Parlia- ment of Canada, or by the Legislature of the respective Pro- vince, according to the authority of the Parliament or of that Legislature under this Act. 130. Transfer of officers to Canada. — Until the Parliament of Canada otherwise provides, all officers of the several Provinces having duties to discharge in relation to matters other than those coming within the classes of sub- jects by this Act assigned exclusively to the Legislatures of the Provinces, shall be officers of Canada, and shall continue to discharge the duties of their respective offices, under the same liabilities, responsibilities and penalties, as if the Union had not been made. 131. Appointment of new ofUcers. — Urrtil the Parliament of Canada otherwise provides, the Governor- (ieneral in Council may from time to time appoint such officers as the Governor-General in Council deems necessary or proper for the effectual execution of this Act. 132. Treaty obligations. — The Parliament and Government of (_ anada shall have all powers necessary or proper for perforn ing the obligations of Canada or of any Province thereof, as part of the British Empire, towards foreign countries, arising under treaties between the Empire and such foreign countries. 133. Use of English and French Languages. — Either the English or the P'rench language may be used by any person in the debates of the Houses of the Parlia- ment of Canada and of the Houses of the Legislature of mmmmmmm 84 BRITISH NORTH AMERICA ACT, 1867. Quebec ; and both those languages shall be used in the re- spective Records and Journals of those Houses; and either of those languages may be used by. any person or in any pleading or process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec. The Acts of the Parliament of Canada and of the Legisla- ture of Quebec shall be printed and published in both those languages. Ontario and Quebec. 134. Appointment of executive officers for Ontario and Quebec. — Until the Legislature of Ontario or of Quebec otherwise provides, the Lieutenant-Governors of Ontario and Quebec may each appoint, under the great seal of the Province, the following officers, to hold office during pleasure, that is to say, — the Attorney-General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, and, in the case of Quebec, the Solicitor-General ; and may, by order of the Lieutenant-Governor in Council, from time to time prescribe the duties of those officers and of the several Departments over which they shall preside or to which they shall belong, and of the officers and clerks thereof; and may also appoint other and additional officers to hold office during pleasure, and may from time to time prescribe the duties of those officers, and of the several Departments over which they shall preside or to which they shall belong, and of the officers and clerks thereof. 135. Powers, duties, &c., of executive ofiicers. — Until the Legislature of Ontario or Quebec otherwise provides, all rights, powers, duties, functions, responsi- bilities, or authorities at the passing of this Act vested in or imposed on the Attorney-General, Solicitor-General, Secretary and Registrar of the Province of Canada, Minister of Finance, Commissioner of Crown L'^nds, Commissioner of Public Works, and Minister of Agriculture and Receiver- General, by any law, statute, or ordinance of Upper Canada, I^wer Canada, or Canada, and not repugnant to this Act, shall be vested in or imposed on any officer to be appointed ^|h BRITISH NORTH AMERICA ACT, 1867. 85 ^ik by the Lieutenant-Governor for the discharge of the same or any of them ; and the Commissioner of Agriculture and Public Works shall perform the duties and functions of the office of Minister of Agriculture at the passing of this Act imposed by the law of the Province of Canada, as well as those of the Commissioner of Public Works. 136. Great Seals. — Until altered by the Lieutenant- Governor in Council, the great seals of Ontario and Quebec respectively shall be the same, or of the same design, as those used in the Provinces of Upper Canada and Lower Canada respectively before their Union as the Province of Canada. 137. Construction of temporary Acts.— The words ** and from thence to the end of the then next ensuing session of the Legislature," or words to the same effect, used in any temporary i^ct of the Province of Canada not expired before the Union, shall be construed to extend and apply to the next session of the Parliament of Canada, if the subject matter of the Act is within the powers of the same, as defined by this Act, or to the next sessions of the Legislatures of Ontario and Quebec respectively, if the sub- ject matter of the Act is within the powers of the same as defined by this Act. 138. As to errors in names. — From and after the Union the use of the words '* Upper Canada " instead of "Ontario," or "Lower Canada" instead of "Quebec," in any deed, writ, process, pleading, document, matter, or thing, shall not invalidate the same. 139. As to issue of Proclamations before Union, to commence after Union.— Any proclama- tion under the great seal of the Province of Canada issued before the Union to take effect at the time which is sub- sequent to the Union, whether relating to that Province, or to Upper Canada, or to Lower Canada, and the several matters and things therein proclaimed shall be and continue of like force and effect as if the Union had not been made. 140. As to issue of Proclamations after Union. — Any Proclamation which is authorized by any Actof the Legislature of the Province of Canada to It- ■HI 86 BKITISll NORTH AMKRICA ACT, 1867. issued under the great seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Cannula, and which is not issued before the Union, may be issued by the Lieutenant-Governor of Ontario or of (^)iiel)ec, as its subject matter requires, under the great seal thereof; and from and after the issue of such proclamation, the same and the several matters and things therein pro- claimed, shall be and continue of the like force and effect in Ontario or (Quebec as if the Lhiion had not been made. 141. Penitentiary. — The penitentiary of the Pro- vince of Canada shall, until the Parliament of Canada other- wise provides, be and :ontinue the penitentiary of Ontario and of (Quebec. 142. Arbitration respecting debts, &c. — The division and adjustment of the debts, credits, liabilities, properties, and assets of Upper Canada and Lower Canada shall be referred to the arbitrament of three arbitrators, one chosen by the Government of Ontario, one by the Govern- ment of Quebec, and one by the Government of Canada ; and the selection of the arbitrators shall not be made until the Parliament of Canada and the Legislatures of Ontario and Quebec have met ; and the arbitrator chosen by the Government of Canada shall not be a resident either in Ontario or in Quebec. 143. Division of records. — The Governor-General in Council may fiom time to dme order that such and so many of the records, books, and documents of the Province of Canada as he thinks fit shall be appropriated and de- livered either to Ontario or to Quebec, and the same shall thenceforth be the property of that Province ; and any copy thereof or extract therefrom, duly certified by the officer having charge of the original thereof, shall be admitted as evidence. 144. Constitution of townships in Quebec. — The Lieutenant-Governor of Quebec may from time to time, by proclamation under the great seal of the Province, to take effect from a day to be appointed therein, constitute Townships in those parts of the Province of Quebec in which Townships are not then already constituted, and fix the metes and i)ounds thereof. IJKITl.sll Nokin AMI.RICA ACl , 1867 1^ ^'■iJ* X.— INTERCOLONIAL RAILWAY. 145. Duty of Government and Parliament of Canada to make Railway herein described. — Inasmuch as the Provinces of Canada, Nova Scotia and New Brunswick have joined in a declaration that the con* struction of the Intercolonial Railway is essential to the con- solidation of the Union of British North America, and to the assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that provision should be made for its immediate construction by the Government of Canada : Therefore, in order to give effect to that agree- ment, it shall be the duty of the Government and Parliament of Canada to provide for the commencement, within six months after the Union, of a railway connecting the River St. Lawrence with the City of Halifax in Nova Scotia, and for the construction thereof without intermission, and the completion thereof with all practicable speed. XL— ADMISSION OF OTHER COLONIES. 146. Power to admit New^foundland, &c., into the Union. — It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable i'rivy Council, on addresses from the houses of the Parlia- ment of Canada, and from the houses of the respective Legislatures of the Colonies or Provinces of Newfoundland, IMnce Edward Island and British Columbia, to admit those colonies or provinces, or any of them, into the Union, and on address irom the Houses of the Parliament ol Canada to admit Rupert's Land and the North-western territorj', or cither of them into the Union, on such terms and conditions in each case as are in the addresses expressed am! as the (^ueen thinks fit to approve, subject to the provisions of this Act ; and the provisions of any order in council in that be- half shall have effect as if they had been enacted by the Parliament of the united kingdom of Great Britain and Ireland. 147. As to Representation of Newfoundland and Prince Edw^ard Island in Senate.— In case of the admission of Newfoundland and Prince Edward Island, 6 F US HRITISH iNoRTll AMKKICA ACT, 1867. or either of them, each shall be entitled to a representation in the Senate of Canada of four members, and (notwithstand- ing anything in this Act) in case of the admission of Newfoundland the normal number of Senators shall be seventy-six and their maximum number shall be eighty-two ; but Prince Edward Island when admitted shall be deemed to be comprised in the third of the three divisions into which Canada is, in relation to the Constitution of the Sen- ate, divided by this Act, and accordingly, after the admis- sion of Prince Edward Island, whether Newfoundland is admitted or not, the representation of Nova Scotia and New Brunswick in the Senate shall, as vacancies occur, be reduced from twelve to ten members respectively, and the representation of each of those Provinces shall not be in- creased at any time beyond ten, except under the provisions of this Act for the appointment of three or six additional Senators under the direction of the Queen. f f n^ HRI'IISH NORTH AMERICA ACT, 1867. 86 SOHEEDXJLES i THE FIRST SCHEDULE. ELECTORAL DISTRICTS OF ONTARIO. A. KX1ST1N(; KLECTORAL DIVISIONS. Counties. 1. Prescott. 6. Carleton. 2. Glengarry. 7. Prince Edward. 3. Stonnont. 8. Halton. 4. Diindas. 9. Essex. 5. Russell. Ridings of Counties. 10. North Riding of Lanark. 11. South Riding of Lanark. 12. North Riding of Leeds and North Riding of Grenville. 13. South Riding of Leeds. 14. South Riding of Grenville. 1 5. East Riding of Northumberland. 16. West Riding of Northumberland (excepting therefrom the Township of South Monaghan). 17. East Riding of Durham. 18. West Riding of Durham, 19. North Riding of Ontario. 20. South Riding of Ontario. 21. East Riding of York. 22. West Riding of York, BRITISH NORTH AMKKICA ACT, 1867. North Riding of York. North Riding of Wentworth. South Riding of Wentworth. East Riding of Elgin. West Riding of Elgin. 28. North Riding of Waterloo. 29. South Riding of Waterloo. North Riding of Brant. South Riding of Brant. North Riding of Oxford. South Riding of Oxford. East Riding of Middlesex. 23- 24- 25. 26. 27 30 31 32 33 34 Cities, Parts of Cities, and Towns. 35. West Toronto. 36. East Toronto. 37. Hamilton. 38. Ottawa. 39. Kingston. 40. London. 41. Town of Brockville, with the Township of Elizabelli- town thereto attached. 42. Town of Niagara, with the Township of Niagara thereto attached. 43. Town of Cornwall, with the township of Cornwall thereto attached. B. New Electoral Divisions. 44. The Provisional Judicial District of Algoma. The County of Bruce, divided into two Ridings, to be called respectively the North and South Ridings : 45. The North Riding of Bruce to consist of the Town- ships of Bury, Lindsay, Eastnor, Albermarle, Amabel, Arran, Bruce, Elderslie, and Saugeen. and the Village of Southampton. 46 The South Riding of Bruce to consist of the Town- ships of Kincardine (including the village of Kin- BRITISH NORTH AMKRICA ACT, 1867. m 49 50 cardine), Greenock, lirant, Huron, Kinloss, C'ul- ross, and Carrick. The County of Huron, divided into two Ridings, to be called respectively the North and South Ridings : 47. The North Riding to consist of the Townships of Ashfield, Wawanosh, Turnberry, Howick, Morris, Grey, Colborne, Hullett (including the Village of Clinton), and McKillop. 48. The South Riding to consist of the Town of Goderich and the Townships of Goderich, Tuckersmith, Stanley, Hay, Usborne, and Stephen. The County of Middlesex, divided into three Rid- ings, to be called respectively the North, West, and East Ridings : The North Riding to consist of the Townships of McGillivray and Biddulph (taken from the County of Huron), and Williams East, Williams West, Adelaide, and Lobo. The West Riding to consist of the Townships of Delaware, Carradoc, Metcalfe, Mosa, and Ekfrid, and the Village of Strathroy. [The East Riding to consist of the Townships now embraced therein, and be bounded as it is at pre- sent]. 51. The County of Lambton to consist of the Townships of Bosanquet, Warwick, Plympton, Sarnia, Moore, Enniskillen, and Brooke, and the Town of Sarnia. 52. The County of Kent to consist of the Townships of Chatham, Dover, East Tilbury, Romney, Raleigh, and Harwich, and the Town of Chatham. 53. The County of Bothwell to consist of the Town- ships of Sombra, Dawn, and Euphemia (taken from the County of Lambton), and the Townships of Zone, Camden, with the CJore thereof, Orford, and Howard (taken from the County of Kent). The County of Grey, divided into two Ridings, to be called respectively the South and North Ridings : 54. The South Riding to consist of the Townships of Bentick, Glenelg, Artemesia, Osprey, Normanby, Egremont, Proton, and Melancthon. ^ ^ ^ ^^^^-< ^.v^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 1^^128 125 1^ BU 12.2 I!; m 2.0 ^1^ Photographic Sciences Corporation 23 WIST MAIN STRilT WtBSTiR.N.Y. 14SS0 (7l6)t73-4S03 ^>^ '4f!^ '^1^ V ^ I BRITISH NORTH AMKRICA ACT, 1867. 55. The North Riding to consist of the Townships of Collingwood, Euphrasia, Holland, Saint Vincent, Sydenham, Sullivan, Derby and Keppel, Sarawak and Brooke, and the Town of Owen Sound. The County of Perth, divided into two Ridings, to be called respectively the South and North Ridings : 56. The North Riding to consist of the Townships of Wallace, Elma, Logan, Ellice, Mornington, and North Easthope, and the Town of Stratford. 57. The South Riding to consist of the Townships of Blanchard, Downie, South Easthope, Fullarton, Hibbert, and the Villages of Mitchell and St. Marys. The County of Wellington, divided into three Ridings, to be called respectively North, South, and Centre Ridings : 58. The North Riding to consist of the Townships of Amaranth, Arthur, Luther, Minto, Maryborough, Peel, and the Village of Mount Forest. 59. The Centre Riding to consist of the Townships of Gar- rafraxa, Erin, Eramosa, Nichol, and Pilkington, and the Villages of Fergus and Elora. 60. The South Riding to consist of the Town of Guelph, and the Townships of Guelph and Puslinch. The County of Norfolk, divided into two Ridings, to be called respectively the South and North Ridings : 61. The South Riding to consist of the Townships of Charlotteville, Houghton, Walsingham, and Wood- house, and with the Gore thereof. 62. The North Riding to consist of the Townships of Middleton, Townsend, and Windham, and the Town of Simcoe. 63. The County of Haldimand to consist of the Town- ships of Oneida, Seneca, Cayuga North, Cajruga South, Rainham, Walpole, and Dunn. 64. The County of Monck to consist of the Townships of Canborough and Moulton, and Sherbrooke, and the Village of Dunville (taken from the County of 1 KKITISH NCRTII AMKRICA ACT, 1 867. Haldimand), the Townships of Caistor, and Gains* l)orough (taken from the County of Lincoln), and the Townships of Pelham and Wainfleet (taken from the County of Welland). 65. The County of Lincoln to consist of the Townships of Clinton, Grantham, Grimsby and Louth, and the Town of St. Catharines. 6'. The County of Weli.and to consist of the Townshii)s of Bertie, Crowland, Humberstone, Stamford, Thorold, and Willoughby, and the Villages of Chippewa, Clifton, Fort Erie, Thorold, and Wel- land. 67. The County of Peel to consist of the Townships of Chinguacousy, Toronto, and the Gore of Toronto, and the Villages of Brampton and Streetsville. 68. The County of Carowell to consist of the Town- ships of Albion and Caledon (taken from the County of Peel), and the Townships of Adjala and Mono (taken from the County of Simcoe). The County of Simcoe, divided into two Ridings, to be called respectively the vSouth and the North Ridings : 69. The South Riding to consist of the Townships of West Gwillimbury, Tecumseth, Innishl, Essa, Tos- sorontio, Mulmur, and the Village of Bradford. 70. The North Riding to consist of the Townships of Not* tawasaga, Sunnidale, Vespra, Flos, Oro, Medonte» Orillia and Matchedash, Tiny and Tay, Balakla\a and Robinson, and the Towns of Barric and Col- lingwood. The County of Victoria, divided into two Ridings, to be called respectively the South and North Rid- ings : 71. The South Riding to consist of the Townships of Ops, Mari|)osa, Emily, Verulam, and the Town of Lindsay. 72. The North Riding to consist of the Townships of Anson, Bexley, Garden, Dalton, Digby, Eldon, Fenelon, Hindon, Laxton, Lutterworth, Macaulay and Draper, Sommerville and Morrison, Muskoka, Monck and Watt (taken from the County of Sim- coe), and any other surveyed Townships lying to the North of the said North Riding. 94 BRITISH NORTH AMERICA ACT, 1867. The County of Peter Be ^Rour.ii, divided into two Ridings, to be called respectively the West and East Ridings : 73. The West Riding to consist of the Townships of South Monaghan (taken from the County of North- umberland), North Monaghan, Smith, and Ennis- more, and the Town of Peterborough. 74. The East Riding to consist of the Townships of Asphodel, Belmont and Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhope, and Dysart, Otonabee and Snowden, and the Village of Ash- burnham, and any other surveyed Townships lying to the North of the said East Riding. The County of Hastings, divided into three Ridings, to be called respectively the West, East, and North Ridings : 75. The West Riding to consist of the Town of Belleville, the Township of Sydney, and the Village of Trenton. 76. The East Riding to consist of the Townships of Thurlow, Tyendinaga, and Hungerford, 77. The North Riding to consist of the Townships of Rawdon, Huntingdon, Madoc, Elzevir, Tudor, Marmora, and Lake, and the Village of Stirling, and any other surveyed Townships lying to the North of the said North Riding. 78. The County of Lennox to consist of the Townships of Richmond, Adolphustown, North Fredericks burg. South Fredericksburg, Earnest- town and Amherst Island, and the Village of Napanee. 79. The County of Addington to consist of the Town- ships of Camden, Portland, Sheffield, Hinchin- brooke, Kaladar, Kennebec, Olden, Oso, Angle- sea, Barrie, Clarendon, PaJmerston, Effingham, Abinger, Miller, Canonto, Denbigh, Loughborough, and Bedford. 80. The County of Frontenac to consist of the Town- ships of Kingston, Wolfe Island, Pittsburgh, and Howe Island, and Storrington. ^ A HRITISH NORTH AMERICA ACT, 1 867. y» The County of Renfrew, divided into two Ridings, to be called respectively the South and Noilh Ridings : 81. The South Riding to consist of the Townships of McNab, Bagot, Blithfield, Brougham, Horton, Admaston, Grattan, Matawatchan, Griffith, Lyn- doch, Raglan, Radcliffe, Brudenell, Sebastopol, and the Villages of Arnprior and Renfrew. 82. The North Riding to consist of the Townships of Ross, Bromley, Westmeath, Stafford, Pembroke, Wilberforce, Alice, Petawawa, Buchanan, South Algona, North Algona, Fraser, McKay, Wylic, Rolph, Head, Maria, Clara, Haggerty, Sherwood, Bums, and Richards, and any other surveyed Townships lying North-westerly of the said Nv-rth Riding. Every Town and incorporated Village existing at the Union, not specially mentioned in this Schedule, is to be taken as part of the County or Riding within which it is locally situate. THE SECOND SCHEDULE. ELECTORAL DISTRICTS OF QUEBEC SPECIALLY FIXED. Counties of — Pontiac. Ottawa. Aigenteuil. Huntingdon. Missisquoi. Brome. Shefford. Ptanstead. Compton. Wolfe and Richmond. Megantic. Town of Shcrbrooke. f>« BRITISH NORTH AMKRICA ACT, 1867. THE THIRD SCHEDULE. J'HOVINCIAL PUBLIC WORKS AND PROPERTY TO BE TIIK PROPERTY OF CANADA. 1. Canals, with Lands and Water Power connected therewith. 2. Public Harbours. 3. Lighthouses and Piers, and Sable Island. 4. Steamboats, Dredges, and Public Vessels. 5. Rivers and Lake Improvements. 6. Railways and Railway Stocks, Mortgages, and other Debts due by Railway Companies. 7. Military Roads. 8. Custom Houses, Post Offices, and all other Public Buildings, except such as the Government of Can- ada appropriate for the us- of the Provincial legis- latures and Govemmenti.. 9. Property transferred by the Imperial Government, and known as Ordnance Property. 10. Armouries, Drill Sheds, Military Clothing, and Mu- nitions of War, and Lands set apart for general Public Purposes. ' THE FOURTH SCHEDULE. ASSETS TO BE THE PROPERTY OF ONTARIO AND QUEBEC CONJOINTLY. ' Upper Canada Building Fund. Lunatic Asylums. Normal School. Court Houses in Aylmer, Montreal, Kamouraska. Lower Canada. BRITISH NORTH AMKRICA ACT, 1867. 9: ' I ^w Society, Upper Canada. Montreal Turnpike Trust. University Permanent Fund. Royal Institution. Consolidated Municipal I^an Fund, Upi^er Canada. Consolidated Municipal I^an B'und, Lower Canada. Agricultural Society, Upper Canada. Flower Canada Legislative Grant. (Quebec Fire Loan. Temiscouata Advance Account. ( )uebec Turnpike Trust. I'Mucation, East. 'building and Jury Fund, Lower Canada. Municipalities Fund. I A)wer Canada Superior Education Income Fund. THE FIFTH SCHEDULE. OATH OK AU.EGIANCK. I, A, B.y do swear. That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria. I Note.— The name of the Kine: or Queen of the United Kingdom (if (Ireat Britain and Ireland for the time being is to be substituted from lime to time, with proper Terms of Reference thereto). DECLARATION OF QUALIFICATION. I, A. B.y do declare and testify, That I am by law duly •lualified to be appointed a Member of the Senate of Can-, ada [or as the case may be\ and that I am legally or equitably seized as of freehold for my own use and benefit of lands or tenements held in free and common socage \pr seized or pos- sessed for my own use and benefit of lands or tenements held in franc-alleu or in roture [as the case may he)^\ in the Pro- n HRITISII NORTH AMKKICA ACT, 1867. vince of Nova Scotia [or as the case may be\ of the value of four thousand dollars over and above all rents, dues, debts, mortgages, chaises, and incumbrances, due or payable out <»f or charged on or affecting the same, and that I have not tollusively or coiourably obtained a title to or become pos- sessed of the said lands and tenements, or any part thereof, for the purpose of enabling me to become a Member of the .Senate of Canada \pr as the case may be"], and that my real 4'iiul personal property are together worth four thousand dol- lars over and above my debts and liabilities. MS. MAM'SCRIPT NOTK.ii. U9 I 100 MANrSCRll'T NOTES. MS. BRITISH NORTH AMERICA ACT. 1871- h I 102 MANUSCRIPT NOTI'IS. MS. 34-35 VICTORIA. — eoo- CHAP. XXVIII. -609- -^ILT ^O T RESPECTING THE ESTABLISHMENT OP PROVINCES IN THE DOMINION OF CANADA. [2gfA Jum^ 'Syi.'\ Section 1. Short title. 2. Parliament of Canada may establiuh new Provinces, and Grovide for the constitutions, &c., thereof, aeration of limits of Provinces. 4. Parliament of Canada maj' Ici^islate for any territory not included in a Province. 5. Conflrmation of Acts of Parliament of Canada, 32 &, 33 Vic. (Canadian) Cap. 3, 33 Vic. (Canadian) Can. 3. 6. Limitation of powers of Parliament of Canada to leijislate for an Established Province. Whereas doubts have been entertained respecting the powers of the Parliament of Canada to establish Provinces in Territories admitted, or which may hereafter be admitted, into the Dominion of Canada, and to provide for the repre- sentation of such Provinces in the said Parliament, and it is expedient to remove such doubts, and to vest such powers in the said Parliament : Be it enacted by the Queen*s most Excellent Majesty, by and with the advice and consent of the Lords, Spiritual and Temporal, and Commons, in this present Parliament assem- bled, and by the authority of the same, as follows : — 1. Short title. — This Act may be cited for all purposes as ♦♦ The British North America Act, 1871." 7 G 10-1 BRITISH NORTH AMERICA ACT, 1 867. ' 2. Parliament of Canada may establish new Provinces, and provide for the Constitution &c., thereof. — The Parliament of Canada may from time to time establish new Provinces in any Territories forming for the time being part of the Dominion of Canada, but not included in any Province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such Province and for the passing of laws for the peace, order and good government of such Province, and for its representation in the said Parliament. 3. Alteration of limits of Provinces. — The Par- liament of Canada may from time to time, with the consent of the Legislature of any Province of the said Dominion, in- crease, diminish, or otherwise alter the limits of such Province under such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make pro- vision respecting the eftect and operationofany such increase or diminution or aUeration of Territory in relation to any Province affected thereby. 4. Parliament of Canada may legislate for any territory not included in a Province. — The Parliament of Canada may from time to time make provision for the administration, peace, order, and good government of any Territory not for the time being included in any Pro- vince 5. Confirmation of Acts of Parliament of Canada. — The following Acts passed by the said Parlia- ment of Canada and intituled respectively : "An Act for the Temporary Government of Rupert's Land and the North- \Vestern Territory when united with Canada," and ** An Act to Amend and continue the Act Thirty-two and Thirty- three Victoria, chapter three," and to establish and provide for the '* Government of the Province of Manitoba," shall be and be deemed to have been valid .ind eflfectual for all purposes whatsoever from the date at which they respectively received the assent in the Queen's name of the Governor General of the said Dominion of Canada. 6. Limitation of powers of Parliament of Canada to legislate for an established Province. — Except as provided by the third section of this Act, it lit BRlllSlI NORTH AMERICA .\CT, I87I. 105 shall not be competent for the Parliament of Canatla to alter the provisions of the last mentioned Act of the said Parliament, in so far as it relates to the Province of Manitoba, or of any other Act hereafter establishing new Provinces in the said Dominion, subject always to the right of the Legis- lature of the Province of Manitoba to alter from time to lime the p ovisions of any law respecting the qualification of elec- tors and members of the Legislative Assembly, and to make laws respecting elections in the said Province. « MANUSCRIPT NOTES.^ MS. PARLIAMENT OF CANADA ACT, 1875. HI » r 108 MANUSCRIPT NOTES. MS. 38-39 VIOTORI^\. -soo- CHAP. XXXVIII. -MO- ^3sr ^OT TO REMOVE CERTAIN DOUBTS WITH RESPECT TO THE POWERS OF THE PARLIAMENT OF CANADA UNDER SECTION EIGHTEEN OF THE BRITISH NORTH AMERICA ACT, 1867. \_igth July, 187^.1 Preamble. Sbction 1. Substitution of new sec. for sec. 18 of 30 & 31 Vic. ch. 3. 2. Confirmation of act of Parliament of Canada, 31 & 32 Vic. ch. 24. 3. Short title. , '' Preamble. — Whereas by Section Eighteen of the British North America Act, 30 & 31 Vic. ch. 3, 1867, it is provided as follows : "The privileges, immunities and powers to be held, en- joyed and exercised by the Senate and by the House of Commons, and by the Members respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act, held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland and by the members thereof." ilO PARLIAMENT OF CANADA ACT, 187$. ! i I ! I I I , i! And whereas doubts have arisen with regard to the power of defining by an Act of the Parliament of Canada, in pur- suance of the said section, the said privileges, powers, or immunities ; and it is expedient to remove such doubts. Bf it therefore enacted by the Queen^s Most Excellent Maje»ty^ by and with the advice and consent of the Lords, Spiritual and Temporal, and Commons, in this present Parliament assem- bled, and by the authority of the same, as folio vs : — 1. Substitution of new sec. for sec. 18 of 30 & 31 Vic. ch. 3.— Section Eighteen of the British North America Act, 1867, is hereby repealed without prejudice to anything done under that section, and the following section shall be substituted for the section so repealed. The privileges, immunities and powers to be held, enjoyed and exercised by the Senate and by the House of Commons, and by the Members thereof, respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities and powers, shall not confer any privileges, immunities or powers exceeding those at the passing of such Act, held, enjoyed and exercised by the Commons House of Parliament of the United Kng- dom of Great Britain and Ireland, and by the :. niters thereof. 2. Confirmation of act of Parliai.i* t of Canada, 31 & 32 Vic. ch. 24.— The Act of the Parlia- ment of Canada passed in the thirty-first year of the Reign of Her present Majesty, chapter twenty-four, intituled "An Act to provide for oaths to witnesses being administered in certam cases for the purposes of either House of Parliament " shall be deemed to be valid, and to have been valid as from the date at which the Royal assent was given thereto by the Governor-General of the Dominion of Canada. 3. Short title. — This Act may Parliament of Canada Act, 1875." be cited as "The 11 MS. MANUSCRirr NOIF.S. Ill 112 MANUSCRIi'T Nt.TES. MS. ! ) s. SUPREME AND EXCHEQUER COURT ACT. 114 MANUSCRIPT NOTES. MS* MS. 38 VICTORIA. -009- CHAP. II. -eo9- j^nsr ^OT TO ESTABLISH A SUPREME COURT, AND A COURT OF EXCHEQUER, FOR THE DOMINION OF CANADA. [Assented to 8th April y iSyS'] Srotion 1, 2. 3. 4. 5 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Preamble. Courts established ; names. Courts of Record. Number of Judges and quorum. Qualification of Chief Justice and Judges respectively. To be Judges of both Courts. Residence. Tenure of office. " Judge " includes Chief Justice. Salaries, and how payable Retiring allowances, and how payable. Oath of office. How administered. Judges to hold no other office of profit, Interpretation of words and expressions as to appeal "Judgment." -- " Appeal " — " The Court." — " Court appealed from."— Appeal to be from Court of last resort. Quorum in appeal. Two sessions in appeal yearly. Power to adjourn.— Notice. — How Court maybe convened at any time. Jurisdiction over all Canada. When error is alleged. In what cases appeals shall lie.— Proviso as to Quebec. - Limitations as to cases in which appeal shall lie. Appeal iipon special case. ■: * 116 SUl'RKMK AND KXCHKnUKR COURT ACT. Sbc. 10. Api)oul on a puint reserved. 20. In cases of nmtions for new trial. 21. Notice in cases under next three i>recedinjf sections. 22. No a)>|)eal in matter of discretion only. 23. Appeal on mandamus, habeas corpus, &c., municipal Ity law, iic. 24. Practice in such cases. 25. Limitation of time for aiipeal in election cases ; and in other cases. 26. Allowance of appeal in special cases on terms, notwith- standing lapse of time. 27. Appeal by consent of parties. 28. Proceedings requisite to briny case into Supreme Court. 29. Appeals to be on a special case. 30. Duty of Clerk of Court appealed from. 31. Security in appeal ;8!500, except in habeas corpus cases.— Proviso. 32. Execution stayed. Sub-section — Exceptions and con- ditions ; 1. If the judgment orders delivery of documents or personalty. 2— Or execution of conveyance. 3—1 f the Court appealed from is a Court of Appeal. 4— If the judgment directs sale, &c., of realty. 6— If the judgment directs payment of money as a debt, &c. C— Proviso as to instrument for giving such security. 83. Fiat to Sheriff when security is perfected ; If Court ap- pealed from be one of appeal ; Proviso as to poundage. 34. Interest. 85. Money levied, and not paid over before fiat to be re- paid by Sheriff. 86. Perishable property. 87. Power to quash proceedings in certain cases. 88. Power to dismiss appeal, or give the judgment wliicli ought to have been given ; costs. 89. Discontinuing proceedings. 40. Consent to reversal. 41. Motion for dismissal if case be not proceeded with. 42. Case of death of one of several appellants. 43. Or of a sole appellant or of all the appellants. 44. Of one of several respondents. 46. Of sole respondent, or of all respondents. 46. Judgment, &c., is to be carried out by court below. 47. Judgment to be final, and without appeal ; Saving Her Majesty's Prerogative. 48. When Supreme Court is organized ; sees. 33, 34 & 35 of 'S7 Vice. 10 repealed. Proceedings thereafter on appeal from judgment on Election Petition ; Cases to le heard ami determined by Supreme Court, and report made to tht- speaker ; Decision to be final. 49. In whi; criminal cases an appeal shall lie, and powers «)f t'le jourt in such cases ; Proviso ; Cases in which no aj)- ;>oal shall be allowed. 60. 'When appeal must be brought to hearing. 61. Judges tohavu concurrent jurisdiction in such cases. SUPREME AND EXCHEQUER COURT ACT, 11 8bc. 52. Governor in Council may refer any mutter (or un opinlun ; Proviso : as to minority. 63. Court to rei)ort on any private l)ill or petition referred Ijy eitlier liouse. 54 Powers to l)e exercised with consent of Local FiOKisIaturcv. 55. Procedure in cases firstly and secondly mentioned in sec. f> i to be in Exchequer Court appeal. 50. In cases thirdly and fourthly mentitmed.tohe in Supreme Court, and decision sent to court appealed from. 57. To what cases sees. 55 & 50 shall apply. 68. Concurrent jurisdiction of the court. Exclusive jurisiUi-- tion. 59. When the Dominion is a party interested. 60. Oath of office. CI. Rules of practice. 62. Judjfcs to sit sinj^ly, and at any time or place. 63. Issues of fact, how tried. . 64. If under sec. 58, to be tried without a jury, ei). Jurors in cases imdcr sec. 59. 66. Process and officers of the court. 67. Fees. 68. Appeal to Supreme Court, conditions. . 69. Registrar to be appointed ; salarj-. 70. To be Registrar of both courts. 71. Reports. 72. Fees to he paid by stamps. 73. Reports to be under direction of Judges. 74. Affidavits. 76. Process of court. 76. Who may practice in court as Barristers. 77. And as Attorneys or Solicitors. 78. All such practitioners to be officers of the courts, 79. Judges to make rules of procedure as well in appellate ur< original jurisiiction ; and may alier or amend them ; 'i'o what matters such rules miy extend ; Proviso. 80. Commencement of the several provisions of this act. 81. Short title. Preamble, — Her Majesty, by and with the advice and consent of the Senate and House of Commons of Can- ada, enacts as follows : — 1. Courts established : Names. — There are hereby constituted, and established, a Court of Common Law and Equity, m and for the Dominion of Canada, which shall be called ** The Supreme Court of Canada," and a Court of Kxchequer. to be called "The Exchequer Court of Can- ada." :i8 SUPREME AND EXCIItCjUER COURT ACT. 2. Courts of Record. — The said Couits hereinafter termed **T Supreme Court" and **The Exchequer Court " respectively, shall be Courts of Record. JUDGES OF THE SAID COURTS. 3. Number of Judges and quorum. — The Su- preme Court shall be composed of a Chief Justice and five Puisine Judges, any five of whom, in the absence of the other of them, may lawfully hold the said Court in term. 4. Qualification of Chief Justice and Judges, respectively — To be Judges of both Courts — Residence. — Her Majesty may appoint, by letters patent, under the great seal of Canada, one person, who is, or has been, a Judge of one of the Superior Courts in any of the Provinces forming part of the Dominion of Canada, or who is a barrister or advocate of at least ten years* standing at the Bar of any one of the said Provinces, to be Chief Justice of the said Court, and five persons who are, or have been, respectively. Judges of one of the said Superior Courts, or who are barristers or advocates of at least ten years' standing at the Bar of one of the said Provinces, to be Puisne Judges of the said Court, two of whom at least shall be taken from among the Judges of the Superior Court or Court of Queen's Bench, or the barristers or advocates of the Province of Quebec ; and vacancies in any of the said offices shall, from time to time, be filled in like manner. The Chief Justice and Judges of the Supreme Court shall be respectively the Chief Justice and Judges of the Exchequer Court : they shall reside at the City of Ottawa, or within five miles thereof. 5. Tenure of office. "Judge" includes Chief J ustice. — The Judges to be appointed under this Act shall hold their offices during good behaviour, but the Govemor- Cieneral may remove any such Judge or Judges upon the address of the Senate and House of Commons. The word "Judge" in this Act includes a Chief Justice, unless it is otherwise expressed, or the context and sense require a dis- tinction to be made. 6. Salaries, and how payable. — There shall be piid and payable out of the Consolidated Revenue Fund or SUPREME AND EXCHEQUER COURT ACT, 119 Canada (after paying or reserving sufficient to pay all such sums as have been heretofore charged thereon, but in pre- ference to all payments which shall be hereafter charged thereon) the yearly sums following, as and for the salaries of the said Judges, as Judges of both Courts, that is to say : to the Chief Justice the sum of eight thousand dollars, and to each of the Puisne Judges, the sum of seven thousand dollars, which said s^ums shall be paid, free and clear from all deductions whatsoever, by monthly instalments ; the first payment to be made pro rata on the first day of the month, which shall occur next after the appointment of the Judge entitled to receive the same ; and if any person, hereafter appointed to any such office, dies or resigns the same, the executor or administrator of the person so dying, or the person so resigning, shall be entitled to receive such propor- tionate part of the salary aforesaid, as shall have accrued during the time that such person shall have executed such payment ; and the successor of such resigning, shall be entitled to receive salary as shall accrue from the date of office since the last person, „v> dying or such portion of the his appointment. 7. Retiring allowances, and how payable. — In case any Judge appointed in pursuance of this Act has continued in the office of Judge of the said Courts, for fifteen years or upwards, or in the said office, and that of Judge of one or more of the Superior Courts of Law or Equity or of the Courts of Vice- Admiralty in any of the Provinces of the Dominion, for periods amounting together to fifteen years or upwards, or becomes afflicted with some permanent infirmity, disabling him from the due execution of his office, then, in case such Judge resigns his office, Her Majesty may, by letters patent under the Great Seal of Canada, reciting such period of office or such permanent infirmity, grant unto such Judge an annuity equal to two-thirds of the salaiy annexed to. the office he held at the time of his resignation, to commence immediately after his resignation, and to continue thence- forth during his natural life, and to be payable by monthly instalments, and pro rata for any period less than a year, during such continuance, out of any unappropriated moneys forming part of the Consolidated Revenue Fund of Canada. 8 H 120 SUPREME AND EXCHEQUER COURT ACT. 8. Oath of Office. — Every Judge to be appointed in pursuance of this Act, shall, previously to his executing the duties of his office, take the following oath : ** I, , do solemnly and sincerely promise and "swear that I will duly and faithfully, and to the best of *' my skill and knowledge execute the powers and trusts '* reposed in me as Chief Justice {or as one of the Judges) of ** the Supreme Court and of the Exchequer Court of Canada ; "so help me God." 9. How administered. — The said oath shall be administered to the Chief Justice of the said Courts before the Governor-General, or person administering the Govern- ment of the Dominion, in Council, and to the Pusine Judges of the said Courts by the Chief Justice. 10. Judges to hold no other office of profit.— No Judge to be appointed to office under this Act shall hold any other office of emolument either under the Government of the Dominion of Canada, or under the Government of any Province of Canada. APPELLATE JURISDICTION OF THE SUPREME COURT. 11. Interpretation of words and expressions as to appeal.—" Judgment."—" Appeal."—" The Court." — " Court appealed from." — Appeal to be from Court of last resort. — Unless it is other- wise provided, or the context manifestly requires another constmction, the following words and expressions, when used in this Act, with reference to proceedings under it in appeal shall have the meaning hereby assigned to them respectively: — The word "Judgment," when used v/ith reference to the Court appealed from, includes any judgment, rule, order, decision, decree, decretal order or sentence thereof; and when used with reference to the Supreme Court, it includes any judgment or order of that Court. The word "appeal" includes any proceeding to set aside or alter any judgment of the Court appealed from on a point of law, as well as an appeal founded on the facts, or on the facts and law of any case. The expression " the Court " means the Supreme Court ; and the expression " the Court SUPREME AND EXCHEQUER COURT ACT. 121 _■} appealed from " means the Court from which the appeal has been brought directly to the Supreme Court, whether such Court be a Court of original jurisdiction, or a Court of Error and Appeal : and when an appeal to the Supreme Court is given from a judgment in any case, it shall always be under- stood to be given from the Court of last resort in the Pro- vince where the judgment was rendered in such case. 12. Quorum in appeal. — Five judges of the said Supreme Court shall constitute a quorum for the purpose of hearing and determining causes in Appeal. 13. Tw^o sessions in appeal yearly. — The said Supreme Court, for the purpose of hearing and determining Appeals shall hold annually, at the City of Ottawa, two sessions, the one beginning on the third Monday in January, and the other beginning on the first Monday in June, in each year, and each of the said sessions shall be continued until the business before the Court shall have been disposed of. 14. Power to adjourn. — Notice. — How Court may be convened at any time. — The Supreme Court may adjourn any session from time to time, and meet again at the time appointed for the transaction of business ; notice of such adjournment and of the day fixed for the continuance of such session shall be given by the Registrar in the Canada Gazette. The Court may be convened at any time by the Chief Justice, or in case of his absence or illness by the Senior Puisne Judge, in such manner as may be prescribed by the rules of practice hereinafter mentioned, 15. Jurisdiction over all Canada — The Supreme Court shall have, hold, and exercise an appellate civil and criminal jurisdiction within and throughout the Dominion of Canada, 16. ^When error is alleged.— Whenever error in law is alleged, the proceedings in the Supreme Court shall be in the form of an appeal. 17. In w^hat cases appeals shall lie, Ac— Subject to the limitations and provisions hereinafter made, an appeal shall lie to the Supreme Court from all final judg- ments of the highest Court of final resort, whether such 122 SUPREME AND EXCHEQUER COURT ACT. •I •I 'I Court be a Court of Appeal or of original jurisdiction, now or hereifter established in any Province of Canada, in cases in which the Court of original jurisdiction is a Superior Court ; Provided that no appeal shall be allowed from any judgment rendered in the Province of Quebec in any case wherein the sum or value of the matter in dispute does not amount to tw o thousand dollars ; and the right to appeal in civil cases given by this Act, shall be understood to be given in such cases only as are mentioned in this section, except Exchequer cases, and cases of mandamus, habeas corpus, or municipal by-laws, as hereinafter provided. 18. Appeal upon special case. — An appeal in any such case as aforesaid, shall lie upon a special case un- less the parties agree to the contrary ; and the Supreme Court shall draw any inferences of fact from the facts stated in the special case which the Court appealed from ought to have drawn. 19. Appeal on a point reserved. — An appeal shall lie from the judgment upon any motion to enter a verdict or non-suit upon a point reserved at the trial. 20. In cases of motion for new trial. — An ap- peal shall lie from the judgment upon any motion for a new trial upon the ground that the judge has not ruled according to law. 21 Notice in cases under next three preceding sections. — No appeal shall be allowed under the next three preceding sections, unless notice thereof be given in writing to the opposite party, or his attorney of record, within twenty days after the decision complained of, or within such further time as the Court appealed from, or a Judge thereof, may allow. 22. No appeal in matter of discretion only. — When the application for a new trial is upon a matter of discretion only, as on the ground that the verdict is against the weight of the evidence, or otherwise, no appeal to the Supreme Court shall be allowed. 23. Appeal on mandannus, habeas corpus, &c., municipal by-la^wsr, &c., — An appeal shall lie to SUPREME AND EXCHEQUER COURT ACT. 123 I il f^ I L the Supreme Court in any case of proceedings for or upon a Writ of Habeas Corpus, not arising out of a criminal charge, and in any case of proceedings for or upon a Writ of Man- damus, and in any case in which a by-law of a municipal corporation has been quashed by rule of Court, or the rule for qu«...uing it has been refused after argument. 24. Practice in such cases. — Proceedings in appeals shall when not otherwise provided for by this Act, or by the general rules and orders to be made in pursuance hereof, be as nearly as possible in conformity with the present practice of the Judicial Commitlee of Her Majesty's Privy Council. 25. Limitation of time for appeal in election cases ; and in other cases. — Every appeal from the judg- ment of a Court or Judge, whereby an election petition has been decided, shall be brought within eight days from the rendering thereof; and every other appeal shall be brought within thirty days from the signing, or entry, or pronounc- ing of the judgment appealed from. 26. Allowance of appeal in special cases on terms, notwithstanding lapse of time. — Provided always, that the Court proposed to be appealed from, or any Judge thereof, may allow an appeal under special circum- stances, except in the case of an election petition, notwith- standing that the same may not be brought within the time hereinbefore prescribed in that respect ; but in such case, the Court or Judge shall impose such terms as to security or otherwise as shall seem proper under the circumstances. 27. Appeal by consent of parties.— An appeal shall also lie directly to the Supreme Court from the judg- ment of the Court of original jurisdiction, by consent of parties. 28. Proceedings requisite to bring cases into Supreme Court.— No Writ shall be required or issued for bringing any appeal in any case to or into the Supreme Court, but it shall be sufficient that the party desiring so to appeal shall, within the time hereinbefore limited in the case, have given the security required, and obtained the allowance of the appeal. 124 SUPREME AND EXCHEQUER COURT ACT. "I li! j, m^. Appeals to be on a special case.— The ap- peal shall be upon a case to be stated by the parties or in the event of difference, to be settled by the Court appealed from, or a Judge thereof, and the case shall set forth the judgment objected to and so much of the pleadings, evidence, affidavits, and documents, as may be necessary to raise the question for the decision of the Court. 30. Duty of Clerk of Court appealed from. — The Clerk or other proper officer of the Court appealed from, shall, upon payment to him of the proper fees, and the expenses of transmission, transmit forthwith after such allowance, the case to the Registrar of the Supreme Court, and further proceedings shall thereupon be had according to the practice of that Court. 31. Security in appeal $500, except in habeas corpus cases — Proviso. — No appeal shall be allowed (ex- cept only the case of appeal in proceedings for or upon a Writ of Habeas Corpus) until the Appellant has given proper security to the extent of five hundred dollars to the satis- faction of the Court, from whose judgment he is about to appeal, or a judge thereof, that he will effectually prose- cute his appeal and pay such costs and damages as may be awarded in case the judgment appealed from be affirmed ; Provided that this section shall not apply to appeals in elec- tion cases, for which special provision is hereinafter made. 32. Execution stayed — Exceptions and Con- ditions. — Upon the perfecting of such security, execution shall be stayed in the original cause, except in the following cases : — I. If the judgment appealed from directs an assign- ment or delivery of documents or personal property, the execution of the judgment shall not be stayed until the things directed to be assigned or delivered have been brought into Court, or placed in the custody of such officer or receiver as the Court appoints, nor until security has been given to the satisfaction of the Court whose judgment has been appealed from, or of a judge thereof,in such sum as the Court or Judge may direct, that the Appellant will obey the order or judgment of the Supreme Court. U fli SUPREME AND EXCHEQUER COURT ACT. 13S i ^ 2. If thf: judgment appealed from directs the exe- cution of a conveyance or any other instrument, the execution of the judgment shall not be stayed until the instrument has been executed and depos- ited with the proper officer of the Court appealed from, to abide the order or judgment of the Supreme Court. 3. Provided, that if the Court appealed from be itself a Court of Appeal, and such assignment or conveyance, document, instrument, property or thing, as aforesaid, has been deposited in the custody of the proper officer of the Court, in which the cause originated, the consent of the party desiring to appeal to the Supreme Court, that it shall so remain to abide the judgment of the Supreme Court, shall be binding on him, and shall be deemed a compliance with the foregoing requirements of this section. 4. If the judgment appealed from directs the sale or delivery of possession of real property, chattels real or immovables, the execution of the judgment shall not be stayed until security has been entered into to the satisfaction of the Court appealed from, or a Judge thereof, and in such sum as the said last mentioned Court or Judge directs, that during the possession of the property by the appellant, he will not commit, or suffer to be committed, any waste on the property ; and that if the judgment be affirmed, he will pay the value of the use and occupation of the property from the time the appeal is brought, until delivery of possession thereof; and also in case the judgment is for the sale of property, and the payment of a deficiency arising upon the sale, that the appellant will pay the deficiency. 5. If the judgment appealed from directs the payment of money either as a debt, or for damages or costs, execution thereof shall not be stayed until the appellant has given security to the satisfaction of the Court appealed from, or of a Judge thereof. wm^m^mmmmm^ 12G SUPREME AND EXCHEQUER COURT ACT. 'li! SI Hi !1 that if the judgment, or any part thereof be affirmed, the appellant will pay the amount thereby directed to be paid, or the part thereof as to which the judgment may be affirmed, if it be affirmed only as to part, and all damages awarded against the appellant on appeal. 6. Provided that in any case in which execution may be stayed on the giving of security under this section, such security may be given by the same instrument, whereby the security prescribed in the next preceding section is given. 33. Fiat to Sheriff when security is per- fected, &c. — When the security has been perfected and allowed, any Judge of the Court appealed from may issue his fiat to the Sheriff to whom any execution on the judg- ment has issued to stay the execution, and the execution shall be thereby stayed whether a levy has been made under it or not ; and if the Court appealed from is itself a Court of Appeal, and execution has been already stayed in the case, such stay of execution shall continue without any new fiat, until the decision of the case by the Supreme Court. Provided always that upon any judgment appealed from, on which any execution shall be issued before the Judge's fiat to stay the execution shall have been obtained, no poundage shall be allowed against the appellant, unless a Judge of the Court appealed from shall see fit to order otherwise. 34. Interest. — When, on proceedings in appeal against any judgment, the Supreme Court affirms such judgment, interest shall be allowed by the Court for such time as exe- cution has been delayed by the appeal. 35. Money levied and not paid over before flat to be repaid by Sheriff. — If at the time of the receipt by the Sheriff of the fiat, or of a copy thereof, the money has been made or received by him, but not paid over to the party who issued the execution, tha party appealing may demand back from the Sheriff the amount made or received under the execution, or so much thereof as is in his hands not paid over, and in default of payment by the Sheriff, upon such demmd, the party appealing may recover the same from him in an actio:i for nionev had and received, I In T SUPREME AND EXCHEQUER COURT ACT. 127 or by means of an order or rule of the Court appealed from. 33. Perishable property. — If the judgment ap- pealed from directs the delivery of perishable property, the Court appealed from, or a Judge thereof, may order the property to be sold, and the proceeds to be paid into Court, to abide the judgment of the Supreme Court. 37. Power to quash proceedings in certain cases. — The Supreme Court shall have power to quash proceedings in cases brought before it, in which appeal does not lie, or where such proceedings are taken against good faith. 38. Power to dismiss appeal or give the judgment which ought to have been given, &c. — The Supreme Court shall have power to dismiss an appeal, or to give the judgment, and to award the process or other proceedings which the Court whose decision is ap- pealed against ought to have given or awarded ; and the Supreme Court may in its discretion, order the payment of the costs of the Court appealed from, and also of the appeal or any part thereof ; and as well when the judgment appealed from is reversed as where it is affirmed. 39. Discontinuing Proceedings. — An appellant may discontinue his proceedings by giving to the respondent a notice entitled in the Supreme Court and cause and signed by the appellant, his Attorney or Solicitor, stating that he dis- continues such proceedings, and thereupon the respondent shall be at once entitled to the costs of and occasioned by the proceedings in appeal, and may in the Court of original jurisdiction either sign judgment for such costs, or obtain an order from such Court, or a Judge thereof, for their payment, and may take all further proceedings in that Court as if no appeal had been brought. 40. Consent to reversal. — A respondent may con- sent to the reversal of the judgment appealed against, by giving to the appellant a notice entitled in the Supreme Court and cause and signed by the respondent, his Attorney or Solicitor, stating that he consents to the reversal of the judgment, and thereupon the Court, or any Judge thereof, shall pronounce judgment of reversal as of course. 128 sri'RKMK AND KXCIIEQUKR COURT ACT. If 41. Motion for dismissal if case be not pro- ceeded with. — In case an appellant unduly delays to prosecute his appeal or fails to bring the appeal on to be heard at the first term of the Supreme Court, after the appeal is ripe for hearing, the respondent may, on notice to the appellant, move the Supreme Court, or a Judge thereof in Chambers, for the dismissal of the appeal, and such order shall thereupon be made as the said Court or Judge shall deem just. 42 . Case of death of one of several appellants. — In the case of the death of one of several appellants pending the appeal to the Supreme Court, a suggestion may be filed of his death, and the proceedings may thereupon be con- tinued at the suit of, and against the surviving appellant as if he were the sole appellant, but such suggestion, if untrue, may be set aside on motion made to the Supreme Court, or a Judge thereof in Chambers. 43. Case of death of sole appellant or of all the appellants. — In the case of the death of a sole appel- lant or of all the appellants, the legal representative of the sole appellant or of the last surviving appellant, may, by leave of the Court or a Judge, file a suggestion of the death, and that he is such legal representative, and the proceedings may thereupon be continued at the suit of, and against such legal representative as the appellant, and if no such sugges- tion be made, the respondent may proceed to an affirmance of the judgment, according to the practice of the Court, or take such other proceedings as he may be entitled to, and such suggestion, if untrue, may be set aside on motion by the Court or a Judge thereof. 44. Case of death of one of several respon- dents. — In the case of the death of one of several respon dents, a suggestion may be filed of such death, and the proceedings may be continued against the surviving respon- dent, but such suggestion, if untrue, may be set aside on motion by the Court or a Judge thereof. 45. Case of death of sole respondent, or of all respondents. — In the case of the death of a sole respon- dent or of all the respondents, the appellant may proceed, # ^ SUPREME AND EXCHEQUER COURT ACT. 129 upon giving one month's notice of the appeal and of his intention to continue the same to the representative of the deceased party, or if no such notice can be given, then upon such notice to the parties interested as a Judge of the said Supreme Court may direct. 46. Judgment, &c„ to be carried out by Court below.— The judgment of the Supreme Court in App al shall be certified by the Registrar of the said Court to the proper officer of the Court of original jurisdiction, who shall thereupon make all proper and necessary entries thereof, and all subsequent proceedings may be taken thereupon as if the judgment had been given or pronounced in the said last mentioned Court. 47. Judgment to be final, and w^ithout ap- peal, saving Her Majesty's prerogative. — The judg- ment of the Supreme Court shall in all cases be final and con- clusive, and no appeal shall be brought from any judgment or order of the Supreme Court to any Court of Appeal estab- lished by the Parliament of Great Britain and Ireland, by which appeals or petitions to Her Majesty in Council may be ordered to be heard ; saving any right which Her Majesty may be graciously pleased to exercise by virtue of Her Royal prerogative. APPEAL IN CONTROVERTED ELECTION CASES. 48. When Supreme Court is organized, sees. 33, 34 and 35 of 37 Vic. ch. 10 repealed— Pro- ceedings thereafter on appeal from judgnnenton Election Petition— Cases to be heard by Supreme Court, etc. — When the Supreme Court is organized, and in the exercise of its appellate jurisdiction, the thirty-third, thirty-fourth and thirty-fifth sections of the act passed in the thirty-seventh year of Her Majesty's reign, and intituled **An Act to make better provision for the trial of Controverted Elec- tions of Members of the House of Commons^ and respecting matters connected therezvith" shall be repealed, except as hereinafter provided with respect to proceedings then pending and thereafter any party to an election petition under the said Act, who may be dissatisfied with the decision of the Judge who has tried such petition, on any question of law or of fact, and desires to appeal against the same, may within hi -: ! « 130 SUPREME AND KXCHEQUKR COURT ACT. eight days from the day on which the Judge has given his de- cision, deposit with the Clerk, or other proper officer of the Court (of which the Judge is a meml er) for receiving moneys paid into such Court at the place where the petition was tried if in the Province of Quebec, and at the Chief Office of the Court in any other Province, the sum of one hundred dollars as security for costs, and a further sum of ten dollars as a fee fo' making up and transmitting the record ; and thereupon the Clerk or other proper officer of the Court shall make up and transmit the record in the case to the Registrar of the Supreme Court, who shall set down the matter of the said petition for hearing by the said Court at the nearest conve- nient time, and according to any rules made in that behalf under this Act, and the party so appealing shall thereupon within three days or such further time as the Judge who tried the petition may allow, give to the other parties to the said petition affected by the said appeal, or the respective Attor- neys or Agents by whom such parties were represented at the trial of the petition, notice in writing that the matter of the petition has been so set down for hearing in appeal as afore- said, in and by which notice the said party so appealing may, if he desires, limit the subject of the said appeal to any special and defined question or questions : and the appeal shall there- upon be heard and determined by the Supreme Court, which shall pronounce such judgment upon questions of law^ or of fact, or both, as in the opinion of the said Court ought to have been given by the Judge whose decision is appealed from, and the Supreme Court may make such order as to the money deposited as aforesaid, and as to the costs of the ap- peal as it may think just ; and in case it appears to the Court that any evidence duly tendered at the trial was improperly rejected, the Court may cause the witness to be examined before the Court or a Judge thereof, or upon commission ; and the Registrar shall certify to the Speaker of the House of Commons the judgment and decision of the Court upon the several questions as well of fact as of law, upon which the Judge appealed from might otherwise have determined and certified his decision in pursuance of the said Act, in the same manner as the said Judge should otherwise have done, and with the same effect, and the judgment and decision of he Supreme Court shall be final to all intents and purposes. SUrRKMK AND KXCHKQUER COURl ACT. 131 CRIMINAL AIM'KALS. 49. In what Criminal Cases an Appeal shall lie, and powers of the Court in such cases. — Ai y person convicted of treason, felony, or misilemeanor, before any Court of Oyer and Terminer or gaol delivery, or before the Court of Queen's Bench in the Province of Quebec on its Crown side, or before any other Superior Court of crimi- nal jurisdiction, whose conviction has been affirmed by any Court of last resort, or in the Province of Quebec by the Court of Queen's Bench on its appeal side, or any person in custody within the Dominion of Canada, whose extradition is claimed in pursuance of any treaty and whose application for discharge on a writ of habeas corpus ad subjiciendum has been refused, may appeal to the .Supreme Court against the affirmation of such conviction or the refusal of such applica- tion, and the said Court shall make such rule or order therein, either in affirmance of the conviction or for granting a new trial, or otherwise, or for granting or refusing such opplication, as the justice of the case requires, and shall make all other necessary rules and orders for carrying such rule or order into effi^ct, anything in the eightieth section of the Act passed in the session held in the thirty-second and thirty-third years of Her Majesty's reign, chapter twenty- nine, to the contrary notwithstanding : Provided that no such appeal shall be allowed where the Court affirming the conviction is unanimous, nor unless notice of appeal in wri- ting has been served on the Attorney-General for the proper Province, within fifteen days after such affirmance or refusal. As to extradition cases, see note to sec. 51. 50. "When appeal must be brought to hear- ing. — Unless the appeal is brought on forbearing by the appellant at the term of the Supreme Court, during which such affirmance or refusal takes place, or the term next thereafter (if the said Court be not then sitting in term) the appeal shall be held to have been abandoned, unless other- wise ordered by the Supreme Court. JURISDICTION IN HABEAS CORPUS AD SUBJICIENDUM. 51. Judges to have concurrent jurisdiction in such cases. — Any Judge of the Supreme Court shall have concurrent jurisdiction with the Courts or Judges of the several Provinces, to issue the writ of habeas corpus ad sub' 132 SUPREME AND EXCHEQUER COURT ACT. III fi M < I II, /tciendum, for the purpose of an enquiry into the cause of commitment, in any criminal case under any Act of the Par- liament of Canudc, or in any case of demand for extradition, and if the Judge shall refuse the writ or remand the prisoner, an appeal shall lie to the Court. By sec. 31 of the Supreme Court Amendment Act, so much of the Supreme and Exchequer Court Act as confers jurisdiction, whether original or appellate, on the Supreme Court, or any Judge thereof, in habeas corjnus matters arising out of any claim for extradition made under any treaty, is repealed. SPECIAL CASES REFERRED TO THE COURT. 52. Governor in Council may refer any mat- ter for an opinion. — It shall be lawful for the Governor in Council to refer to the Supreme Court for hearing or con- sideration any matters whatsoever as he may think fit, and the Court shall thereupon hear and consider the same and certify their opinion thereon to the Governor in Council : Provided that any Judge or Judges of the said Court who may differ from the opinion of the majority may in like manner certify his or their opinion or opinions to the Gover- )0/ in Council. 53. Court to report on any private bill or petition referred by either House. — The said Court, or any two of the Judges thereof, shall examine and report upon any private bill or petition for a private bill presented to the Senate or House of Commons and referred to the Court under any rules or orders made by the Senate or House of Commons. SPECIAL JURISDICTION. 54. Po"w^ers to be exercised with consent of Local Legislatures. — When the Legislature of any Province forming part of Canada shall have passed an Act agreeing and providing that the Supreme Court, and the Ex- chequer Court, or the Supreme Court alone, as the case may be, shall have jurisdiction in any of the following cases, viz. : — (ist) Of controversies between the Dominion of Canada and such Province ; (2nd) Of controversies between such Province and any other Province or Provinces, which may have passed a like Act ; (3rd) Of suits, actions or proceed- SUPREME AND EXCHEQUER COURT ACT. 133 ings in which the parties thereto by their pleadings shall have raised the question of the validity of an Act of the Parliament of Canada, when in the opinion of a Judge of the Court in which the same are pending such ques- tion is material ; (4th) Of suits, actions or proceedings in which the parties thereto by their pleadings shall have raised the question of the validity of an Act of the Legisla- ture of such Province, when in the opinion of a Judge of the Court in which the same are pending such question is ma- terial ; then this section and the three following sections of this Act shall be in force in the class or classes of cases in respect of which such Act so agreeing and providing may have been passed. 55. Procedure in cases firstly and secondly mentioned — The procedure in the cases firstly and sec- ondly mentioned in the next preceding section shall be in the Exchequer Court, and an appeal shall lie in any such case to the Supreme Court. 56. In cases thirdly and fourthly mentioned, &C. — In the cases thirdly and fourthly mentioned in the next preceding section but one, the Judge who has ' ?cided that such questicii is material, shall order the case to be removed to the Supreme Court in order to the decision of such question, and it shall be removed accordingly ; and after the decision of the Supreme Court, the said case shall be sent back, with a copy of the judgment on the question raised, to the Court or Judge whence it carne, to be then and there dealt with as to justice may appertain. Amended by inserting after the word " shall " in the third line words following, " at the request of the parties, and may without such request .. he thinks fit." (See S. C. A. A. sec. 17.) 57. To what cases sections 55 and 56 shall apply. — The next two preceding sections apply only to cases of a civil nature, and shall take effect in the cases therein provided for respectively, whatever may be the value of the matter in dispute, and there shall be no further appeal to the Supreme Court on any point decided by it in any such case, nor on any other point unless the value of the matter in dispute exceeds five hundred dollars. 134 SUPREME AND EXCHEQUER COURT ACT. EXCHEQUER COURT. 58. Concurrent jurisdiction of the Court. - Kxclusive jurisdiction. — The Exchequer Court shall have and possess concurrent original jurisdiction in the Do- minion of Canada in all cases in which it shall be sought to enforce any law of the Dominion of Canada relating to the revenue, including actions, suits and procetjdings by way of information, to enforce penalties and proceedings by way of information in rem^ and as well in qui tarn suits for penal- ties or forfeitures as where the suit is on behalf of the Crown alone, and the said Court shall have exclusive origi- nal jurisdiction in all cases in which demand shall be made or relief sought in respect of any matter which might in Eng- land be the subject of a suit or action in the Couit of Ex- chequer on its Revenue side against the Crown, or any officer of the Crown, This section is amended by adding after the words "Crown alor.e," in the ninth line the words following': " and in all cases in which demands shall be made or relief sought in respect of any matter v,-hich n. ight in England be the subject of a suit or action in the Court of Exchequer on its plea side, against any officer of the Crown," and also by striking out the words " or any officer of the Crown " at the end of the said section. (See S. C. A. A. sec. 18.) 59. When the Dominion is a party interested. — The Exchequer Court shall also have concurrent original jurisdiction with the Courts of the several Provinces in all other suits of a civil nature at common law or equity, in which the Crown in the interest of the Dominion of Canada is plaintiff or petitioner. JUDGES. 60. Oath of ofTice.— The Chief Justice and the Judges of the Supreme Court shall, previously to their exe- cuting the duties of their office, as Judges of the Exchequer Court, take the oath mentioned in section eight of this Act. 61. Rules of Practice. — The procedure in suits and actions within the jurisdiction of the Exchequer Court shall, unless it be otherwise provided for by general rules made in pursuance of this Act, be regulated by the practice and X SUPREME AND EXCHEQUER COURT ACT. 136 ' *8* procedure of Her Majesty's Court of Exchequer at West- minster on its Revenue side. This section is amended by striking out the words "on its revenue side " and inserting in lieu thereof " in similar suits." (SeeS. C. A. A. sec. 19). SITTINGS AND DISTRIBUTION OF BUSINESS. 62. Judges to sit singly, and at any time or place. —Subject to rules of Court, the Judges of the Exchequer Court, respectively, shall have power to sit and act at any time and at any place for the transaction of the business of the Exchequer Court, or any part thereof; and the hearing and trial of any case s^all be by and before one Judge of the Court sitting alone, and such Judge shall decide such case, and his decision shall be the judgment of the Court therein, and such Judge shall have the same power and authority as the Court. 63. Issues of fact, hovr tried. — Issues of fact, in cases before the said Court, shall be tried according to the laws of the Province in which the cause originated, inclu- ding the laws of evidence. 64. If under section 58, to be tried without a jury. — Issues of fact in cases arising under the fifty- eighth section shall be tried by the Judge without a jury, 65. Jurors in cases under section 59. — For the trial of issues of fact, in cases arising under the fifty-ninth section, a Judge of the said Court may order a writ of venire facias to be issued, directed to any of the Sheriffs or Coro- ners in the next section mentioned, commanding him to summon a panel of n )t less than twenty-four nor more than thirty-six jurors to attend at the time and place in said writ named, and the Sheriff or Coroner shall execute and return the said writ as directed thereby. See S. C. A. A., sees. 21, 22 & 23 for further provisions as to jurors. 66. Process and officers of the Court— The process of the said Court shall be tested in the name of the Chief Justice, or in case of a vacancy of the Senior Puisne Judge of ihe said Court, and shall be directed to the sheriff of any county or other judicial division into which any of 9 I 186 SUPREME AND EXCHEQUER COURT ACT. the said Provinces may be divided ; and the sheriffs of the said respective counties or divisions shall be deemed and taken to be fx officio officers of the said Exchequer Court, and shall perform the duties and functions of sheriffs in con- nection with the said Court ; and in any case where the sheriff may be disqualified, such process shall be directed to any of the coroners of the county or district. 67. Fees. — The said sheriffs and coroners shall receive and take to their own use such fees as the Judges of the said Exchequer Court shall by general order fix and determine. See Exchequer Court Rule 24€u 68. Appeal to Supreme Court. — Any party to a suit in the Exchequer Court who may be dissatisfied with the decision therein, and desires to appeal against the same, may, within thirty days from the day on which the Judge has given such decision, or within such further time as the Judge may allow, deposit with the Registrar of the said Court the sum of fifty dollars by way of security for costs, and thereupon the Registrar shall set the suit down for hearing before the Supreme Court on the first day of the next term ; and the party appealing shall thereupon, within three days of the deposit, give to the party or parties affected by the said appeal, or their respective attorneys, by whom such parties were represented before the Judge of the Exchequer Court, notice in writing that the case has been so set down to be heard in appeal as aforesaid, and by such notice the said party so appealing may, if he desires, limit the subject of the appeal to any special defined question or questions, and the said appeal shall thereupon be heard and determined by the said Supreme Court. GENERAL PROVISIONS. 69. Registrar to be appointed— Salary. — A fit and proper person being a barrister of at least five years' standing, may be appointed by an instrument under the Great Seal of Canada, to hold office during pleasure as the Registrar of the said Supreme Court, and such Registrar shall reside and keep his office at the City of Ottawa, and shall be paid a salary of two thousand six hundred dollars t SUPREME AND EXCHEQUER COURT ACT. 187 r r per annum ; and the Governor may, from time to time, appoint such other clerks and servants of the said Court, and of the Exchequer Court, as may be found necessary, and who shall hold office during pleasure. 70. To be Registrar of both Courts. — Th» Registrar of the Supreme Court to be appointed under this Act shall also be the Registrar of the Exchequer Court of Canada. 71. Reports. — A precis writer shall be appointed by the Governor in Council to report the decisions of the Supreme Court, and of the Exchequer Court of Canada, and shall act as secretary to the Chief Justice and Judges appointed under this Act, and such precis writer shall be paid a salary, to be determined by the Governor in Council. 72. Fees to be paid by Stamps.— All fees pay- able to the Registrar under the provisions of this Act shall be paid by means of stamps, which shall be issued for that purpose by the Minister of Inland Revenue, who shall regu- late the sale thereof; and the proceeds of the sale of such stamps shall be paid into the Consolidated Revenue Fund of Canada. 73. Reports to be under direction of Judges. — The reports of the decisions of the Supreme Court and of the Exchequer Court, shall, subject to the direction of the Judges of the said Courts, be published by the Registrar appointed under this Act. 74. Affidavits. — All persons authorized to administer affidavits in any of the Superior Courts of any Province may administer affidavits sworn in such Province to be used in the Supreme Court and in the Exchequer Court, 75. Process of Court. — The process of the Supreme Court shall run throughout the Dominion, and shall be tested in the name of the Chief Justice, or in the case of vacancy of the office, in the name of the Senior Puisne Judge of the Court, and shall be directed to like officers as the process of the Exchequer Court, and obeyed in like manner. W^^^WWWPWW 138 SUPREME AND EXCHEQUER COURT ACT. 7B. 'Who may practice in the Court as Bar- ■"ist -AH persons being Barristers or Advocates in any of ti (C 'nces shall have the right to practice as Barristers, Advocates and Counsel in the Supreme Court and the Ex- cheoaer Court- 77. \/h(* may practice as Attorneys or So- licitors. — All persons being Attorneys, Solicitors or Proc- tors of the Superior Courts, or of any Court of Vice- Admi- ralty in any of the Provinces, shall have the right to practice as Attorneys, Solicitors and Proctors in the said Supreme Court and Exchequer Court. 78. All such Practitioners to be officers of the Courts. — All persons who may practice as Barristers, Advocates, Counsel, Attorneys, Solicitors or Proctors in the Supreme Court or Exchequer Court shall be officers of such Court. 79. Judges to make rules of procedure as well in appellate as original jurisdiction.— The Judges of the Supreme Court, or any five of them, may, from time to time, make general rules and orders for regulating the pro- cedure of and in the Supreme Court, and the bringing of cases before it from Courts appealed from or otherwise, and the procedure of the Exchequer Court, and for the effectual execution and working of this Act, and the attainment of the intention and objects thereof, and for fixing the fees and costs to be taxed and allowed to, and received and taken by, and the rights and duties of the officers of the said Courts, and may, from time to time, alter and amend any of the existing rules, or any rules made under the authority of this Act, and make other rules instead thereof ; and such rules may extend to any matter of procedure or otherwise not pro- vided for by this Act, but for which it may be found neces- sary to provide in order to insure the proper working of this Act and the better attainment of the objects thereof; and all such rules not being inconsistent with the express pro- visions of this Act shall have force and effect as if herein enacted : Provided that copies of all such rules shall be laid before both Houses of the Parliament of Canada at the next session thereof. SUPREME AND EXCHEQUER COURT ACT. 139 80. Commencement of the several provi- sions of this Act.— This Act shall come into force as respects the appointment of Judges, Registrar, Clerks and Servants of the said Courts, the organization thereof, and the making of general rules and orders under the next pre- ceding section, on a day to be appointed by proclamation under order of the Governor in Council ; and the other pro- visions thereof, and the judicial functions of the said Courts respectively shall take effect and be exercised only at and after such other lime as shall be appointed by proclama- tion under order of the Governor in Council. 81. Short Title.— This Act may be cited as Supreme and Exchequer Court Act.^' n The rm 140 MANUSCRIPT NOTES. MS. T \i\ PROCLAMATIONS. 142 MANUSCRIPT NOTES, MS. i 0^ I! PROCLAMATION RESPECTING THE ORGANIZATION OP THE SUPREME AND EXCHEQUER COURTS OF CANADA. (See Supreme and Exchequer Court Act, sec. 80.) W. O'G. HALY, Lieutenant-General, Administrator. [L. S.] CANADA. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c., &c., &c. To all to whom these Presents shall come, or whom the same may in any wise concern, — Greeting : A PROCLAMATION. EDWARD BLAKE, ) Whereas it is in and by an Attorney-General. > Act passed by the Parliament Canada. ) of Canada, in the Thirty-Eighth year of Our Reign, intituled, "An Act to establish a Supreme Court and a Court of Exchequer for the Dominion of Canada," amongst other thii^s in eflfect enacted, that the said Act shall come into force as respects the appointment of Judges, Registrar, Clerks and Servants of the said Courts, the organization thereof and the making of general rules and orders under the seventy-ninth section of the said Act, on a day to be appointed by Proclamation under order of the Governor in Council. 144 ORGANIZATION OF THE COURTS. And Whereas Our Governor in Council has been pleased by order to direct that the day hereinafter mentioned be appointed by Proclamation as the day on which the said Act shall come into force, to the extent in the section here- inl>efore mentioned specified : — Now Know Ye and We do by this Our Royal Proclam? - tion and by and with the advice of Our Privy Council ' Canada, proclaim, order and direct that the Act made f passed in the thirty-eighth year of Our Reign, intituled, ** An Act to establish a Supreme Court and a Court of Exchequer, for the Dominion of Canada," shall come into force as respects the appointment of judges. Registrar, Clerks and Servants of the said Courts, the organization thereof and the making of general rules and orders under the seventy-ninth section of the said Act, on the EiGHT- EENTH day of SEPTEMBER, in the present year, one thousand eight hundred and seventy-five. Of all which our loving subjects and all others to whom these presents may come, or whom the same may, in any wise, concern, are hereby required to take notice and govern themselves accordingly. In Testimony Whereof, We have caused these Our Letters to be made Patent, and the Great Seal of Canada to be hereunto affixed. Witness, Our Trusty and Well Beloved Lieu tenant-General Sir William O'Grady Haly, Knight Commander of our Most Honourable Order of the Bath, Administrator of the Governme it of Canada and Commander of Our Forces therein, &c., &c. At Our Government House, in Our CITY of OTTAWA, this SEVENTEENTH day of SEPTEMBER, in the year of Our Lord one thousand eight hundred and seventy-five and in the Thirty- Ninth year of Our Reign. By Command. . R. W. SCOTT, • Secretary of State, 1 i PROCLAMATION RESPECTING THE JUDICAL FUNCTIONS OP THE SUPREME AND EXCHEQUER COURTS OF CANADA. (See Supreme and Exchequer Court Act, sec. 80.) DUFFERIN. [L. S.] CANADA. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c., &c., &c. To all to whom these presents shall come, or whom the same may in any wise concern. Greeting : A PROCLAMATION. EDWARD BLAKE, ) Whereas it is in and by an Attorney-General, > Act passed by the Parliament Canada. ) of Canada in the Thirty-Eighth year of Our Reign, intituled, "An Act to establish a Supreme Court and a Court of Exchequer for the Dominion of Canada," amongst other things in effect enacted, that the said Act shall come into force as respects the appointment of Judges and Officers of the said Court, the organization thereof, and the making of general rules and orders under the seventy-ninth section of the said Act, on a day to be appointed by proclamation under order of the Governor in Council ; and that the other provisions thereof, and the judical functions of the said Courts respectively shall take effect and mm. 146 JUDICIAL FUNCTIONS OF THE COURTS. be exercised only at and after such other time as shall be appointed by proclamation nnder (.)rder of the Governor in Council ; And Whereas under the provisions of the said Act by proclamation the said Act came into force on the eighteenth day of September, in the year of Our Lord one thousand eight hundred and seventy-five as respects the appointment of Judges and Offices of the said Courts, the organization thereof and the making of general rules and orders under the seventy-ninth section of the said Act ; And Whereas our Governor in Council has been pleased by Order to direct that the day hereinafter mentioned be appointed by Proclamation as the day and time at and after which the other provisions of the said Act, and the judicial functions of the Supreme Court of Canada and of the Exchequer Court of Canada respectively, shall take effect and be exercised. Now Know Ye, and we do by this Our Royal Proclama- tion, and by and with the advice of Our Privy Council for Canada, Proclaim, Order and Direct that the Eleventh day of January, in the year of Our Lord one thousand eight hundred and seventy-six, has been and is hereby appointed as the day and time at and after which the judical Unctions of the said Courts respectively, and the provisions of the said Act, other than those proclaimed as in force on the Eighteenth day of September now last past, as hereinbefore recited, shall take effect and be exercised. Of all which our loving subjects and all others to whom these presents may come, or whom the same may, in any wise, concern, are hereby required to take notice and govern themselves accordingly. In Testimony Whereof, We have caused these our Letters to be made Patent, and the Great Seal of Canada to be hereunto affixed. Witness, Our Right Trusty and Well Beloved Cousin and Councillor the Right Honourable Sir Frederick Temple, Earl of Dufferin, Viscount and Baron Clandeboye of Clande- boye, in the County Down, in the Peerage of the United Kingdom, Baron DuflTerin and Clandeboye, JUDICIAL FUNCTIONS OF THE COURTS. T of Ballyleidy and Killeleagh, in the County Down, in the Peerage of Ireland, and a Baronet, Knight of Our Most Illustrious Order of Saint Patrick, and Knight Commander of Our Most Honourable Order of the Bath, Governor-General of Canada, and Vice-Admiral of the same : At Our Government House, in our CITY of OTTAWA, this TENTH day of JANUARY, in the year of Our Lord one thousand eight hundred and seventy-six, and and in the Thirty-ninth year of Our Reign. By Command. R. W. SCOTT, Secretary of State. mm 148 T MANUSCRIPT NOTES. MS. T SUPREME AND EXCHEQUER COURT AMKNDMENT ACT. 150 MANUSCRIPT NOTES. MS. % T MS. V 3 9 VICTORIA. .500. CHAP. XXVI. -ten- ^35r j^oT TO MAKE FURTHER PROVISION IN REGARD TO THE SUPREME COURT, AND THE EXCHEQUER COURT OF CANADA. Sbction 1 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. [Assented to 12th Aprils j8y6.\ Preamble. Proceedings for the examination on interrogatories or by commission, of persons who cannot for certain reasons conveniently appear in Court. Sub-section 2— Such persons hereinafter called " witnesses." Duty of persons taking such examination.— Punishment of witnesses wilfully giving false evidence. Court or Judge may order further examination.— Penalty on party refusing to aid in procuring the same. Notice to adverse party. Obligation of witness to attend and give evidence on being notified and tendered his legal fees.- Proviso : as to production of papers. Consent of parties to examination equivalent to an order. Return of examinations in Canada. — Use thereof. And if taken out of Canada,— Use thereof. Reading examination. Governor in Council may appoint commissioners for re- ceiving affidavits, &c., within or out of Canada.— EflFect of such affidavits. Sub-section 2— Style of commission. Further powers of commissioners in Canada Before whom affidavits, &c., may be made out of Canada. —Their effect. 10 T 162 SUPREME AND EXCHEQUER COURT Sbc. 13. Documents purporting to be under the hand and seal of such commissioner or persons to be admitted without Sroof of that fact, fully tendering documents with false seal or signature to be felony. 16. Informality not to be an objection to any affidavit, &c., the Court thinks proper to receive it, nor to be set up as defence in case of perjury. 16. Supreme Court may adjudge that costs be paid wholly or in part by either party. — Recovery of such costs. 17. Sec. 56 of 38 Vic , chap. 11, amended. 18. Sec. 58 of 38 Vic, chap. 11, amended.— Words struck out. 18. Sec. 61 of 38 Vic, chap. 11, amended. 20. Court may refer any matter to Registrar for certain pur- poses. 31. Qualification, exemption, &c., of jurors. 22. Number of jurors to be summoned. 23. Ta/w in default of jurors 34. Writs of execution in addition to those prescribed by general rules or orders — If judge's order is necessary. 26. In what ca.se only a person may be taken in execution. 26. Writs of and sales under execution to have same effect as like writs from courts of the Province where the pro- perty seized lies. 27. Like provision as to claims to such property or proceeds of sale. 28. Appeals in habeas corpus case to be heard early, &c. 29. Powers of judges in habeas corpus cases. 30. On appeal in habeas corpus cases, prisoner need not be present in court. — Proviso : if Court orders his appear- ance. 81. Jurisdiction in extradition cases taken away. 32. Judges may rule as to costs against the Crown. 83. How costs to or against the Crown shall be paid. 84. Writ may issue for certain purposes. 86. Orders for payment of money, how enforced. 86. No attachment for non-payment only. 87. Judges may make rules and orders for carrying out this Act. 88. Acts 31 Vic, chap. 34, and 33 Vic, chap. 4, as amended, to apply to officers of the said courts at Ottawa. Her Majesty, Senate and follows : by and with the advice and consent of the House of Commons of Canada, enacts as EVIDENCE. 1. Proceedings for the examination on in- terrogatories or by commission of persons who cannot for certain reasons conveniently appear in Court. — In case any party to any proceeding had wmmm RT hand and seal ol Imitted without leal or signature affidavit, &c., nor to be set up >e paid wholly or mch costs. rords struck out. for certain pur- se prescribed by ier is necessary, in execution. Lve same effect as :e where the pro- perty or proceeds 1 early, &c. iner need not be rders his appear- way. Jrown. je paid. ced. carrying out this 4, as amended, ,t Ottawa. consent of the lada, enacts as tion on in- )ersons -who ntly appear )roceeding had • I I AMENDMENT ACT. or to be had in either the Supreme Court or Exchequer Court, is desirous of having therein the evidence of any person, whether a party or not or whether resident within or out of Canada, the court or any judge thereof, if in its or his opinion it is, owing to the absence, age, or infirmity, or the distance of the residence of such person from the place of trial, or the expense of taking his evidence otherwise, or for any other reason convenient so to do, may, upon the ap- plication of such party, order the examination of any such person upon oath by interrogatories or otherwise, before the registrar of the said courts, or any commissioner for taking affidavits in the said courts, or any other person, or persons to be named in such order, or may order the issue of a com- mission under the seal of the court for such examination ; and may, by the same or any subsequent order, give all such directions touching the time, place and manner of such examination, the attendance of the witness and the produc- tion of papers thereat, and all matters connected therewith, as may appear reasonable. (2.) The person, whether a party or not, to be ex- amined under the provisions of this Act is hereinafter called a witness. 2. Duty of persons taking such examination. — Punishment of -witnesses willfully giving false evidence. — It shall be the duty of every person authorized to take the examination of any witness, in pur- suance of any of the provisions of this Act, to take such examination upon the oath of the witness or upon affirmation in any case where affirmation is allowed by law instead of oath ; and any witness who wilfully or corruptly gives any false evidence is guilty of perjury, and may be indicted and prosecuted for sueh offence in any county or district or other judicial division in Canada where such evidence shall have been given, or if the evidence be given out of Canada, in any judicial division in Canada in which he may be apprehen- ded or be in custody. 3. Court or judge may order further ex- amination — Penalty on party refusing to aid in procuring the same.— The court or a judge may, if it be considered for the ends of justice expedient so to do, 164 SUPREME AND EXCHEQUER COURT order the further examination, before either the court or a judge thereof, or other person, of any witness, and if the party on whose behalf the evidence is tendered neglects or refuses to obtain such further examination, the court or judge in its or his discretion may decline to act on the evidence. 4. Notice to adverse party. — Such notice of the time and place of examination as shall be prescribed in the order, shall be given to the adverse party. 5. Obligation of -witness to attend and give evidence on being notified and tendered his legal fees. — When any order shall be made for the ex- amination of a witness and a copy of the order together with a notice of the time and place of attendance signed by the person or one of the persons to take the examination shall have been duly served on the witness and he shall have been tendered his legal fees for attendance and travel, the refusal or neglect to attend for examination or to answer any proper question which may be put to him on examination, or to produce any paper which he has been notified to produce, shall be deemed a contempt of court and may be punished by the same process as other contempts of court ; but he shall not be compelled to produce any^paper which he would not be compelled to produce or to answer any question which he would not be bound to answer in court. 6. Consent of parties to examination equi- valent to an order. — If the parties in any case pending in either of the said courts consent in writing that a witness may be examined within or out of Canada by interrogatories or otherwise, such consent and the proceedings had thereunder shall be as valid in all respects as if an order had been made and the proceedings had thereunder. 7. Return of examinations in Canada. — All examinations taken in Canada, in pursuance of any of the provisions of this Act, shall be returned to the court, and the depositions certified under the hands of the person or one of the persons taking the same may, without further proof, be used in evidence, saving all just exceptions. 8. And if taken out of Canada. — All examin- I ;OURT her the court or vritness, and if the dered neglects or ation, the court ine to act on the uch notice of the prescribed in the end and give tendered his made for the ex- rder together with mce signed by the nination shall have J shall have been travel, the refusal answer any proper jxamination, or to otified to produce, i may be punished of court ; but he )er which he would jwer any question n court. cxination equi- 1 any case pending ting that a witness I by interrogatories ngs had thereunder ler had been made 1 Canada. — All ance of any of the I to the court, and f the person or one hout further proof, tions. da. — All examin- AMENDMENT ACT «65 i ations taken out of Canada, in pursuance of any of the pro- visions of this Act, shall be proved by affidavit of the due taking of such examinations, sworn before some commis- sioner or other person authorized under this or any other Act to receive such affidavit at the place where such ex- amination has been taken, and shall be returned to the court, and the depositions so returned, together with such affidavit, and the order or commission, closed under the hand and seal of the person or one of the persons authorized to take the examination, may without further proof, be used in evidence, saving all just exceptions. 9. Reading examination. — When any examination has been returned, any party may give notice of such return, and no objection to the examination being read shall have effect, unless taken within the time and in the manner pre- scribed by general order. 10. Governor in Council may appoint com- missioners for receiving affidavits, &c., within or out of Canada. — The Governor in Council may, by one or more commissions, from time to time empower such persons as he may think necessary, within or out of Canada, to administer oaths and take and receive affidavits, declar- ations and affirmations in or concerning any proceeding had or to be had in the Supreme Court, or in the Exchequer Court ; and every oath, affidavit, declaration or affirmation taken or made as aforesaid shall be as valid, and of the like effect to all intents, as if it had been administered, taken, sworn, made or affirmed before that one of the said courts in which it is intended to be used, or before any judge or competent officer thereof in Canada. (2.) Any Commissioner so empowered shall be styled* ** A Commissioner for administering oaths in the Supreme Court and in the Exchequer Court of Canada. 11. Further powers of Commissioners in Canada. — Any Commissioner so empowered resident with- in Canada is authorized to take and receive acknowledgments or recognizances of bail and all other recognizances in the Supreme Court and in the Exchequer Court. ! { 1 \ 166 SUPREME AM) EXCHEQUER COURT 12. Before whom affidavits, &c., may be made out of Canada. — Their effect.— Any oath, affidavit, affirmation or declaration, administered, sworn, affirmed or made out of Canada, before any commissioner authorized to receive affidavits to be used in Her Majesty's High Court of Justice in England, or before any notary public and certified under his hand and official seal, or before the mayor or chief magistrate of any city, borough or town corporate in Great Britain or Ireland, or in any colony or possession of Her Majesty, out of Canada, or in any foreign country, and certified under the common seal of such city, borough or town corporate, or before a judge of any court of supreme jurisdiction in any colony or possession of Her Majesty or dependency of the Crown out of Canada, or before any consul, vice-consul, acting consul pro-consul or consular agent of her Majesty exercising his functions in any foreign place, and certified under his official seal, con- cerning any proceeding had or to be had in the Supreme Court or Exchequer Court, shall be as valid and of like effect to all intents, as if it had been administered, sworn, affirmed or made before a commissioner appointed under the tenth section of this Act. 13. Documents purporting to be under the hand and seal of such commiissioner or persons to be admitted w^ithout proof of that fact.— Any document purporting to have affixed, imprinted or subscribed thereon or thereto the signature of any commissioner ap- pointed under this Act or the signature of any such com- missioner authorized to receive affidavits to be used in Her Majesty's High Court of Justice in England, as aforesaid, or the signature, and official seal of any such notary public as aforesaid, or the signature of any such mayor or chief magistrate as aforesaid, and the common seal of the corpo- ration, or the signature of any such Judge as aforesaid, and the seal of the court, or the signature and official seal of any such consul, vice-consul, acting consul, pro-consul or consular agent as aforesaid, in testimony of any oath, affi- davit, affirmation or declaration having been administered, sworn, affirmed or made by or before him, shall be admitted in evidence without proof of any such signature or seal being the signature or the signature and seal of the person whose signature or signature and seal the same purport to be, or of the official character of such person. V COURT &c., may be ffect.--Any oath, ministered, sworn, 5 any commissioner 5d in Her Majesty's before any notary Ificlal seal, or before borough or town or in any colony or a, or in any foreign )n seal of such city, idge of any court of possession of Her out of Canada, or consul pro-consul or ng his functions in lis official seal, con- lad in the Supreme id and of like effect ed, sworn, affirmed :ed under the tenth be under the ioner or persons that fact.— Any rinted or subscribed '■ commissioner ap- of any such com- to be used in Her jland, as aforesaid, such notary public ich mayor or chief 1 seal of the corpo- ndge as aforesaid, 5 and official seal of nsul, pro-consul or of any oath, affi- been administered, I, shall be admitted nature or seal being the person whose )urport to be, or of AMENDMENT ACT. 167 14. Wilfully tendering documents vrith false seal or signature, to be perjury. — If any person tenders in evidence any such document as aforesaid with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed guilty of felony, and shall be subject to the punishment by law pro- vided for felony. 15. Informality not to be an objection to any affidavit, etc., if the Court or Judge thinks pro- per to receive it nor to be set up as a defence in case of perjury. — No informality in the heading or other formal requisites to any affidavit, declaration or affirmation made or other Act, shall be an objection to its reception in evidence taken before any person under any provision of this or any in the Supreme Court or the Exchequer Court, if the court or judge before whom it is tendered think proper to re- ceive it : and in case the same be actually sworn to, declared or affirmed by the person making the same before any person duly authorised thereto, and be received in evidence, no such informality shall be set up to defeat an indictment for perjury. APPEAL IN CONTROVERTED ELECTION CASES. 16. Supreme Court may adjudge that costs be paid wholly or in part by either party. — In controverted election appeals under * ' The Dominion Contro- verted Elections Act, 1874," the Supreme Court may adjudge the whole or any part of the costs in the court below to be paid by either of the parties. Any order directing the pay- ment of such costs shall be certified by the registrar to the court in which the petition was filed, and the same proceed- ings for the recovery of such costs may thereupon be taken in the last mentioned court as if the order for payment of costs had been made by that court or by the judge before whom the petition was tried. SPECIAL JURISDICTION. 17. Sec. 56 of 38 V. c. 11, amended.— The fifty- sixth section of ** The Supreme and Exchequer Court Act'' is hereby amended by inserting after the word ' * shall " in the third line, the words following "at the request of the parties, and may without such request if he thinks fit." |!T I 168 SUI'RKME AND KXCIIKQUER COURT 18. Sec. 68 of 38 V. c. 11, amended— Words added. - The fifty-eighth section of ** The Supreme and Exchequer Court Act," is hereby amended by adding after the words "Crown alone" in the eighth line, the words following : * And in all cases in which demand sholl be made or relief sought in respect of any matter which might in England be the subject of a suit or action in the Court of Exchequer on its plea side against any officer of the Crown : " and also by striking out the words " or any officer of the Crown " at the end of the said section. JUDGES. 19. Sec. 61 of 38 V. c. 11, amended.— The sixty- first section of ** The Supreme and Exchequer Court Act," is hereby amended by striking out the words "on its revenue side " and inserting in lieu thereof ** in similar suits." EXCHEQUER COURT REFERENCES. 20. Court may refer any mall -^ +o Registrar for certain purposes. — Tb F hequei Court may for the purposes of taking accor any cause, matter or pctitioi Act, jurisdiction, to the lieg\> Court, or to any other referee. a making rnquiries, refer or which it ->, under any ir or p iy other officer of the EXCHEQUER COURT JURORS. 21. Qualification, exemption, etc., of jurors. — The qualifications, exemptions and mode of summoning jurors shall be according to the law applicable to the Superior Courts of the Province where the issues are to be triec 22. Number of jurors to be summoned.— The number of jurors to be summoned on any panel under a writ o{ venire facias, issued pursuant to the fifteenth section o{^^The Supreme and Exchequer Court Act " shall never be less than double nor more than three limes the number of jurors re- quired in civil cases to form a jury for the trial of causes in the Superior Courts of the Province where the issues are to be tried, but within these limits, the Judge who orders the ;OURT AMKNDMKNT ACT. nded — Words The Supreme and ty addinj? after the ; words following : le made or relief ht in England be of Exchequer on wn : " and also by ie Crown " at the ded. — The sixty- uer Court Act," is '*on its revenue lilar suits." '•JCES. • to Registrar ler Court may for ng enquiries, refer it -., under any )ther officer of the IS. 3tc., of jurors. ide of summoning ble to the Superior re to be triec nfimoned.— The panel under a writ ith section of **7>%^ never be less than nber of jurors re- trial of causes in 2 the issues are to e who orders the writ of venire facias to issue, may exercise his discretion as to the number to be summoned. 23. Tales in default of jurors. —When from challenges or other causes, a complete jury for the trial of any cause cannot be obtained, the presiding Judge may direct the Sheriff or other proper officer to summon and return a tales according to the law applicable to the Superior Couits of the Province where the issues are to be tried. 24. Writs of execution in addition to those prescribed by General Rules or orders. — Inaddi- tion to any writs of execution which may be prescribed by general rules or orders, the Exchequer Court may issue writs of execution against the person or the goods, lands or other property of any party, of the same tenor and effect as those which may be issued by any of the superior courts of the province in which any judgment or order is to be executed ; and where by the law of the province a judge's order is re- quired for the issue of any writ of execution, a judge of the Exchequer Court shall, as regards like executions to issue out of that Court, have power to make a similar order. 25. In what case only a person maybe taken in «!xecution. — No person shall be taken in custody under process of execution for debt issued out of the Exchequer Court at the suit of the Crown, unless he could be taken in custody under the laws of the province in which he happens to be, in a similar case between subject and subject ; and any person taken in custody under such process may be dis- charged from imprisonment upon the same grounds as would entitle him to be discharged under the laws in force relating to imprisonment for debt in the province in which he is in custody. 26. Writs of and sales under execution. — All writs of execution against real or personal property as well those which may be prescribed by general rules and orders as those authorized by the twenty-fourth section of this Act, shall unless otherwise provided by general rule or order, be ex- ecuted as regards the property liable to execution and the mode of seizure and sale, as nearly as possible in the same manner as similar writs issued out of the Superior Courts of M I i ! } > H t I I I 160 SUPREME AND EXCHEQUER COURT the Province in which the property to be seized is situated are by the law of the Province required to be executed ; and such writs shall bind property in the same manner as such similar writs, and the rights of purchasers thereunder shall be the same as those of purchasers under such similar writs. 27. Like provision as to claims to such pro- perty or proceeds of sale. - Any claim made by any person to property seized under a writ of execution issued out of the Exchequer Court or to the proceeds of the sale of such property shall, unless otherwise provided by general rule or order, be heard and disposed of as nearly as may be according to the procedure applicable to like claims to pro- perty seized under similar writs of execution issued out of the Courts of the Province. HABEAS CORPUS. 28. Appeals in Habe is Corpus case to be heard early, etc. — An appeal to the Supreme Court in any habeas corpus matter under the said Act shall be heard at an early day whether in or out of the prescribed sessions of the Court. 29. Pow^ers of Judges in Habeas Corpus Cases. — In any habeas corpus matter under the said Act, before a Judge of the Supreme Court, and on any appeal to the Supreme Court in any habeas corpus matter under the said Act, the Judge or Court shall have the 5ame power to bail, discharge or commit the prisoner or person, or to direct him to be detained in custody or otherwise to deal with him as any Court, Judge or Justice of the Peace having jurisdic- tion in any such matters in any Province of Canada. 30. On Appeal in Habeas Corpus Cases, pri- soner need not be present in Court. — On any appeal to the Supreme Court in any habeas corpus matter under the said P% it shall not be necessary, unless the Court shall otherwise order, that any prisoner or person, on whose behalf such appeal is made, be present in Court ; but the prisoner or person shall remain in the charge or custody to which he was committed or had been remanded, or in which he was at the time of giving the notice of appeal, URT AMENDMENT ACT. 161 eized is situated e executed ; and manner as such thereunder shall ch similar writs. to such pro- m made by any execution issued ds of the sale of ded by general early as may be e claims to pro- issued out of the case to be preme Court in shall be heard scribed sessions beas Corpus sr the said Act, n any appeal to atter under the same power to •son, or to direct o deal with him having jurisdic- Canada. s Cases, pri- )urt.— On any r corpus matter ary, unless the 2r or person, on t in Court ; but arge or custody emanded, or in tice of appeal, unless at liberty on bail by order of a Judge of the Court which refused the application or of a Judge of the Supreme Court : Provided that the Supreme Court may, by writ or orderj" direct that such prisoner or person shall be brought before it. 31. Jurisdiction in Extradition Cases taken away. — So much of the said Act as confers jurisdiction, whether original or appellate, on the Supreme Court or any Judge thereof in habeas corpus matters arising out of any clahn for extradition made under any treaty, is hereby repealed. COSTS. 32. Judges may rule as to Costs against the Crown. — The Judges of the Supreme Court, or any five of them, may, under the seventy-ninth section of the said Act from time to t?me make general rules and orders for awarding and regulating costs in each of the said Courts in favor of and against the Crown as well as the subject. 33. How Costs to or against the Crow^n shall be paid. — Any costs adjudged to Her Majesty in either of the said Courts shall be paid to the Receiver- General, and the Receiver-General shall pay out of any moneys in his hands for the time being legally applicable thereto, or which may be voted by Parliament for the purpose, any costs awarded to any person against Her Majesty. CERTIORARI. 34. Writ may issue for certain purposes. — A writ of certiorari may, by order of the Supreme Court or a Judge thereof, issue out of the said Court to bring up any papers or other proceedings, had or taken before any Court, Judge or Justice of the Peace, and which may be considered necessary with a view to any inquiry, appeal or other pro- ceeding had or to be had before the Supreme Court. MISCELLANEOUS. 35. Ordors for payment of money, how en- forced. — An order in either the Supreme Court or the I I . .1; 162 SUPREME AND EXCHEQUER COURT AMENDMENT ACT. Exchequer Court for payment of money, whether for costs or otherwise, may be enforced by the same writs of execu- tion as a judgment in the Exchequer Court. 36. No attachment for non-payment only. — No attachment as for contempt shall issue in either the Supreme Court or the Exchequer Court for the non-payment of money only. 37. Judges may make Rules and Orders for carrying out this Act. — The Judges of the Supreme Court shall have the same power to make rules and orders for carrying out the purposes of this Act as they possess under the seventy-ninth section of ** The Supreme and Ex- chequer Court Act,'* in reference to the purposes of that Act, and nothing in this Act contained shall be construed to affect or impair the powers given under the said section. 38. Acts 31 Vic. ch. 34 and 33 Vic. ch. 4, as amended, to apply to Officers of the said Courts at Ottawa. — The provisions of " 77ie Canada Civil Ser- vice Act, 1868, " and any Acts amending the same, and of the * * Act for better ensuring the efficiency of the Civil Service of Canada, by providing for the superannuation of persons employed therein, in certain cases,'' and any acts amending the same, shall, so far as applicable, extend and apply to the officers, clerks and servants of the Supreme Court of Canada and of the Exchequer Court of Canada, at the seat of Government. )MF,NT ACT. her for costs its of execu- 162 a.) jnt only.— either the non-payment n s Orders for he Supreme and orders they possess wte and Ex- \ of that Act, rued to affect m. 5. ch. 4, as lid Courts !a Civil Ser- same, and of Civil Service n of persons ts amending apply to the rt of Canada the seat of 42 VICTORIA. CHAP. XXXIX. .•Xti- FURTHER TO AMEXD " THE SUPREME AND EXCHEQUER COURT ACT." lAnsented to loth May, 1879.] PREAMBLE. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :— 1. Appeal In eqaity cases, or In the nature ot equity cases, oi'iKli>*^lly instituted in any Superior Court, in any ProYlnce except Quebec— Subject to the provisions hereinafter contained, an appeal shall lie to the Supreme Court of Canada from any decree, decretal order, or order made in any suit, cause, matter, or other judicial proceeding originally instituted in any Superior Court of equity in any Pro- vince ot Canada, other than the Province of Quebec, and from any decree, decretal order, or order in any action, suit, cause, matter, or judicial proceeding in the nature of a suit or pro- ceeding in equity which shall have been originally instituted in any Superior Court in any Province of Canada, other than the Province ot Quebec. it. No appeal from orders made in exercise of judi- cial discretion. £xception, as to equity cases.— No appeal shall lie from any order made in any action, suit, cause, matter or other judicial proceeding which shall have been made in the exercise of the judicial discretion of the Court or Judge making the same ; but this exception shall not include decrees and decretal orders in suits, causes, matters, or other judicial proceedings in equity, or in actions, or suits, causes, matters, or other judicial proceedings in the nature of suits or proceedings in equity instituted in any Superiui Court. I 162 (b) SrPREME COURT AMEKDMENT ACT OP 1879. 'l 3t Appeal from final jndsments only in Superior Courts of liaur. Except in 4|Hebec.— An appeal shall lie from final judgments only in actions, suits, causes, matters and other judicial proceedings originally instituted in the Superior Court of the Province of Quebec, or originally instituted in a Superior Court of common law in any of the Provinces of Canada other than the Province of Quebec. 4. Appeal from motica to set asitle, only Tray of appeal from award.— An appeal shall lie to the Supreme Court from the judgment, rule, order or decision upon any motion to set aside an award, or upon any motion by way of appeal from an award made in any Superior Court of law or equity in any of the Provinces of Canada other than the Province of Quebec. 5> Appeal to lie only to highest Court of last resort in the the proTlnce, Except, &c.— Except as hereinafter pro- vided for, no appeal shall lie to the Supreme Court, but from the highest Court of last resort having jurisdiction in the Province in which the action, suit, cause, matter or other judicial proceeding was originally instituted, whether the judgment or decision in such action, suit, cause, matter or other judicial proceeding may or may not have been a proper subject of appeal to such highest Court of last resort. 6* Appeal by leave* from final judgment of a Superior Court, vrithont intermediate appeal to Prorinclal Court of Appeal. Except iu Quebec— An appeal shall lie to thd said Supreme Court by leave of the said last-mentioned Court, or a Judge thereof, from any decree, decretal order, or order made or pronounced by a Superior Court of equity, or made or pronounced by any equity Judge or by any Superior Court in any action, cause, matter or other judicial proceeding in the nature of a suit or proceeding in equity, and from the final judgment of any Superior Court of any Province other than the Province of Quebec, in any action, suit, cause, matter or other judicial proceeding originally commenced in such Superior Court, without any intermediate appeal being had to any intermediate Court of Appeal in the Province. 7» Preceding section not to prerent appeals in equit; cases, abore provided for.— Nothing in the next preceding section contained shall be taken to prejudice or affect the appeal as of right from all final judgments, and from decrees, decretal orders, and orders in suits, causes and matters or other judicial proceedings in equity, already provided for by this Act. 8. Provision as to amount or nature of matter in controversy in Quebec— No appeal shall be allowed from any judgment rendered in the Province of Quebec in any action, suit, cause, matter, or other judicial proceeding, \« herein the matter in controversy does not amount to the sum or value of two thousand dollars, unless such matter, if less than that amount, involves the question of thelvalidity of an^ct of the Parliament of Canada, or of the Legislature of any of the Provinces of Canada, or of an Ordinance or Act of any of the Councils or Legislative bodies of any of the Territories or Districts of Canada, or relates to any fee SnPREME COURT AMENDMEKT ACT OP 1879. 162 (c) Siiperioi* I shall lie latters and e Superior ituted in a of Canada r iray of ) Supreme my motion ppeal from y in any of aebec. ist resort nafter pro- it from the rovince in jproceeding ion in such ing may or ch highest Superior rovincini !al shall lie ■mentioned il order, or equity, or ly Superior proceeding >m the final ar than the er or other srior Court, termediate in equity E receding e appeal Bs, decretal ber judicial natter in d from any ction, suit, derein the ilue of two at amount, rliamentof Canada, or Ltive bodies s to any fee of office, duty, rent, revenue or any sum of money payable to Her Majesty, or to any title to lands or tenements, annual rents or such like matters or things where the rights in future might be bound ; Provided that suca appeals shall be from the Court of Queen's Bench only. 9. Interpretation of words ** Anal judgment.**— The words " final judgment " in this Act contained, mean any judg- ment, rule, order or decision, whereby the action, suit, causey matter or other judicial proceeding, is finally determined and concluded. 10. Appeal on preliminary objection to ak.' Election Petition in certain cases. Proviso* appeal not to operate as stay of proceedlniK«. Proviso as to cases in litiKa* tion. — An appeal shall lie to the Supreme Court from the judg* ment, rule, order or decision of any Court or Judge on any preliminary objection to an Election Petition, the allowance of of which shall have been final and conclusive, and which shall have put peal in the last-mentioned case shall not operate as a stay of proceedings or to delay the trial of the 1)etition, unless the Court, or a Judge of the Court appealed rom. shall so order ; and jjrovided also, that no appeals shall bo allowed under this section in cases in litigation and now Sending, except cases when the appeal has been allowed and duly led. 11. Appeals in certain classes of cases not aflTected.— Appeals in Exchequer cases, cases of rules for new trials and cases of mandamus, habeas corpus and municipal by-laws shall not be in way affected by the provisions of this Act, 13. As to administration of oath of office to a Judge of the Court. — The oath of office to be taken by a Judge of the said Supreme and Exchequer Court previously to his exercising the duties of his office as reauired by " The Supreme and Exchequer ijourt AcU^* may in the absence or illness of the Chief Justice, be administered by any other Judge of the Court present at Ottawa. 13. Intent of Act as to appeals in cases in equity or in the nature of cases in equity, declared. — It is hereby declared that the true construction and meaning of the said Supreme and Exchequer Court Act shall be taken and deemed to nave been and to be that all orders, decretal orders, decrees and decisions of any Superior Court made in any suit, cause, matter or other judicial proceeding in equity, or in any action, suit, cause, matter or other judicial proceeding in the nature of a suit or proceeding in equity are, and always have been, the proper sub- jects of appeal to the said Supreme Court, subject, nowever, to the provision in the said Act contained, that an appeal shall lie only from the highest Court of final resort in the Province ; Pro- vided always, that nothing herein contained shall apply to any case already argued and now standing for judgment, or to any eatfe set down for hearing, to which objection as to the jurisdiction of the Court has been made. 162 (rf) SUPREME COURT AMCyDMENT ACTT OF 1S7J>. 14. Section 31 of the S. C A. amended. -Section thirty- one of " The Supreme and Ejcchequer Court Act " is hereby ameud- ed by inserting after the word '" thereof," in the sixtli line, tho words, " or to tho satisfuetioa of the Supreme Oourt or a Judge " thereof." 13. Appeals for hearing* hovr to be entered by Res* Istrar.-The appeals set down for hearing shall bo entered, by the Registrar of the Oourt, on a list, divided into three parts, and to be numbered and headed as follows : " Number one. Maritime Province cases ;" '* Number two, Quebec cases;" Number three, Ontario cases." And it shall be the duty of the Registrar to enter all cases from the Maritime Provinces on part numbered one, and all cases from the Province of Quebec on part numbered twu, and all cases from the Provinces of Ontario, Manitoba and liritish Columbia on part numbered three, in the order in which they are respectively received ; and the said cases shall be taken and dis- posed of in the order in which they are so entered, unless other- wise ordered by the Court. 16. Court to hold three sessions annually.- Section thirteeen of " The Supreme and Exchequer Court Act,^^ is hereby repealed, and the following is substituted in lieu thereof:— "■ 13. The said Supreme Court, for the purpose of hearing and "determining appeals, shall hold annually, at the City of Ottawa, " three sessions ; the first beginning on the third Tuesday of Feb- "ruary ; the second, on the first Tuesday in May, and the third» " on the fourth Tuesdiiy in October, in each year, and each of the *' said sessions shall bo continued until the business before tho *' Court shall have been disposed of." 17. June session of present year not to be Interefered ^rlth.— Section sixteen of the Act shall not apply to interfere in any way with the sitting of the -said Court about to be held in the month of June in the present year, which shall be held as if section Sixteen of this Act had not been passed. 18. Section Itl of S. €)• A. aincn«led. Proviso as to reading judgment of absent judges.— Section 12 (twelve) of the said Act, passed in the thirty-eighth year of Her Maj- esty's Reign, is hereby amended by adding thereto the following proviso, wkich shall be read as if the same had been originally part of su^ twelfth section :— Provided always, that it shall not be necessary for all the Judges who may have heard the argument in any otise to bo present in order to constitute the Court for delivery of judgment in such case, but that notwithstanding tho absence of any of such Judges^ from illness or any other cause, judgment may be delivered by a majority of the Judges who were present at the hearing of the appeal, and any of the Judges who may have heard the appeal, and may be absent at the delivery of judgment, may cause to be delivered to any Judge present at the delivery of judgment, his judgment in writing, to be read or announced in open Court, and then delivered to or left with the Registrar or Reporter of the Court, 19. Short Tltie.-This Act may be cited as " The Supreme Court Amendment Act o/"1879." ^«l^ ^^ — ^' (162 e) 43 VICTORIA. CHAP. XXXIV. (Stats. 1880, page 250.) FURTHER TO AMEND "THE SUPREME AND EXCHEQUER COURT ACT." [Assented to jth May, 1880.] PREAMBLE. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1. Necessary amendments may be made pend- ing appeal. — At any time during the pending of any appeal before the Supreme Court, the Court may, upon the application of any of the parties, or without any such application, make all such amendments as may be neces- sary for the purpose of determining the existing appeals, or the real question or controversy between the parties as disclosed by the pleadings, evidence or proceedings. 2. At whose instance amendment may l>e made. — Any such amendment may be made whether the necessity for the same is, or is not, occasioned by the defect, error, act, default, or neglect of the party applying to amend. ! V I !. v. , SUPREME COURT AMENDMENT ACT OF 1880. l62(/.) 9» As to eostSf eto. — All such amendments shall be made upon such terms as to payment of costs, post- poning the hearing and otherwise, as to the Court may seem just. 4. 8«otlon 22 of 38 Vlo., oh. li, ropoalod.— Sec- tion twenty-two of the *' The Supreme and Exchequer Court Act " is hereby repealed, and the following section is substituted therefor : — " 22. New trial may bo ordorod.— In all cases of appeal the Court may, in its discretion, order a new trial, if the ends of justice may seem to require it, although such new trial may be deemed necessary upon the ground that the verdict is against the weight of evidence." B. Short titlo.— This Act may be cited as " The Supreme and Exchequer Court Amendment Act, 1880." MS '• MS. MANUSCRIPT NOTES. 163 If 1 194 MANUSCRIPT NOTES, MS. . PETITION OF RIGHT ACT, 1876. vV 166 MANUSCRIPT NOTES. MS. I' / 3 9 VKJTORIA. ■603- CHAP. XXVII. -M»- -A-iq- .A.OT TO MAKE FURTHER PROVISION FOR THE INSTITUTION OF SUITS AGAINST THE OROWN BY PETITION OF RIGHT. Sbction 1. 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. [Assented to i2th Aprils iS^6.] Preamble.— 3S Vic, chap 12.-38 Vic, chap. 11. 38 Vic, chap. 12, repealed. Form of petition of right. To be left for Governor's ^a«, without fee. Where and how to be filed, &c, &tterjiat. No preliminary inquisition. —Time for filing defence or demurrer. Service on other parties affected by the petition. - scire facias.— Time for defence or demurrer. What defence may be raised. Certain issues triable without a jury. Where the trial may be had and evidence taken. Judgment by default on either .side.— Proviso : may set aside on terms. Form of judgment. If for suppliant, to have effect of amoveaa manus. Provisions of 38 Vic, chap. 11, to apply. Judges of Supreme Court to make rules, &c.— To what such rules may extend.— Their effect.— To be laid before Parliament.— May be suspended by Governor in Council or either House of Parliament. English rules to apply in default of rules under this Act. Payment of costs against Crown. 11 K No be 168 I'KTrrioN OF RIGHT ACT, 1876. Sec. 17. 18. 19. 20. 21. 22. Costs may be awarded to sikopl'ant against Crown or other party. — How recoverable. — Judgment for relief or order for costs to suppliant to be certified to Receiver- General. — Certificate mp.y be left with Minister of Finance. Payment b} Receiver-General. Act not to a£Fect Her Majesty's prerogative rights — (2) — Prevent proceeding as heretofore ; (3) — give remedy not allowed in England before 23 and 24 Vic. , chap. 34, or, in any case referred to arbitration under statute. As to petitions of right presented under 38 Vic, chap. 12. Interpretation "relief."— "Court."— "Judge " Short title. Preamble. — Whereas, since the passing of the ^'■Pe- tition of Right Act, Canucia, 1875," ** The Supreme and Excheque)' Court Act " has come into force : and whereas it is expedient to make further and other provision for the in- stitution of suits against the Crown in Canada by petition of right : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : 1. 38 Vic. ch, 12.—** The Petition of Right Act, Canada, 1875," i^ hereby repealed. 2. Form of Petition of Right. — A petition of right may be addressed to Her Majesty to the effect of the form No. I in the schedule to this Act annexed. 3. To be left for Governor's flat, without fee. — The petition shall be left with the Secretary of State of Canada, for submission to the Governor General in order that he may consider it, and, if he shall think fit, grant his fiat that right be done ; and nothing shall be payable by the suppliant on leaving or upon receiving back the petition. 4. "Where and how to be filed, etc., after fiat. — Upon the Governor General's fiat being obtained the petition and fiat shall be filed in the Exchequer Court of Canada, which Court shall have exclusive original cognizance of such petitions and thereafter a copy of the petition and fiat shall be left at the office of Her Majesty's Attorney General of Canada, with an endorsement thereon to the effect of the form No. 2 in the schedule to this Act annexed. 4» PETITION OF RIGHT ACT, 1876. 169 r 5. No preliminary inquisition — Time for filing defence or demurrer. — There shall be no pre- liminary inquisition finding the truth of the petition, or the right of the suppliant, but the statement in defence or de- murrer, or both, shall be filed within four weeks after service, or such further time as shall be allowed by tlie Court, or a Judge. 6. Service on other parties affected by the petition. — In case the petition be presented for the re- covery of any real or personal property, or any right in or to the same, which shall have been granted away or disposed of by or on behalf of Her Majesty, or Her Predecessors, a copy of the petition and fiat shall be served upon or left at the last, or usual or last known place of abode of the person in the possession or occupation of such property or right, en- dorsed with a notice to the effect of the form No. 3 set forth in the schedule to this Act annexed ; and it shall not be ne- cessary to issue any scire facias or other process to such person for the purpose of requiring him to file his statement in defence, but if he intend to contest the petition he shall within four weeks after such service or leaving as aforesaid, or such further time as shall be allowed by the Court or a Judge, file his statement in defence, or demurrer, or both. 7. "What defence may be raised. — The statemen ^ in defence, or demurrer may raise, besides any legal or equitable defences in fact or in law available under this Act, any legal or equitable defences which would have been available had the proceeding been a suit or action in a com- petent Court between subject and subject, and any grounds of defence which would be sufficient on behalf of Her Majesty, may be alleged on behalf of any such person, as aforesaid. » 8. Certai n issues triable without a j ury . —Any issue of fact or assessment of damages to be tried or had under this Act, shall be tried or had by a Judge without a jury. 9. "Where the trial may be had and evidence taken. — The trial of any issue of fact or assessment of damages may by order of the Court or a Judge, be had 170 PETITION OF RIGHT ACT, 1876. ti partly at one place and partly at another ; and the evidence of any witness may, by like order, be taken by commission or on examination or affidavit. 10. Judgment by default on either side. — In case of failure on behalf of Her Majesty or of such other per- son as aforesaid, to file a statement in defence or demurrer in due time, the suppliant shall be at liberty to apply to the Court or a Judge for an order that the petition may be taken as confessed ; and it shall be lawful for the Court or Judge, on being satisfied that there has been such failure, to order that the petition be taken as confessed as aganist Her Majesty, or such other person, and thereupon the suppliant may have judgment ; Provided always that such judgment may afterwards be set aside by the Court or a Judge, in their or his discretion, upon such terms as to them or him shall seem fit. 11. Form of judgment. — The judgment on every petition of right, shall be that the suppliant is not entitled to any portion, or that he is entitled to the whole or to some specified portion of the relief sought by his petition, or to such other relief, and upon such terms and conditions, if any as may be just. 12. If for suppliant, to have effect'of amoveas manus. — In all cases in which the judgment commonly called a judgment of amoveas manus, was formerly given in England upon a petition ot right, a judgment that the suppliant is entitled to relief as herein provided, shall be of the same effect as such judgment of amoveas manus. 13. Provisions of 38 Vic. ch, 11, to apply, — All the provisions of " The Supreme and Exchequer Court Act" not inconsistent with this Act shall extend and apply to the jurisdiction by this Act conferred in like manner as if such jurisdiction had been conferred on the Exchequer Court by the fifty-eighth section of the said Act. 14. Judges of Supreme Court to make rules, etc. — The Judges of the Supreme Court or any five of them may, from time to time make general rules and orders for regulating in every particular the pleading, practice, pro- cedure and costs on petitions of right, and for the effectual r I'ETITTOiN OF RIGHT ACT, 1 876. m r execution and working cf this Act and the attainment of the intention and object thereof, and may from time to time a!ter and amend any rules and orders, and make other rules and orders instead thereof; and such rules and orders may ex- tend as well to matters provided for as to any matter not pro- vid :d for by this Aci, but for which it may be found necessary to provide in order to ensure the proper working of this Act and the better attainment of the objects thereof ; and all such rules and orders (being consistent with such express provisions of this Act as are not subject to alteration by ri les or orders) shall have the force and effect cf law ; Provided that copies of all such rules and orders shall be laid before both Houses of Parliament at the next session thereof ; Provided also that it shall be lawful for the Governor-General in Council by proclamation inserted in the Canada Gazette, or for either House of Parliament by any resolution passed at any time within thirty days after such Rules and Orders have been laid before Parliament, to suspend any rule or order made under this Act, and such rule or order shall thereupon cease to have force or effect until the end of the then next session of Parliament. 15. English rules to apply in default of rules under this Act. — In default of other provision either by this Act or by general rules and orders made under the autho- rity of this Act, the rules of pleading, practice and procedure in force with regard to petitions of right in England shall, as to all matters, including the question of costs, so far as appli- cable, and unless the court or a judge otherwise order, apply and extend to a petition of right filed hereunder. 16. Payment of costs against the Grown. — Any costs adjudged to Her Majesty on a petition of right shall be paid to the Receiver General. 17. Costs may be awarded to suppliant against Crow^n or other party. — HoMr recover- able, &c. — Upon any such petition of right, the sup- pliant shall be entitled to costs against Her Majesty, and also against any other person appearing or plead- ing or answering to any such petition of right, in like manner and subject to the same rules, regulations and pro- visions, restrictions and discretion, so far as they are appli- 'ii '1. 17 iMnrrioN of right act, 1S76. cable, as are or may be usually adopted, or in force, touching the right to recover costs in proceedings between subject and subject ; and for the recover}' of any such costs from any such person, other than Her Majesty, appearing or pleading or answering in pursuance hereof to any such petition of right, such and the same remedies and writs of execution as are authorized for enforcing payment of costs upon rules, orders, decrees or judgments in personal actions between subject and subject, shall and may be prosecuted, sued out, and executed on behalf of such suppliant, and whenever on a petition of right judgment is given that the suppliant is entitled to relief and there is no appeal, and whenever upon appeal judgment is affirmed or given that the suppliant is entitled to relief, and whenever any rule or order is made, entitling the sup- pliant to costs, any judge shall upon application after the lapse of fourteen days from the making, giving, or affirming of such judgment, rule or order, certify to the Receiver General the tenor and purport of the same, to the effect of the form No. 4 in the schedule to this Act annexed, and such certificate may be sent to, or left at the office of the Minister of Finance. 18. Payment by Receiver General. — The Re- ceiver General shall pay out of any moneys in his hands for the time being legally applicable thereto, or which may be there- after voted by Parliament for that purpose, the amount of any moneys or costs which shall have been so certified to him to be due to any suppliant. 19. Act not to affect HerMajesty'sprerogative rights. — Prevent proceeding as heretofore, or. — Give remedy not allowed in England before 23 & 24 Vic. ch. 34, or in any case referred to arbi- tration under Statute. — Nothing in this Act contained shall.— I. Prejudice or limit otherwise than is herein provided, the rights, privileges or prerogatives of Her Majesty or Her Successors ; or 2 Prevent any suppliant from proceeding as before the passing of this Act ; or 3. Give to the subject any remedy against the crown {a) PETITION OF RIGHT ACT, 1876. 173 in any case in which he would not have been en- titled to such remedy in England under similar cir- cumstances by the laws in force there prior to the passing of the Imperial Statute twenty-third and twenty-fourth Victoria, chapter thirty-four, inti- tuled : ** An act to amend the law relating to Peti- tions of Rights to simplify the proceedings and to make promsions for the costs thereof^'' or (b) in any case in which, either before or within two months after the presentation of the petition, the claim is, under the statues in that behalf, referred to arbitration by the head of the proper department, who is hereby authorized with the approval of the Governor in Council to make such reference upon any petition of right. 20. As to petitions of right presented under 38 Vic. ch. 12. — All petitions of right which may have been presented under the provisions of the Act hereby re- pealed shall be held and taken to be presented under this Act at the expiration of thirty days from the passing hereof, and shall be by the Secretary of State entitled in the Exche- quer Court of Canada. 21. Interpretation — "Relief "— "Court" — " Judge." — The word "relief" comprehends every species of relief claimed or prayed for in a petition of right, whether a restitution of any incorporal right, or a return of lands or chattels or a payment of money or damages or otherwise ; The word "court " means the Exchequer Court of Canada, and the word "judge " means the chief justice or any judge of the same court, unless tliere be any thing in the context indicating that such words are used in another sense. 22. Short title. — In citing this Act it shall be suffi- cient to use the words " The Petition of Right Act 1876." 17* PETITION OF RIGHT ACT, 1876. "!i ^n SCHEDULE FORMS REFERRED TO IN THE FOREGOING ACT. No. I. PETITION OF RIGHT. In the Exchequer Court of Canada, To the Queen s most Excellent Majesty : County {or District) of {place proposed for trial) to wit : The humble petition of A. B. of showeth that (i.' ite with convenient certainty the facts on ivhich petitioner relies as entitling hi?n to relief). CONCLUSION. Your suppliant therefore humbly prays that (state the relief claimed. ) Dated day of A. D (Signed) A. B. or CD., Counsel for A. B. No 2. The suppliant prays for a statement in defence on behalf of Her Majesty, within four weeks after the date of service hereof, or otherwise that the petition may be taken as con- fessed. No. 3. To A. B. You are hereby required to ule a statement in defence to the within petition in Her Majesty's Exchequer Court of Canada within four weeks after the date of service hereof. Take notice, that if you fail to {ile a statement in defence or demurrer in due time, the said petition may, as against you, be ordered to be taken as confessed. Dated the day of A. D. No. 4. To the Honourable the Receiver General. Petition of right of A. B. in Her Majesty's Exchequer Court of Canada at I hereby certify that on the day of A. D it was by the said Court adjudged (^r ordered) that the above named suppliant was entitled to, etc. {Judges signature. ) ■1: I ii 176 MANUSCRIPT NOTES. MS SUPREME COURT RULES. 9^ mmammm 178 M AN U SCR ITT NOTES. MS. 1, i RULES AND ORDERS FOR REGULATING THE PROCEDURE OF THE SUPREME COURT OF CANADA. RlTIiB i 1. 2. 3. 4. 5 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23 24. 25. TABLE OF RULES. Filing Case. Case to contain reasons for judgment. Case to contain copy of any order enlarging time. Case may be remitted to Court below. Motion to dismiss for delay. Certificate of security given. Case to be printed and twenty-five copies to be deposited with Registrar. Form of case. Case not to be filed unless rules complied with. Certified copies of original documents and exliibits to be de- posited with Re^ istrar. Notice of hearing of appeal. Special notice convening Court, form of. , Form of notice of hearing. When to be served. ' How notice of hearing to be served. "The Agent's Book." Suggestion by Respondent who appears in person. If no suggestion filed. Suggestion by Respondent who elects to appear by Attonuy. Election of domicile by Respondent who appears in person. Service when Respondent appears in person without electing domicile. Changing Attoniey or Solicitor. Factums to be deposited with Registrar. What to contain. IIow to be printed. ^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 l^|28 |2.5 ^ U^ 12.2 :: lis. |2£ m 114 11.6 ^ oS. w ^J> ^J^" •^ 7 y M Photographic Sdences Corporation 23 WIST MAIN STRUT WEftSTIR.N.Y. 14SS0 (716) •72-4503 v^o 180 SUPREME COURT RULES. RULF.2G. Motion bv Restmndent to dismiss appeal on ground of delay in filing factum. 27. Appellant may inscribe ex parte if factum not filed. 28. Setting aside inscription ex parte. 29. Registrar to seal up factums first deposited. 30. Interchange of factums. 31. Registrar to inscribe appeals for hearing. 32. Counsel at hearing. 33. Postponement of hearing. 34. Default by parties in attending hearing. 35. How orders to be signed and dated. 30. Adding parties by suggestion. 37. Suggestion may be set aside. 38. Determining questions of fact arising on motion. 39. Motions. 40. Notice of motion how served. 41. Aflld vits in support of motion. 42. Giving further time. 43. Setting down motions. 44. Appeal abandoned by delay. 45. Rules applicable to exchequer appeals. 46. Rules not applicable to criminal appeals, nor habeas corpus. 47. Case in criminal appeals and habeas corpus. 48. When case to be filed. 40. Notice of hearing in criminal appeals and in appeals in matter:-: of habeas corpus. 50. Preceding rules not applicable in election cases. 51. Printing record in election appeals. 52. Copies of record. 53. Factum in election appeals. 54. When to be deposited. 53. Order dispensing with printing of record or factum in election appeals. 56. Fees to be paid Registrar. 57. Costs. 58. Court or Judge may order payment of fixed sums for costs. 59. How payment of costs may be enforced. GO. Contempts, how punished. ' 61. Cross appeals. 62. Notice to be given. 63. Factum in cross appeals. 64. Translation of factum. 65. Translation of judgments and opinion of the Judges of Court below. 66. Payment of money into Court. 67. Payment of money out of Court. 68. How made 69. Formal objections. 70. Extending or abridging time. 71. Registrar to keep necessary books. 72. Computation of time. 73. Adjournment if no quorum. 74. Christmas vacation. 75. Long vacation. 76 & 77. Interpretation. " V T SUPREME COURT RULES. 181 In pursuance of the provisions contained in the 79th section of the 38th Victoria, chapter 11, intituled "An Act to establish a Supreme Court and a Court of Exchequer for the Dominion of Canada," it is ordered that the following rules in respect of the matters hereafter mentioned shall be in force in the Supreme Court of Canada : SUPREME COURT. APPEALS. RULE 1. Filing Case.— The first proceeding in appeal in this Court shall be the filing in the office of the Registrar of a case, pursuant to section 29 of the Act, certified under the seal of the Court appealed from. The Registrar or Clerk of the Court appealed from should be care- ful to comply with the section of the statute referred to. For the sake of procuring uniformity in the certificates received from the various Courts, a form is here given. FORM OF CERTIFICATE REQUIRED BY RULE 1 In tub Court of Appeal. [or at the case may be]. Canada, ) Province of Ontario. / [or at the cate may bt]. Plaintiffs (Appellantt); And Defendantt {Retpondenti). I, the undersigned Registrar [or as the case m^y be} of the above Court, hereby certify to the Registrar of the Supreme Court of Canada that the foregoing document from page to inclusive is the case stated and agreed upon by the parties [or settled by the 182 SUPREME COURT RULES. Honorable Mr. Justice , as the case may be] pursuant to section 20 uf the Supi'enie and Exchequer Court Act and the Rules of Practice of the Supreme Court of Canada for the purpose of an appeal to the said Supreme Court in a certain cause in the Court of Appeal for Ontario [or as the ease may be], wherein were plaintifTs [appellants or respondents, as the case uiay be] and defendants [respondents or appellants, as the case may be]. In Tkstimont whbrrof, &c. [1^.8.1 RULE 2 Case to contain reasons for judgment. — The case, in addition to the proceedings mentioned in the said section 29, shall invariably contain a transcript of all the opinions or reasons for their j»idgment delivered by the Judges of the Court or Courts below, or an affidavit that such reasons cannot be procured, with a statement of the efforts made to procure the same. RULE 3. Case to contain copy of any order enlarging time. — The case shall also contain a copy of any order which may have been made by the Court below or any Judge thereof enlarging the time for appealing. RULE 4. Case ma^ bejremitted to Court below.— The Court, or a Judge thereof, may order the case to be remitted to the Court below, in order that it may be made more com- plete by the addition thereto of further matter. RULE 5. Motion to dismiss for delay. — If the appellant does not file his case in appeal with the Registrar within one month after the security required by the Act shall be allowed, he shall be considered as not duly prosecuting his appeal, and the respondent may move to dismiss the appeal pursuant to section 41 of the Act. t I T . SUPREME COURT RULES. 183 RULE 6. Certificate of security given. — The case shall be accompanied by a certificate under the seal of the Court below, stating that the appellant has given proper security to the satisfaction of the Court whose judgment is appealed from, or of a Judge thereof, and setting forth the nature of the security to the amount of five hundred dollars, as re- quired by the thirty-first section of the said Act, and a copy of any bond or other instrument by which security may have been given shall be annexed to the certificate. - RULE 7. Case to be printed and 25 copies depo- sited with Registrar.— The case shall be printed by the party appellant, and twenty-five printed copies thereof shall be deposited with the Registrar for the use of the Judges and officers of the Court, No provision has been made for the delivery of copies of the printed case to the respondent. But a refusal by appellant's solicitor to deliver several copies to the respondent's solicitor would probably not be looked upon with much favor by the Court, especially if the expense of printing such additional copies were tendered. RULE 8. Form of Case. — The case shall be in demy quarto form. It shall be printed on paper of good quality, and on one side of the paper only, and the type shall be small pica leaded, and the size of the case s'.iali be eleven inches by eight and one-half inches, and every tenth line shall be numbered in the margin. An index to the pleadings, depo- sitions and other principal matters shall be added. RULE 9. Case not to be filed unless rules complied with. — The Registrar shall not file the case without the leave of the Court or a Judge, if the foregoing order has not been complied with, nor if it shall appear that the press has not been properly corrected, and no costs shall be taxed for any case not prepared in accordance with this order. 12 L 184 SUPREME COURT RULES. RULE 10. Certified copies of original Documents and Exhibits to be deposited with Registrar. — To- gether with the case, certified copies of all original docu- ments and exhibits used in evidence in the Court of first instance, are to be deposited with the Registrar, unless their production shall be dispensed with by order of a Judge of this Court ; but the Court or a Judge may order that all or any of the originals shall be transmitted by the officer hav- ing the custody thereof to the Registrar of this Court, in which case the appellant shall pay the postage for such transmission. RULE 11. Notice of hearing of appeal.— Immediately after the filing of the case, a notice of the hearing of le appeal shall be given by the appellant for the next follov. mg session of the Court as fixed by the Act, or as specially convened for hearing appeals according to the provisions thereof, if sufficient time shall intervene for that purpose, and if between the filing of the case and the first day of the next ensuing session there shall not be sufficient time to enable the appel- lant to serve the notice as hereinafter prescribed, then such notice of hearing shall be given for the session following the then next ensuing session. RULE 12. Special notice convening Court, form of.— The notice convening the Court under section 14 of the Act for the purpose of hearing election or criminal appeals, or appeals in matters of habeas corpus^ or for other purposes, shall, pursuant to the directions of the Chief Justice or Senior Puisne Judge, as the case may be, be published by the Registrar in the Canada Gazette^ and shall be inserted therein for such time before the day appointed for such special session as the said Chief Justice or Senior Puisne Judge may direct, and may be in the form given in Schedule A to these Rules appended. SUPREMK COURT RULES. 185 RUL.E 13. Form of notice of hearing.— The notice of hear- ing may be in the form given in Schedule B to these Kules appended. RULE 14. When to he served. — The notice of hearing shall be served at least one month before the first day of the session at which the appeal is to be heard. RULE 15. How notice of hearing to be served. — Such notice shall be served on the attorney or solicitor who shall have represented the respondent in the Court below, at his usual place of business, or on the booked agent, or a*^ the elected domicile of such attorney or solicitor at the City of Ottawa, and if such attorney or solicitor shall have no booked agent or elected domicile at the City of Ottawa, the notice may be served by affixing the same in some conspicuous place in the office of the Registrar, and mailing a copy thereof prepaid to the address of such attorney or solicitor in sufficient time to reach hira in due course of mail before the time required for service. • RULE 16. " The Agent's Book."— There shall be kept in the office of the Registrar of this Court a book to be called ••The Agent's Book," in which all advocates, solicitors, attornies and proctors practising in the said Supreme Court may enter the name of an agent (such agent being himself a person entitled to practice in the said Court) at the said City of Ottawa, or elect a domicile at the said city. RULE 17. Suggestion by Respondent who appears in person. — In case any respondent who may have been rep- resented by attorney or solicitor in the Court below, shall desire to appear in person in the appeal, he shall immedi- 186 SUPREME COURT RULES. ately after the allowance by the Court appealed from or a Judge thereof of the security required by the Act, file with the Registrar a suggestion in the form following : (< A. V. B. "I, A. B., intend to appear in person in this appeal. (Signed), A. B." RULE 18. If no suggestion filed.— If no such suggestion shall be filed, and until an order shall have been obtained as herein- after provided for a change of solicitor or attorney, the solicitor or attorney who appeared for any party respondent in the Court below shall be deemed to be his solicitor or attorney in the appeal to this Court. RULE 19. Suggestion by Respondent who elects to ap- pear by attorney. — When a respondent has appeared in person in the Court below he may elect to appear by attor- ney or solicitor in the appeal, in which case the attorney or solicitor shall file a suggestion to that effect in the office of the Registrar, and thereafter the notice of hearing and all other papers are to be served on such attorney or solicitor as hereinbefore provided. RULE 20. Election of domicile by respondent who ap- pears in person. — A respondent who appears in person may, by a suggestion filed in the Registrar's office, elect some domicile or place at the City of Ottawa, at which all notices and papers may be served upon him, in which case service at such place of the notice of hearing and all other notices and papers shall be deemed good service on the re- spondent. RULE 21. Service when respondent appears in person without electing domicile. — In case the respondent SUPREME COURT RULES. 187 shall have appeared in person in the Court appealetl from, or shall have filed a suggestion pursuant to Rule 17, shall not, before service, have elected a domicile at the City of Ottawa, the notice of hearing may be served by affixing the same in some conspicuous place in the office of the Registrar. RULK 22. Changing Attorney or Solicitor.— Any party to an appeal may on an ex parte application to a Judge obtain an order to change his attorney or solicitor, and after service of such order on the opposite party, all services of notices and other papers are to be made on the new attorney or solicitor. FACTUMS. RULE 23. Factums to be deposited with Registrar.— At least one month before the first day of the session at which the appeal is to be heard the parties appellant and respon- dent shall each deposit with the Registrar, for the use of the Court and its officers twenty-five copies of his factum or points for argument in appeal. RULE 24. What to contain. — The factum or points for argument in appeal shall contain a concise statement of the facts, and of the points of law intended to be relied on, and of the arguments and authorities to be urged and cited at the hear- ing arranged under the appropriate heads. RULE 25. Ho"W to be printed.— The factum or points for argu- ment in appeal shall be printed in the same form and man- ner as hereinbefore provided for with regard to the case in appeal, and shall not be received by the Registrar unless the requirements hereinbefore contained, as regards the case, are all complied with. 188 SUl'KEMK COURT RULES. RULE 26. Motion by respondent to dismiss appeal on ground of delay in filing factum. — If the appellant does not deposit his factum or points for argument in appeal within ihe time limited by Order 23, the respondent shall be at liberty to move to dismiss the appeal on the ground of undue delay, as provided for by section 41 of the Act. RULE 27. Appellant may inscribe ex parte if factum not filed. — If the respondent fails to deposit his factum or points for argument in appeal within the said prescribed period, the appellant may set down or inscribe the cause for hearing ex parte. (See Rule 31). RULE 28. Setting aside inscription ex parte. — Such setting down or inscription ex parte may le set aside or discharged upon an application to a Judge in Chambers sufficiently sup- ported by affidavits. RULE 29. Registrar to seal up factums first deposited. — The factum or points for argument in appeal first deposited with the Registrar shall be kept by him under seal, and shall in no case be communicated to the opposite party until the latter shall himself bring in and deposit his own factum or points. RULE 30. Interchange of factums. — So soon as both parties shall have deposited their said factum or points in argument in appeal, each party shall, at the request of the other, de- liver to him three copies of his said factum or points. tf SUI'REME COURT RULES. 189 L^- ixscRirrioN of appeal. RULE 31. Registrar to inscribe appeals for hearing.— Appeals shall be set down or inscribed for hearini; in a book to be kept for that purpose by the Registrar at least one month before the first day of the session of the Court fixed for the hearing of the appeal. The appeal cannot be inscribed for hearing' until the /actums of both parties be deposited, or until the respondent be in default in depositing his faetuinii, in which case the appellant may inscribe ex parte. The npi^ellant should file a pnccipe with the Registrar requiring; him to niHcribc the a])])eal for licarinif. The Registrar would not inscribe the cause without being requested to do so. HEARING. RULE 32. Counsel at hearing. — No more than two counsel on each side shall be heard on any appeal, and but one counsel shall be heard in reply. RULE 33. Postponement of hearing. — The Court may in its discretion postpone the hearing until any future day during the same session, or at any following session. RULE 34. Default^by parties in attending hearing. — Ap- peals shall be heard in the order in which they have been set down, and if either party neglect to appear at the proper day to support or resist the appeal, the Court may hear the other party, and may give judgment without the interven- tion of the party so neglecting to appear, or may postpone the hearing upon such terms as to payment of costs or other- wise as the Court shall direct. RULE 35. How orders to be signed and dated. — All orders n^^m 190 SUPREME COURT RULES. of this Court in cases of appeal shall bear date on the day of the judgment or decision being pronounced, and shall be sifjned by the Registrar. ADDING I'ARTIES TO THE APPEAL. RULE 36. Adding parties by suggestion.— In any case not already provided for by the Act, in which it becomes essen- tial to make an additional party to the appeal, either as appellant or respondent, and whether such proceeding becomes necessary in consequence of the death or insolvency of any original pariy, or from any other cause, such addi- tional party may be added to the appeal by filing a sugges- tion as nearly as may be in the form provided for by section 43 of the Act. RULK 37. Suggestion may be set aside. — The suggestion re- ferred to in the next preceding rule may be set aside, on motion, by the Court or a Judge thereof. RULE 38. Determining questions of fact arising on mo- tion. — Upon any such motion, the Court or a Judge thereof may, in their or his discretion, direct evidence to be taken before a proper officer for that purpose, or may direct that the parties shall proceed in the proper Court for that pur- pose to have any question tried and determined, and in such case all proceedings in appeal may be stayed until after the trial and determination of the said question. MOTIONS. '^if RULE 39. Motions — All interlocutory applications in appeals shall be made by motion, supported by affidavit to be filed in the office of the Registrar before the notice of motion is served. The notice of motion shall be served at least four clear days before the time of hearing. SUPREME COURT RULES. 191 ■■ '■^^^ RULE 40. Notice of motion, how served. — Such notice of motion may be served upon the sol' lor or attovey of the opr osite party by delivering a copy thereof lo the booked agent, or at the elected domicile of such ^ol' :itoror attomev, to whom it IS addressed, at the City of Ottawa. If the soli- citor or attorney has no booked agent, or has elected no domicile at the City of Ottawa, or if a party to be served with notice of motion has not elected a domicile at the City of Ottawa, such notice may be served by affixi ig a copy thereof in some conspicuous place in the office of the Kegis- trar of this Court. RULE 41. Affidavits in support of motion. — Service of a notice of motion shall be accompanied with copies of affida- vits filed in support of the motion. RULE 42. Giving further time. — Upon application supported by affidavit, and after notice to the opposite party, the Court or a Judge thereof may give further reasonable time for filing the printed case, depositing the printed factum or points of either party, and setting down or inscribing the appeal for hearing, as required by the foregoing rules. RULE 43. Setting do'wn motions. — Motions to be made before the Court are to be set down in a list or paper, and are to be called on each morning of the session before the hearing of appeals is proceeded with. RULE 44. Appeal Abandoned by Delay. — Unless the appeal is brought on for hearing by the appellant within one year next after the security shall have been allowed, it shall be held to have been abandoned without any ■iPia 192 SUPREME COURT RULES. order to dismiss being required, unless the Court or a Judge thereof shall otherwise order. RULE 45. Rules applicable to exchequer appeals. — The foregoing rules shall be applicable to appeals from the Ex- chequer Court of (Canada, except in so far as the Act has otherwise provided. '»♦ RULES NOT APPLICABLE TO CRIMINAL APPEALS, NOR HABEAS CORPUS. RULE 46. Rules not applicable to Criminal Appeals nor Habeas Corpus. — The foregoing rules shall not, except as herein before provided, apply to criminal appeals nor to appeals in matters of habeas corpus. RULE 47. Case in criminal appeals and habeas corpus. — In the cases mentioned in the next preceding rule, no printed case shall be required, and no factum or points for argument in appeal need be deposited with the Registrar, but such appeals may be heard on a written case, certified under the seal of the Court appealed from, and which case shall con- tain all judgments and opinions pronounced in the Court below. RULE 48. "When case to be filed. — In criminal appeals, and in appeals in cases of habeas corpus^ and unless the Court or a Judge shall otherwise order, the case must be filed as follows : (i). In appeals from any of the Provinces other than British Columbia, at least one month before the first day of the session at which it is set down to be heard. (2), In appeals from British Columbia, at least two months before the said day. SUPREME COURT RULES. 193 r RULE 49. Notice of hearing in Criminal Appeals and in appeals in matters of Habeas Corpus.— In cases of criminal appeals and appeals in matters of habeas corpus^ notice of hearing shall be served the respective times here- inafter fixed before the first day of the general or special session at which the same is appointed to be heard, that is to say : (l). In appeals from Ontario and Quebec, two weeks. (2). In appeals from Nova Scotia, New Brunswick and Prince Edward Island, three weeks. (3). In appeals from Manitoba, one month. (4). In appeals from British Columbia, six weeks. ELECTION APPEALS, RULE 50. Preceding rules not applicable in Election Cases. — The foregoing rules are not to apply to appeals in controverted election cases. RULE 51. Printing Record in Election Appeals. — In such election appeals the party appellant shall deposit with the Registrar such sum as shall be required for printing the record or so much thereof as a Judge may direct to be printed at the rate of thirty cents per folio of one hundred words. RULE 52. Copies of Reco—i, -The Registrar shall cause twenty- five copies of the said record to be printed in the same form as hereinbefore provided for the case in ordinary appeals for the use of the Court and its officers, and also twenty addi- tional copies, ten of which are, upon his request, to be deli- vered to the Appellant free of charge, and ten to the Respon- dent upon payment of thirty cents for every folio of one hundred words in the record so printed. Amended by Order of the 8th January, 1877. ■H 194 SUPREME COURT RULES. RULE 53. Factum in Election Appeals. — The factum or points for argument in appeal in Controverted Election appeals shall be printed as hereinbefore provided in the case of ordinary appeals. RUJ-E 54. When to be deposited. — The points for argument in appeal ox factum in Controverted Election cases shall be deposited with the Registrar at least three days before the first day of the session fixed for the hearing of the appeal, and are to be interchanged by the parties in manner herein- before provided with regard to the factum or points in ordinary appeals. RULE 55. Order dispensing with printing of record or factum in election appeals. — In election appeals a Judge in chambers may, upon the application of the Appell- ant make an order dispensing with the printing of the whole or any part of the record, and may also dispense with the de- livery of ^ny factum or points for argument in appeal. Such order may be obtained ex parte, and the party obtaining it shall forthwith cause it to be served upon the adverse party. RULE 56. Fees to be Paid Registrar. — The fees mentioned in Schedule C to these orders shall be paid to the Registrar by stamps to be prepared for that purpose. t RULE 57. Costs. — Costs in appeal between party and party shall be taxed pursuant to the tariff of fees contained in Schedule D to these Orders. SUPREME COURT RULES. lOfi It n a t RULE 58. Court or Judge may order payment of fixed sum for costs. — The Court or a Judge may direct a fixed sum for costs to be paid in lieu of directing the payment of costs to be taxed. RULE 59. How^ payment of costs maybe enforced.— The payment of costs, if so ordered, may be enforced by process of execution in the same manner and by means of the same writs and according to the same practice as may be in use from time to time in the Exchequer Court of Canada. RULE 60. Contempts, how punished.— Contempts incurred by reason of non-compliance with any order of the Court other than order for payment of money may be punished in the same manner and by means of the same process and writs and according to the same practice as may be in use from time to time in the Exchequer Court of Canada. CROSS APPEALS. RULE 61. Cross Appeals. — It shall not under any circumstances be necessary for a Respondent to give notice of motion by way of cross appeal, but if a Respondent intends upon the hearing of an appeal to contend that the decision of th« Court below should be varied, he shall, within the time specified in the next rule, or such time as may be prescribed by the special order of a Judge, give notice of such intention to any parties who may be affected by such contention. The omission to give such notice shall not in any way interfere with the power of the Court on the hearing of an appeal to treat the whole case as open, but may, in the discretion of the Court, be ground for an adjourn- ment of the appeal, or for a special order as to costs. 196 SUI'REMK COURT RULKS. RULE 62. Notice to be given. — Subject to any special order which may be made, notice by a Respondent under the last preceding rule shall be one month's notice. RULE 63. Factum in cross appeals. — A Respondent who gives a notice, pursuant to the two last preceding rules shall, before or within two days after he has served such notice, deposit a printed factum or points for argument in appeal with the Registrar as hereinbefore provided as regards the principal appeal, and the parties upon whom such notice has been served, shall within two weeks after service thereof upon them, deposit their ^^x\xAt(S. factum or points with the Regis- trar, and snch factum or points shall be interchanged between the parties as hereinbefore provided as to the principal appeal. TRANSLATIONS. RULE 64. Translation of factum. Any Judge may require that the factum or points for argument in appeal of any party shall be translated into the language with which such Judge is most familiar, and in that case the Judge shall direct the Registrar to cause the same to bt translated, and shall fix the number of copies of the translation to be printed, and the time within which the same shall be deposited with the Registrar, and the party depositing such factum shall there- upon cause the same forthwith to be printed at his own ex- pense and such party shall not be deemed to have deposited his factum until the required number of the printed copies of the translation shall have been deposited with the Registrar. RULE 65. Translations of judgments and opinion of Judges of Court below. — Any Judge may also require the Registrar to cause the judgments and opinions of the Judges in the Court below to be translated, and in that case SUPREME COURT RULES. 197 the Judge shall fix the number of copies of the translation to be printed and the time within which they shall be deposited with the Registrar, and such translation shall thereupon be printed at the expense of the Appellant. RULE 66. Payment of Money into Court.— Any party directed by an order of the (lourt or a Judge to pay money into Court must apply at the office of the Registrar for a direction so to do, which direction must be taken to the Ottawa Branch or Agency of the Bank of Montreal, and the money there paid to the credit of the cause or matter, and after payment the receipt obtained from the bank must be filed at the Registrar's office. RULK 67. Payment of Money out of Court— If money is to be paid out of Court, an order of the Court or a Judge must be obtained for that purpose, upon notice to the oppo- site party. RULE 68. How made. — Money ordered to be paid out of Court is to be so paid upon the cheque of the Registrar, counter- signed by a Judge. RULE 69. Formal Objections.— No proceeding in the said Court shall be defeated by any formal objection. RULE 70. Extending or Abridging Time.— In any ap- peal or other proceeding the Court or a Judge may en- large or abridge the time for doing any act, or taking 198 SUPREME COURT RULES. any proceeding, upon such (if any) terms as the justice of the case may require. RULE 71. Registrar to keep necessary Books.— The Registrar is to keep in his office all appropriate books for recording the proceedings in all suits and matters in the said Supreme Court. ^ RULE 72. Computation of Time. — In all cases in which any particular number of days not expressed to be clear days, is prescribed by the foregoing rules, the same shall be reckoned exclusively of the first day and inclusively of the last day, unless such last day shall happen to fall on a Sunday, or a day appointed by the Governor-General for a public fast or thanksgiving, or any other legal holiday or non-juridical day, as provided by the Statutes of the Dominion of Canada. RULE 73. Adjournment if no Quorum.— If it happens at any time that the number of Judges necessary to constitute a quorum for the transaction of the business to be brought before the Court is not present, the Judge or Judges then present may adjourn the sittings of the Court to the next or some other day and so on from day to day until a quorum shall be present. VACATIONb'. RULE 74. I • Christmas Vacation. -There shall be a vacation at Christmas commencing on the 15th of December and ending on the loth of January. SLTKKME COURT RULKS. 100 , RULE 75. Long vacation. — The long vacation shall comprise the months of July and August. The time for doing any act under the Rules (such as filinif the case under Rule .*>) would not be extended by Rules 74 or 7">, it not bcinjr jirovided that the time of vacation shall not be computed. RULL 76. Interpretation. — In the preceding rules the term *' a Judge" means any Judge of the said Supreme Court trans- acting business out of Court. RULE 77. Interpretation. — In the preceeding rules the following words have the several meaning hereby assigned to them over and above their several ordinary meanings, unless there lie something in the subject or context repugnant to such constniction that is to say : (l). Words importing the singular number include the plural number, and words importing the plural number include the singular number. (2). Words importing the masculine gender include females. (3). The word "party" or "parties" includes a body politic or corporate, and also Her Ma- jesty the Queen and Her Majesty's Attorney- General. (4). The word "affidavit" includes affirmation. (5). The words "The Act" mean '^ The Supreme and Exchequer Court Aef." Dated this seventh day of February, A.D. 1876. (Signed), II 11 II 13 m Wm. B. Richards, c\y. W. J. Ritchie, y. S. H. Strong, y« T. FOURNIKR, f. W. A. llKNRY, y. •^^^ 200 SUl'RKMK COURT RUI.KS. SCHEDULE A. Dominion of Canada. The Supreme Court will hold a special session at the City of Ottawa on the day of , i8. . . ., for the purpose of hearing causes and disposing ot such other business as may oe brought before the Court (or for the purpose of hearing election appeals, criminal appeals, or appeals \v cases of habeas corpus, or for the purpose of giving judgments only, as the case may be). By order of the Chief Justice, or by order of Mr. Justice (Signed), Dated this day of , 187 ... . R. C, Registrar. SCHEDULE B. FORM OK \OTICF. OF IIFARING APPEAL. In the Supreme Court of Canada. J. A., appellant, v. A. B., respondent. Take notice that this appeal will be heard at the next session of the Court, to be held at the City of Ottawa on , the day of , 187.... To , appellant's solicitor or attorney, or appel- lant in person. Dated this day of , 187 ... . SCHEDULE C. TARIFF OF FEES TO BE PAID TO THE REGISTRAR OF THE SUPREME COURT OF CANADA. On entering every appeal $10 00 .^ On entering every judgment, decree or order in the nature of a final judgment 10 00 On entering every other judgment, decree or order . . 2 00 n SUI'RE.MJ; COURT RULES. 201 In other matters the fees shall be regulated by the tarifT in force in the Exchequer Court of Canada in actions of the first-class, and in any case not thereby provided for, the fees to be paid shall be in the discretion of the Registrar, subject to revision by the Court or a Judge. SCHEDULE D. Referred to in Rule 57 of the Supreme Court of Canada. TARll K OF FEES To be taxed between party and party in the Supreme Court of Canada : On special case required by section 29 of the Act when prepared and agreed upon by the parties to the cause, including attendance on the Judge to settle the same, if necessary, to each party. $ 25 00 Notice of appeal 4 00 On consent to appeal directly to the Supreme Court from the Court of original jurisdiction.. 3 cx) Notice of giving security 2 00 Attendance on giving security 3 00 On motion to quash proceedings under section 37 according to the discretion of the Registrar to 25 00 Subject to be increased by order of the Court or of a Judge o 00 On factums in the discretion of the Registrar to . . . 50 cx) Subject to be increased by order of the Court or a Judge o 00 Printed case per folio of lOO words including cor- recting, superintending printing and all at- tendances 30 On dismissal of appeal if case be not proceeded with, in the discretion of the Registrar to 25 00 Subject to be increased by order of the Court or a Judge o 00 Suggestions under sections 42, 43, /14, including copy and service 2 50 Notice of intention to continue proceedings under section 45 4 00 202 SI I'REMK COURT RULES. On depositing money imder section 48 in contro- verted election cases $ 2 50 Notice of appeal in election cases limiting the appeal to special and defined questions under section 48 6 00 Allowance to cover all fees to attorney and counsel for the hearing of the appeal, in the discretion of the Registrar to 200 00 Subject to be increased by order of the Court or a Judge o 00 On printing factunis, the same fees as in printing the case. Besides the Registrar s fees, reasonable charges for postages and disbursements necessarily in- curred in proceedings in appeal will be taxed by the taxing officer. (Signed), Wm. 15. Richards, C.J. " W. J. Ritchie, J. " S. \\. Strong, J. '» T. FOURNIER, J. " W. A. Henry, J. SUPREME COURT. (lENERAL RULE. \Monday, the 8th day of January A.D. 1877.^ It is ordered that the words ^Uhirty cents for each folio of one hundred "iVords in the record so printed^'' in the General Rule No. 52 of the 7th of Februaiy 1876 be struck out and cancelled, and that in substitution therefor there be read the following words ** his due proportion of the costs of piinting the same such proportion to be fixed by the Registrar and the amount so paid shall be returned by the Registrar to the Appellant:' (Signed), Wm. B. Richards, C.J. II Wm. J. Ritchie, J. H S. H. Strong, J. » J. T. Taschereau, J, M T. Fournier, J. H W. A. Henry, J. w . SUPREME COURT RULES. ao3 50 . SUPREME COURT OF CANADA. GENERAL RULE NO. 79. It is ordered, that during the absence from the City of Ottawa, of Robert Cassels, Jr., Esq., the Registrar of this Court, or until further order, the functions and duties of the said Registrar., including the taxatior. of costs, be performed by Gecnge Duval, Esq., the Pr6cis Writer of this Court. Dated Ottawa, loth September, 1877. (Signed) \Vm. B. Richards, C.J. \Vm. J. Ritchie, J. S. H. Strong. J. J. T. Taschereau, J, " T. FOURNIER, y. THE SUPREME COURT OF CANADA. GENERAL RULE 8o. [Wednesday, the i6th day of May, A.D. 1881.] It is ordered, 1. That Rule eleven be and the same is hereby amended by striking out the word "immediately " at the beginning of such Rule. 2. That Rule fourteen be and the same is hereby amended by striking out the words "one month''' therein containecl, and by inserting in lieu thereof the words "fifteen days." 3. That K\x\e fifteen be and the same is hereby amended by inserting after the words "and mailing," where they occur in such Rule, the words " on the same day," and by striking out the words " in sufficient time to reach him in due course of mail before the time required for service " 4. That Rule tiventy-thres be and the same is hereby amended by striking out the words "one month''' at the beginning of said Rule, and by inserting in lieu thereof the words "fifteen days." 5. That Rule thirty-one be and the same is hereby amended by striking out the words " one month," where they occur in said Rule, and by inserting in lieu thereof the words "fourteen days" ; and by adding at the end of said Rule the words " but no Appeal shall be so inscribed 7vhich shall not have been filed twenty clear days before said first day of said session, without the leave of the Court or a yndge." 5W1 -* ■*'■ 204 SUPREME COURT RULES. !i ! 6. That Rule sixty-two be and the same is hereby amended by striking out the words "one tnonth''s" and by inserting in lieu thereof the vvirds ''fifteen days'." 7. That Rule sixty-three be and the same is hereby amended by striking out the words " two iveeks" where they occur in said Hule, and by inserting in lieu thereof the words "one ivcck." (Signed) W. J. Ritchie. C.J. S. H. Strong, J. T. FOUKNIEU, y. W. A. HliNRY, J. •• John W. Gwynne, J. THE SUPREME COURT OF CANADA. GENERAL RULE 81. It is hereby ordered, that Schedule D annexed to the Rules of the Supreme Court of Qanada be amended as follows : — Instead of the item : " Printed case, per folio of loo words, including correcting, superintending printing and all necessary attendances, 30 cts.," the following allow- ances shall be taxed by the Registrar : — " For engrossing for printer, copy of case as settled, when such engrossed copy is necessarily and. properly required, per folio of 100 words, 10 cts. " For correcting and superintending printing, per 100 words, 5 cts." Ottawa, 3rd June, 1882. (Signed) W. J. Ritchie, C.y. " T. FOUKNIER, y. •• H. E. Tasciiereau, y. S. H. Strong, y. W. A. Henry, y. John W. Gwynne, y. THE SUPREME COURT OF CANADA. ' GENERAL RULE 82. It is hereby ordered, that an allowance shall be taxed by the Registrar to the duly entered agent in any appeal, in the discretion of the Rep-jtrar, to $20. Ottawa, 3rd June, 1882. (Signed) W. J. RiTCHixi, C.y. T. Fournier. y. W. A. Henry, y. H. E. Taschereau, y. John W. Gwynne, y. >i hereby 5 " and s'." hereby ' where thereof .7. V. 1 to the jiided as 3 of 100 ting and g allow- 1 settled, properly , per 100 EXCHEQUER COURT RULES. YNNE, J. DA. 4 be taxed ly appeal, SREAU, y. SB sea; MANUSCRH'T NOT I'-. MS. r MS. iTOOTE Below each Rule reference i?* made to the Enj^lish Rule or Rule of the Courts in Ontario from which the Rule in the text is taken or upon which it is substantially based. For the purpose of these refe- rences, the following abbreviations are used : E. O.— (English Order) - Refers to the Orders made in pursuance of the Supreme Court of Judicature Act, 1875, to regulate the practice of the High Court of Justice in England. These Orders will be found in any of the ninnerous editions of the Judicature Acts recently published in England, and with a copy of one of which editions the practitioner in the Exchecpifc. Jourt of Canada should provide himself. The words " Rules regulating j>rocedure in suits by English Infoi- mation " refer to the Rules of Court issued bj the Barons of the Exchequer in Easter Term, 1860, in pursuance of *' The Crown Suits, &c., Act, 1865." These Rules are to be found in L. R. 1 Exchequer, page 389. Taylor's C. Chj'. O.— Refers to Taylor's Consolidated Chancery Orders, being the Orders regulating the practice of the Court of Chancery of Ontario. Gen. Rules (Out.) Tr. T., 1850— Refers to the General Rules of Court made in Trinity Term, 1850, for regulating the practice of the Courts of (Queen's Bench and Common Pleas of Ontario. These Rules are to be found in Harrison's Common l^aw Procedure Acts The Rules with an asterisk ( ) are applicable to causes in which the cause of action has arisen in the Province of Quebec. (See Rule 261).; RULES AND ORDERS <:)K THE EXCHEQUER COURT OF CANADA. TABLE OK RULES. RlLK 1. 3. 4. 5. 7. 8. 9. 10. 11. 12. 13. 14. 15. 10. 17. IS. IS). 20. 21. 22. 23*. Mode of Procedure in Revenue cau.ses arising in any Province except Province of Quebec. In causes arising- in Province of Quebec. Rules next followin<>; not to apply to certain suits. Suits on behalf of Crown in interest of Dominion, to be by Information. Hy whom Information to be signed. Form of Information. How suits other than by Information and Petition of Right to be instituted. Petition of Right to be signed bj^ Counsel. What pleadings to be written and what printed. How to be printed. Written copies may be filed in case of urgency. Printed copies to be furnished opposite party. Petitions of Right, how to be served. Office copy of Information or .statement of claim to be servcdj and how endorsed. Service to be personal. Service upon a corporation. Service upon partners. Substitutional service. On husband and wife. On infant. On lunatic. « On lunatic, not interdicted, i^:c. Service out of jurisdiction. 210 KXCHEOIEK COIRI RII.K.-.. I i KlLK 24. 25. 2(5. 27. 28. 29. ao. :u. 32. 33. 34. 35. 3(i. 37. 38. 39. 40. 41. 42. 43. 44. 45. 4C. 47. 48. 49. 50. 51. 52. 53. 54. 65. 56. 67. 58. 69. Service by lulvertiscnient. Judjfc may also order copy of Ii)forniutioii, Sit:, and order to he mailed. No ai)j>earuiice retjuired, how pleadings to Information, &c., to he filed. Times for filing statement in answer or demurrer. Petitions of Right, pleadings in. Attunicy-Cieiienil to file plea, itc, in twenty-eight days. Pleading generally. The following Kules not to ai)i>ly to certain cases. All pleadings to he concise statements of material facts. but not of evidence. A copy of every ])leading to he served on opposite party. How pleadings to he dated and entitled. No plea or defence to he pleaded in abatement. When an alleg'ation of fact in a i)leading is to be taken as admitted. Everj party must allege all facts on which he means to rely, and all grounds of defence and re])ly which might take opposite party by surprise, or raise new is.sues. No pleading to be inconsistent with i)revious pleadings of same party. Allegations of fact niu.st not be denied generally. Issue may be joined on defence or any pleading subse- quent to reply— effect of joinder of issue. Allegations not to be denied evasively. Suflicient to state effect of document. Sutficient to allege notice as a fact. Sufficient to allege contract arising from letters or con\ er- sations as a fact, and contracts arising therefrom may be stated in the alternative. Not necessary for i)arty to allege matters of fact which law presumes in his favor. Pleading matters arising pending the rction, by defendant before delivering defence or time for its delivery expired After deliverj- of defence or time for its delivery expired. On confessing defence arising after commencement oi action plaintiff may sign judgment for costs. First pleading to be called— "Statement in defence,"- when to be filed. Discontinuance. The Reply. When to be filed and ser> ed. No pleading subsequent to rei)ly, except joinder, without order of Judge. Time for delivery of jtleadings subsequent to reply. Close of pleadings. Issues. Amendment of pleadings. Attorney-General t>r petitioner may amend any time before filing of defence. Op]iosite party may apply to disallow amendment. KXClIKttl'KK COURl' Ki:i.K.S. 211 Rl'LK GO. 01. 02. 63. 04. 05. 00. 67. 08. 70. 71. 72. 73. 74. 75. 70. 77. 78. 79. 80 SI. 82. SS. 84. 85. SO. 87. 88. 89. 1)0. 1)1. 1)2. 1>3. !»4. 1)5. 90. On aineiulineiit by one party, otlicr pnrty nuiy apply for leave to plead or amend. Further powers of amendment. If amendment not made within time limited, order for amendment to become void How jtleadings may be anjended. Amended jileadiny-s to l»e marked with date of order under which aK.v,..dment made. When amended i)leadiny to be served. Demurrers. Form oi. When to be filed and served. Demurrer and defence to be in one iileadinj,'-. Attorney-(!eneral may demur and ]ilcad without leave. Leave to plead and demur to lie obtained. Setting down demurrer for ararty to plead. Form of setting d >wn denuirrer for argument. Notice of arj^ument of, when to be served. When default in jdeadin},' action may be set down on motio' for judgment. When one of several defendants makes default. Default by Attorney-Cicneral. Default ii) replying- or demurring within time limited, effect of. If no rei)ly or demurrer or subsequent pleading delivered after expiring- of one month after period allowed defendant may apply to dismiss action for want of l>rosccution. .hidgmentby defaidt may be set aside by Court or Judge. Petitioner, plaintiff or defendant may be examined by ol)l>()sitc i>arty. Departmental or other officers of the Crown may be examined. Examination in actions against Corporations. Subpama to be issued to enforce attendance. Production of documents at examination. Parties to be exannned to be i)aid. Examination of parties without the jurisdiction by inter- rogatories. Case of party omitting to answc Order for production may be made by Court or Judge at any time. Order for discovery of documents may be api)lied for without filing- affidavit .VHiilavit to be i lade by party upon whom order made. I 1 . 212 EXCHEQUER COUKT RUEES. lluiiE 07. Production of dueuinents for iiisi)eeticiii. 98. Form of notice to itroduce. ()9. Notice when iiisi>cction niaj- he made. 100. Order for inapection may be obtained. 101. Application tor to he to a Judjfe upon affidavit. 102. Judge may order any issue or question to he first deter- mined. 103. Consequences of not api»earing to rejdy to order. 104. How .service of order for discovery or inspection may he made. 105. If at trial part of anj examination read, the whole to lie considered in evidence. 106. Any party may give notice of admissions. 107. Notice to admit and co-ts of ref usiny. 108. Form of notice. 109. Affidavit as to admissions. 110. Inquiries and accounts. 111. Special case may he stated for opinion of Court. 112. Questions of law maj' he first tiied. 113. Special case to be printed. 114. si)ecial case in actions where married woman, infant or lunatic is part}'. 115. Entry of special case for argument, lie. Order for trial 117. Y cnire facias, order for. 118 Trials of issues of facts to be at bar. 119. Countermand of notice of trial. 120. Sheriff may adjourn sittings in absence of Judge. 121. Default by defendant in appearing at trial. 122. Default by Attorney-General or petitioner in appearing at trial. 123. Postponement of trial. 124. Directions by Judge at trial. 126. Findings of fact and directions of Judge to bo entered by officer of Court. 126. Where Judge directs judgment to he entered to any party absolutely. 127. Where Judge directs judgment to be entered subject to leave to move. 128. Judge at trial may refer cause. 129. Printed copies of pleadings to be furnished for use of Judge. 130. Copy of Judge's notes to be made. 131. Evidence generally. 132. Evidence by affidavit in certain cases. 133. What affidavits to contain. 134. Court or Judge may order any person to be examined. 135. Deponents may be cross-examined on affidavit. 136. How affidavits to be drawn. 137. When to be filed. 138. Application for new trial. 139. Order for when to be served. 140. Not to be iifranted on certain groundti. EXCHEQUER COURT RULES. 213 Ili'LE 141. New trial may J)e ordercil of any (juestion. 142. Order to sliow cause to stay i»roceedin;jrs. 143. Motion for judgiiieiit. 144. Judurment to be obtained on motion. 145. Settinj^ down on motion for judgment and y^ivini; notii-e. 146. Wliere judjfment not directed to be entered at trial, tbc Attornej'-General, plaintiff or petitioner may set down action on motion for judgment, on his default defend- ant may do so. 147. When preliminary judgment entered and reference ordered. 148. Where in trial before jury Judge has directed judgment to be entered. 149. Motion to set aside judgment entered. 150. How and when motion to be made. 151. Setting down on motion for judgment where issues or questions of fact ordered to be determined. 152. Where some only of such issues have been tried. 153. No action to be set down for motion for judgment after expiration of one year. 154. Proceedings on motion for judgment. 155. Order may be applied for on admission of facts. 156. Entrj- of judgment, form of. 157. When to be dated. 158. Effect of judgment on nonsuit. 159. Proceedings on reference. 160. Evidence may be taken upon. 161. Powers of Registrar or referee. 162. Registrar or referee not authorized to attach. 163. Registrar or referee may reserve questions for decision of Court. 164. Report to be filed. 165. Api)eal from report. 166 Proceedings where judgment against Crown directing pajaiient of money. 167. Judgment for payment of money against any party other than Crown may be enforced by fi. fa. or sequestration. 168. Judgment for payment of money into Court may be en- forced by sequestration. 169. For recovery or delivery of possession of land by writ of possession. 170. Where judgment for recovery of any property other than land or money. 171. Where judgment requires the doing or abstaining from an J- act. 172. No attachmant to issue to compel payment of money. 173. Meaning of tenns "writ of execution" and "issuing execution against any party " 174. No execution to be issued without production of judgment. 175. ProDcipe to be issued. 176. When writ to be dated. 177. Poundage fees and expenses of execution may be levied. 178. How writ to be endorsed. I n 214 Rule 17!). 180. 181. 182. im. 184. 185. 180. 187. 188. 180. 1!»0. I'Jl. V.)2. VXi. 194. 195. 19U. 497. 198. 199. 200. 201. 202. 20:i. 204. 205. 20<). 207. 208. 209. 210. 211. 212. 213. 214. 21.5. 21 (i. 217. 218. 219. 220. 221. 222. V23. KXCnr.ijLKR COrRT RLI.KS. Directions to sheriff on. Writs of fi. ja. may ^e issued innueiliatel.v after judgment entered except in certain cases. Renewing writs. Evidence of renewal. Execution may issue within six years. After that time ity leave of Court or Judifc. Every order of Court or Judjj^e may he enforced in the same manner as judpnent. Enforcing? order or judgment aj^ainst person not heinjj party to an action. Application for stay of execution. Forms of writs of fi. fa. What interests may he sold under such writs. Lands ni>t to be sold until after hqtse of six months. Lands and goods to be bound from deliverj' of writ. Writ of vcmlitioni expona)< may issue, form of. Sheriff to follow laws of his i)rovince as to mode of sellinj^. Writ of attachment to he executed accordinyf to exigency thereof. No writ of attachment to he issued without leave of Court or Judge. When writ of seciuestration may issue. Form and effect of. Court or Judge may order jiroceeds of to be paid into Court. When writ of i)ossession may issue. May issue on affidavit. Writ of delivery. Action not to be abated by marriage, &c. Addition of parties in certain cases. Continuation of action in case of assignment or change of estate or title. Adding or changing parties in certain cases. Service of order for. Api>lication may be made to discharge or vary such order. Where person served is under any disability. Injunctions and receivers. Conservatory orders. How moneii- to be paid into Court. Order for payment of money out of Court. How money to be paid out of Court. Sittings of Judge in Court. Setting down of demurrers, special cases and motions. Last rule not to apply to ex parte motions. Application to be made to a Judge in Coiu't by motion. No rule or order to show cause to be granted excejit where authorized by these rules. Motions to be on notice. Notice to be served two clear days before hearing. Proceedings where notice not given to proper parties. Hearing of any motion may be adjourned. Notice may be served without special lea\e in certain cases-. ■5 ! KXCHKijUKR COURT Rl'I.KS. 215 ment n the lelliny. ifjeiicy f Court id into ans?e of 1 order. Rri,K 224. May be served with or after filiiin- of information or jHJti- tion of riy^ht by leave. 'J2r). Api^lication at Chambers. 22('t. Judyfc may rescind his own order. 227. Costs may be awarded against tlie Crown. •_''28. Provision as to rosts. 22}). How to he taxed. 2'AO. Witness fees. 231. Appeals to the Supreme Court. 232. Cases in apjieal how to be settled and what to contain. 2.33. 'i 1 e Ajfent's Book. 234. A /I en tlic psirty a]>j)ears in person. 535, Service in ciise of nesfleet to enter name. 236. Writs. 237. SubpiuniiS. 238. Writs in revenue causes how to he tested. 2.39. Writs may be amended. 240. Recognizances. 241. May be on paper. 242. Registrar's office hours. 243. Registrar's office hours in vacation. 244. Books to be kept in Registrar's office. 245. Registrar's ministerial powers. 240. ShcrilT's fees. 247 Christmas vacation. 248. Long vacation. 249. Comimtation of time. 250. Months to be calendar months. 261. Certain days not to be computed. 252. Where time for taking any proceeding expires on a Sunday or day on which office is closed. 2.')3. No pleadings to be amended or delivered in long vacation. 2."i4. Long vacation not to be reckoned in computation of time. 255. Powers of Court or Jndge as to enlarging or abridging time. 2.'»C. Formal objections not to prevtiil. 257. Effect «->f non-compliance wth rules. 258. In i)roceedings not provided for practice of Her Majesty's High Court of Justice in England to be followed. 259. and 260. Interpretation. 261. Rules ai)plicable to Province of Quebec. ions. )tion. except ties, lin cases. In pursuance of the provisions contained in the 79th section of the 38th Victoria, chapter 1 1, intituled : "An Act to establish a Supreme Court and a Court of Exchequer for the Dominion of Canada," and also of provisions contained in the Act 38th Victoria, chapter 12, intituled : ** An Act to provide for the institution of suits against the Crown by petition of right, and respecting procedure in Crown suits," it is ordered that the following Rules, in respect of the matters U N !li I :[ I 216 KXCllK. hereafter mentioneil, of Canada. ,,,aUbcinfo,ccm.hcKxcl,eque,- RKVKNUK CAUSKS. RULE 1. * Court • T5 pvenue causes arising Mode of procedure i^:j ^^^^^J^^ce of Quebec - in -V^rovince -^^^^^^^^^^^ mmmm against the C^vown. or an) .^ ^^^^.^^ ?i w pvoceed- Act, ot by these Kuks. RULE 2.* f Quebec. ^ — lii ^'^ T„ causes arising in ^''°^ift?ndudir.g non-Revenue cau^est^thesa^aE^^^^^^^^^^^ causes as weU as ^"^^'^^^e 'Province of Q^'^^^' ^'5 of pro- r^l^t'^vT./theseRuies. RULE 3. * * o-r»r»lv to certain « iPc; next following not to app y ^^.^^ ^^ sX-The f^SorSrin^e Wn^ of Que^c I KXCIIKOCER COIRT RILES. :i7 Cov»vl IMORMATIONS IN SUMS I!Y 1 lli: CRoWN .\M> IT III KiNs or RIGHT. rising bee— , 58 of Revenue ; in any whether own, oi" ;thev the action at pvoceed- xs near as orms anc\ ilxchequer Engianci, f the sau\ m-Revenue e of acticn the process, des of pro- n use in line Province of provided by to certain . to suits in e of Quebec, RULE 4. '• Suits on behalf of the Crown to be by Infor- mation, — All suits on behalf of the CroN\n in the interest of the Dominion of Canada, wliich according to the practice of the Exchequer Division of Her Majesty's Iligh Court of Jus- tice in England would be instituted ])y information, are to be instituted by information tiled in the name of the Attorney- General of the Dominion. RULE 5. * By whom information to be signed. — Every in- formation is to be signed by the Attorney-General of the Dominion, or by some person duly authorized to affix the signature of the said Attorney-General thereto. RULE 6. Form of information. — The information is to con- clude with a claim for the relief sought, and the commence- ment and conclusion thereof may be in the form given in Schedule A to these orders. RULE 7. How^ suits other than by information and Petition of Right to be instituted. — Suits in the said Court other than suits by the Attorney-General or by the Crown and Petitions of Right are to be instituted by filing a statement of claim which may be according to the fomi given in Schedule B to these orders, and which shall conform to the Rules of pleading hereinafter prescribed, and to the system and mode of pleading now in use in Her Majesty's High Court of Justice in England. RULE 8. Petition of Right to be signed by Counsel. - (r 218 i..\ciik. xi.\. it. 6. RULE 10. * How to be printed. — Pleadings and other ])roceedings required to be printed, shall be printed on paper of good quality, in small pica type leaded, with an inner margin about three-fjuarters of an inch wide, and an outer margin about two and a half inches wide. Rules rey:ulatinj,' i»rooedure in suits by Kn;^lish information. RULE 11. * Writen copies may be filed in case of urgency. — In any case which may appear to the Registrar to be one of urgency he may permit a w ritten copy of a pleailing to be filed, upon the party so filing the same giving a written under- taking to file a j)rinted copy within yftv days thereafter. RULE 12. * Printed copy to be furnished opposite party.— The party printing any pleading or other proceeding shall, on demand in writing, furnish to any other party, his Attorney or Solicitor, any number of printed copies, not exceeding ten, upon payment therefor at the rate of five cents per folio for one copy, and three cents per folio for every other copy. BSI KXtHE(ti KK COL'RT Kl l.h'-. '1:9 the ilo. hat than being :n, or a(Ung ;ec\ings ,f good n about 1 about gency. be one ng to be ;n under- er. arty.— shall, on Attorney jdirig ten, folio for copy. SKRVICK 01 INFORM MION, STATI.MKNT (»l CLAIM oR I'ETITION. RULE 13. * Petitions of Right, how to be served. IViiiions of Right are to be left at the office of Ilcr Majesty's Attor- ney-(ieneral, and served as prescriljed I»y the statute in such case made and providetl. RULE 14. Oflice copy of information or statement of claim to be served, and how to be endorsed. — hi suits instituted by information or by filing a statement of claim no writ or process to appear, plead or answer shall issue, but an office copy of the informati(jn, or statement of claim duly certified by the Registrar, shall be served on the Defendant, with an endorsement thereon in the form or to the effect set forth in Schedule C to these orders appended. RULE 15. Service to be personal.— Service upon a defendant of an office copy of the information or statement of claim is to be effected personally, except in the cases hereinafter otherwise provided for ; but it shall not be necessary to produce the original information or statement of claim at the lime of service. RULE 16. Service upon a Corporation. — Service of an In- formation, Statement of claim or Petition of Right within the jurisdiction of the Court upon a Corporation aggregate is to be effected by personal service of an office copy thereof on the Warden, Reeve, Mayor, or Clerk in case of a Municipal Corporation, or on the President, Manager or other head officer, or the Cashier, Treasurer or Secretary at the head office, or at any branch or agency in the Dominion of Canada, or on any other person discharging the like du- ties, in the case of any other corporation. Taylor's 0. Ohy. O. 5)1. W- KXcni:lea, ai.swer, exception or demurrer, or otherwise make his defence according to the practice applicable to the particular case, or obtain from the Court or a Judge further time so to do. Taylor's C. Chy. O. 101. ai)VF,rtisf:ment in case or a dekendant r<» HK EOIM). NOT RULE 24. Service by advertisement. — In case it appears to the Court or a Judge by sufficient evidence that a defendant cannot be found, after due and diligent search, to be scived with an office copy of the information, petition of right or statement of claim the Court or a Judge may order the defendant to file his plea, answer, demurrer, exception, or otherwise make his defence according to the procedure applicable to the case, within a time to be limited in the order, and may direct a copy of the order together with a notice to the effect set forth in Schedule D to these orders appended, to be published in such manner as the Court or Judge thinks fit ; and in case the defendant does not file any plea, answer, demurrer, or exception, or otherwise make his defence within the time limited by such order, the Court or Judge, upon proof that advertisements have been duly published according to the requiiements of the order, may direct that the case shall thereafter proceed as though the defendant had filed a plea, answer, or defence traversing and denying the allegations contained in the information, petition of right or statement of claim, and the action shall thereafter proceed accordingly. Taylor's C. Cliy. O. 100. ff RULE 25. Judge may also order copy of information, &c., and order to be mailed. — In any case provided for l3y the last preceding order, the Court or a Judge may in addition to the advertisement therein mentioned, direct that an office copy of the information, petition of right or statement of claim, and a copy of the order shall be forth- l':XCIIL(>L'KR CUIRT RILKS. 223 with mailed, with the postage prepaid, to the address of the defendant, at such place as the Court or a Judge may direct, in which case proof by affidavit, of due compliance with such requirement, shall be produced before any order is made permitting the plaintiff to proceed as provided for by the next preceding order. NO Ari'KARANCK TO INFORMATIONS. — I'LKADINC^S. RULE 26. No appearance required, how pleadings to informations, &c., to be filed. — No appearance to any information or statement of claim shall be required ; but a defendant who is sers^ed with an information or statement of claim shall file his statement in answer, demurrer or other defence to the information or statement of claim conformably to the proceedure and mode of pleading hereby provided for as the first step in his defence. RULE 27.* Times for filing statement in ans-wer or de- murrer. — The defence, statement in answer, or demurrer shall be filed within the times hereinafter respectively limi- ted, or within such further extended time as the Court or a Judge may order, that is to say : 1. If the defendant resides in either of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick or Prince Edward Island, within onemonthsSiev service. 2. If the Defendant resides in either of the Provinces of Manitoba or British Columbia, within two months after service. lORM or IM.K AIMNC, IN I'ETITIONS OF RIGHT. RULE 28. Petition of Right, Pleadings in.— In suits by Pe- tition of Right the pleadings subsequent to the Petition shall be regulated by and conform to the procedure and mode of pleading hereinafter prescribed. 224 KXCHKUUER COUKT RULES, RULE 29.* Attorney General to file plea, etc., within twenty-eight days. — The Attorney-General is to file his statement in defence, demmrer, or other defence to a Petition of Right within twenty-eii^hi days after an office copy of the Petition, with the endorsement thereon required by the statute in that l:)ehalf made, shall have been left at his office in the City of Ottawa. By the Petition of Rij,'ht Act, 1870, sec. 5, the Attorney-General is to file his statement in defence, denuirrer, or other defence, within Ju%r urckx after service of the office copj'. PLEADING r,ENERALI,V, RULE 30. The pleadings in actions in the said Exchequer Court shall conform as nearly as may be to the forms and system now in use in Her ^Tajesty's High Court of Justice in England. Ex- cepting as regards cases the cause of action in which shall have arisen in the Province of Quebec. RULE 31. The folloA/ving rules not to apply to certain cases. — The following rules of pleading shall apply to all cases in the said Court excepting those in which the cause of action shall have arisen in the Province of Quebec. RULE 32. i All pleadings to be concise statements of material facts but not of evidence. — Every pleading shall contain as concisely as may be a statement of the material facts on which the party pleading relies, but not the evidence by which they are to be proved, such statement being divided into paragraphs, numbered consecutively, and each paragraph containing, as nearly as may be, a separate allegation. Dates, sums, and numbers shall be expressed in figures and not in words. Signature of Counsel shall not be necessary, except as regards informations, petitions of right EXCHEQUER COURT RULES. 225 and statement of claim. E hereto may be used. E. O. xix. R. 4, Forms similar to those in Schedule RULE 33. A copy of every pleading to be served on opposite party. — Every pleading is to be filed, and a copy thereof is to be served on the opposite party or on his Attorney or Solicitor, if he has one, or left at the office of the Attorney-General as the case may be. RULE 34. How pleadings to be dated and entitled. — Every pleading shall on its face be entitled of the day and year on which it is filed, and shall also be entitled in the cause. RULE 35. No plea or defence to be pleaded in abatement. —No plea or defence shall be pleaded in abatement. E. O. xix. R. 13. RULE 36. When an allegation of fact in a pleading is to be taken as admitted. — Every allegation of fact in any pleading in an action, not being an information, petition of right or statement of claim, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic, pei'son of unsound mind not so found by inquisition, or other person judicially incapacitated. E. O. xix. R. 17. RULE 37. Every party must allege all facts on which he means to rely — and all grounds of defence and reply w^hich might take opposite party by 226 EXCHEQUER COURT RULES. surprise, or raise new issues, — Each parly in any pleading, liot ^ an information, petition of right or statement oi i ; ist allege all such facts not appearing in the previov.o pieadings as he means to rely on, and must raise all such p-ounds of defence or reply, as the case may be, as if not raised or the p' dings would he likely to take the opposite party by surprise, or -vould raise new issues of fuel not arising out of the pleadings. E. O. xix. R. 18. RULE 38. No pleading to be inconsistent with pre- vious pleadings of same party. — No pleading, not being an information, petition of right or statement of claim shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same. E. O. xix. R. 19. RULE 39. * Allegations of fact must not be denied gener- ally. — It shall not be sufficient for a defendant in his defence to deny generally the facts alleged by the in- formation, petition of right or statement of claim, Init he must deal specifically with each allegation of fact of which he does not admit the truth. E. O. xix. R. 20. RULE 40. Issue may joined on defence or any pleading subsequent to reply — effect of joinder of issue. — The Attorney-General petitioner or plaintiff by his reply may join issue upon the defence, and each party in his ]ilead- ing, if any, subsequent to reply, may join issue upon the previous pleading. Such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit, and shall then operate ns a denial of the facts not so admitted. E. O. xix. R. 21. EXCHEQUER COURT Rl LES. 22i RULE 41. Allegations not to be denied evasively. — When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of substance. And when a matter of fact is alleged with divers circumstances, it shall not be sufficient to deny it as alleged along with those circumstances, but a fair and substantial answer must be given. K. O. xix. R. 22. RULE 42. ler- his in- but bt of Suflicient to state effect of document. — When- ever the contents of any document are material it shall be sufficient in any pleading to state the effect thereof as briefly as possible without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material. E. O. xix. R. 24. RULE 43. Suflicient to allege notice as a fact. — Whenever it is material to allege notice to any person of any fact, matter or thing, it shall be sufficient to allege such notice as a fact unless the form or precise terms of such notice lie material. E. O. xix. R. 2(). RULE 44. SufRcient to allege contract arising from letters or conversations as a fact — and contracts arising therefrom may be stated in the alterna- tive. — Wherever any contract, or any relations between any persons, does not arise from an express agreement, but is to be implied from a series of letters or conversations, or otherwise from a number of circumstances, it shall be suffi- cient to allege such contract or relation as a fact, and to refer «-i*iWIarty 3 the reto, Dund )rder EXCHEQUER COURT KUIES. 2J9 11 be f any party and after summons served on all other parties to the cuit, fix the time and place of trial or hearing, and may direct when and in what manner and upon whom notice of trial or hearing together with a copy of the Judge's order is to be served, and such notice and order shall be forthwith served accordingly. The application to be made in j»ursuance of the above Rule shouM be to a Judge at Chambers by way of summons. This Rule is appli- cable to causes in -vhich the cause of action has arisen in the Province of Quebec as well as to other causes, and as the proceeding by way of summons and order is one not known in the procedure of that Province, it has been thought advisable to give a form both of summons and Cider granted under this Rule. SUMMONS TO FIX TRIAL, &c. Ix THE ExCllKtjrKR COLRT OK CANADA. In the matter of the Petition »»f Right of A. B. AND Her Majesty the Queen, Petitioner. Defendant. Let the Attorney-General of the Dominion of Canada, his attorney or agent attend on behalf of Her Majesty before the presiding Judge at Chambers in the City of Ottawa, on the day of instant, [or next] at o'clock in the forenoon or zi soon thereafter as Chambers may be held to show cause why the trial in the matter of the above petition should not be fixed to take i)lace at the City of in the Province of , on the day of A.D.1877, or at such other time and place as to the ssifi Judge may seem best ; and why the said Judge should not also direct when and in what manner and upon whom notice of trial or hearing together with a copy of the order to be made by the said Judge is to be served. Dated at Chambers this day of A.D. 187fi. ORDER FIXING TRIAL, &c. (Style of Ciiuse as in summons). Ui)on reading the summons granted herein, [and the affidavit of service thereof, if any, \ and upon hearing counsel for all parties, I do 200 l-:XClIl<:<2LliK COURT RULES. order that the trial or heariiiy of this matter do take place before a Judge of this Court, at the Court House in the City of , or at such other place in the said Ci;y as the said Judge shall direct, oil , the day of , A.D. 1877, iit eleven o'clock in the forenoon, or so soon thereafter as the said J udge shall attend ; and I do further order that notice of trial at the t.me and place aforesaid together with a copy of this order be within three days from the date hereof, served on Her Majesty's Attorney- (juneral for the Dominion of Canada by leaving such notice and copy of said order at the office of the said Attorney-General in the City of Ottawa, and also served within the time aforesaid on A. F. M., the Solicitor for the said Attorney-General, by leaving such notice and coi)y of said order at the office of the said A. F. M. This order to be with- out prejudice to any application that may be made to the presiding Judge at the trial of this matter by any of the parties hereto to have l>art of the evidence taken or the matter determined at some place <»ther than that hereinbefore appointed, ^under the provisions of the Statute in that behalf. Dated at Chambers this day of • •«•••< A.D. 187G. ri^ RULE 117.* Venire facias, order for. — If there are in any of the several classes of cases, in the next preceding order men- tioned, any issues of fact to be tried by a jury, the Judge shall at the same time and upon the same application order the issue of a writ of venire facias pursuant to Sec. 65 of the said Act. RULE 118. Trial of issues of facts to be at bar. — All trials of issues of fact in the Exchequer Court shall be deemed to be trials at the bar of the said Court and not at nisi prius. + NOTICE OF TRIAL AND TRIAL, RULE 119. Countermand of notice of trial. — No notice of I rial shall be countermanded except by consent or by leave of the Court or a Judge, which leave may be given subject to such terms as to costs as may be just. E. O. xxxvi. R. 13, M^ i KXCHEQUKR COl'RT nri.KS. RULE 120.* 251 Sheriff may adjourn sittings in absence of Judge. — In case the Judge is unable from any cause to attend on, the day fixed for the trial of an issue the Sheriff may adjourn the sitting of the Court from day to day until the Judge attends. RULE 121. Default by defendant in appearing at trial.— If, when an action is called on for trial the Attorney- General, plaintiff or petitioner appears, and the defendant does not appear, then the Attorney-General plaintiff or petitioner may prove his claim as far as the burden of proof lies upon him. E. 0. xxxvi. R. 18. RULE 122. Default by Attorney-General or petitioner in appearing at trial. — If, when an action is called on for trial, the defendant appears and the Attorney-General, plaintiff or petitioner does not appear, the defendant shall be entitled to judgment dismissing the action. E. O. xxxvi. R. 19. RULE 123. Postponennent of trial. — The Judge may, if he thinks it expedient for the interests of justice, postpone or adjourn the trial for such time, and upon such terms, if any, as he shall think fit. E. O. xxxvi. R. 21. RULE 124. Directions by Judge at trial. — Upon the trial of an action the Judge may at, or after such trial, direct that judgment be entered for any or either party, as he is by lav entitled to upon the findings, and either with or without ■mi mmm 252 tXCm.iJl EK COURT RULES. leave to any paity to move, to set aside, or vary the same, or to enter any other judgment upon such terms, if any, as he shall think fit to impose, or he may direct judgment not to be entered then, and leave any party to move for judg- ment. No judgment shall be entered after a trial, without the order of a Judge. E. O. xxxvi. R. 22. RULE 125.* Findings of fact and directions of Judge to be entered by officer of Court. — The officer present at the trial shall enter all such findings of facts as the Judge may direct to be entered, and the directions, if any, of the Judge as to judgment, and the certificates, if any, granted by the Judge, in a l^ook to be kept for the purpose. E. O. xxxvi. R. 23. RULE 126. Where Judge directs judgment to be entered to any party absolutely. — If the Judge shall direct that any judgment be entered for any party absolutely the certificate of the officer to that effect shall be a sufficient authority to the Registrar to enter judgment accordingly. E. O, xxxvi. R. 24. RULE 127. Where Judge directs judgment to be entered subject to leave to move. — If the Judge shall direct that any jndgment be entered for the party subject to leave to move judgment shall be entered accordingly upon the production of the officer's certificate. E. O. xxxvi. R. 2r>. RULE 128. Judge at trial may refer cause. — Where after a trial of issues of fact it appears to the Judge who has tried the issues that there ought to be further enquiry and in- ' ' EXCHEQUER COURT RULES. 253 vcstigation as to accounts or like matters not comprised in the issues, and which cannot be conveniently enquired into at a trial before a Judge with or without a jury, the Judge may direct a preliminary judgment to be entered referring the action to a Judge in Chambers or to the Registrar or some other officer of the Court and either directing that final judgment be entered according to the result of the reference, or reserving the ease for further consideration after the report for final judgment. RULE 129.* Pji-inted copies of pleadings to be furnished for use of Judge. — The party who gives notice of trial shall furnish for the use of the Judge, fmr days before the trial, a printed copy of the pleadings, issues and order for trial. E. O. xxxvi. R. 17. RULE 130.=^ Copy of Judges notes to be made. — Immediately after the trial of any action or issues by a Judge alone, or by a Judge with a jury, the Registrar shall cause a copy of the Judge s notes of the evidence to be made, and after careful examination of the same he shall cause such copy to be filed with the other papers in the cause. EVIDENCE. RULE 131.* Evidence generally. — In the absence of any agree- ment between the parties, and subject to the provisions contained in the 63rd Section of the said Act, which requires that issues of fact shall be tried according to the laws of the Province in which the cause originated, including the laws of evidence, and subject also to these rules, the witnesses at the trial of any action shall be examined viVii voce, and in open Court, but subject to the said provisions of the said Act, the Court, or a Judge, may at any time, for 1 ii 254 EXCHEQUER COURT RULES. sufficient reason, order that any particular fact or facts may he proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as the Court or Judge may think reasonable, or that any witness vvhase attendance in Court ought for some sufficient cause to be dispensed with, be examined ?vW wr^or by interrogatories before a Commissioner or other officer of the Court provided that where it appears to the Court or Judge that the other party bona fide ^ desires the production of a witness for cross- examination and that such witness can be produced, an order shall not be made authorizing the evidence of sucli witness to be given by affidavit. E. O. xxxvii. R. 1. RULE 132.' Evidence by affidavit in certain cases. — Upon any motion, petition or summons, evidence may be given by affidavit, but the Court or a Judge may, on the applica- tion of either party, order the attendance for cross-examina- tion of the person making any such affidavit. E O. xxxvii. K. 2. RULE 133. What affidavits to contain. — Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions on which statements as to his belief with the grounds thereof may be admitted. The costs of every affidavit, which shall unnecessarily set forth matters of hearsay or argumentative matter or copies or extracts from documents shall be paid by the party filing the .same. E. O. xxxvii. R. 3. RULE 134.* Court or Judge may order any person to be exannined. — The Court or a Judge may, in a cause where it shall appear necessary for the purposes of justice, make any order for the examination upon oath before any officer 1 1 1 EXCHEQaER COURT RULES. $|HI of the Court, or any other person or persons duly authorized to take or administer oaths in the said Court, and at any Ijlace, of any witness or person, and may order any deposi- tion so taken to be filed in the Court, and may empower any party to any such cause or matter to give such deposition in evidence therein on such terms, if any, as the Court or a Judge may direct. E. O. xxxvii. B. 4. r ■ RULE 135.* Deponents may be cross-examined on afli- davit.— Any person making an affidavit to be used in an" notion may be required to appear before the Registrar, or any other person specially appointed for that purpose, to be cross-examined thereon. The attendance of such person may be enforced by Subpoena ad testificandum. Any person served with a subpoena for such purpose shall be entitled to the same fees as a witness at trial. Iwo clear days' notice of such cross-examination is to be given by the cross-examin- ing party to the opposite party. Taylor's C. Chj-. O. 268-269. RULE 136. How affidavits to be drawn.— Affidavits are in- variably to be drawn in the first person, and in numbered paragraphs, and no costs are to be taxed for any affidavits not so drawn. Gen. Rules (Ont.) T. T. 1856, 112. dlPlI RULE 137. When to be filed. —Affidavits to be used in support of any motion or application are to be filed when the order nisi or summons is moved or applied for, or, if the motion is to be made upon notice, before notice of motion is served. Gen Rules (Ont.) T. T. 1856, 117. Taylor's C. Chy. O. 261. wmm 256 K.\CltK, 1 by a jury, or by a Judge without a jury, must apply for the same to the Court by motion for an order calling upon the opposite party to show cause at the expira- tion of c'i[ifAl days from the date of the order, or so soon after as the case can be heard, why a new trial should not be directed. Such motion shall be made ^within (en days after the trial, or within such extended time as the Court or a Judge may allow. E. O. xxxix. R. 1. RULE 139. Order for when to be served. — A copy of such order shall be served on the opposite party within four days from the time of the same being made. E. O. xxxix. R. 2. RULE 140. Not to be granted on certain grounds. — A new trial shall not be grantetl on the ground of misdirection or of the improper admission or rejection of evidence, unless in the opinion of the Court some substantial wrong or mis- carriage has been thereby occasioned in the trial of the action ; and if it appear to the Court that such wrong or miscarriage affects part only of the matter in controversy, the Court may give final judgment as to part thereof, and «r/tv« days after ser- vice of the notice of the liling of any report, any party may, by a motion of which at least eight days' notice is to be given, appeal to the Court against any report, and ui^on 17 Q •■64 EXCHEQUER COURT RULES. such appeal motion, the Court may reverse the findings of the report or '.ary or refer it back for further consideration to the Judge, Registrar or other officer of the Court, as the case may be. Taylor's C. Chy. O. 253. EXECUTION. RULE 166.» Proceedings where judgment against Cro^wn directing payment of money. — No execution can issue on a judgment against the Crown for the payment of money. Where in any proceeding by information by the Attorney- General, there may be a judgment against the Crown direct- ing the payment of money for costs, or otherwise, a Judge may on the application of the party entitled to the money, certify to the Minister of Finance, the tenor and purport of the judgment, and such certificate shall be by the Registrar sent to or left at the Office of the Minister of Finance. RULE 167. Judgment for payment of money against any party other than Crov/n may be enforced by fl. fa. or sequestration. — A judgment or order for the pay- ment of money against any party to a suit other than the Crown may be enforced by writs o^ fieri facias against goods fieri facias against lands or sequestration. RULE 168. Judgment for payment of money into Court may be enforced by sequestration. — A Judgment for the payment of money into Court may be enforced by writ of Sequestration. E. O. xlii. K. I. RULE 169. For recovery or delivery of possession of land by writ of possession. — A judgment for the recovery of EXCHEQUER COURT RULES. 265 or the tlelh cry of possession of land may be enforced by writ of Dossession. K O. xlii. R. .S. RULK 17C. "Where judgment for recovery of any property other than land or money. — A judgment for the re- covery of any property other than land or money may be enforced — By writ for delivery of the property ; By writ of attachment ; By writ of sequestration. E. O. xlii. U. 4. RULE 171. "Where judgment requires the doing or ab- staining from any act. — A judgment requiring any person to do any act other than the payment of money or to abstain from doing anything may be enforced by writ of at- tachment or by committal. E. O. xlii. R. .'). RULE 172. No attachment to issue to compel payment of money. — No writ of attachment or other writ or process against the person is to issue to compel the payment of money RULE 173. n Meaning of terms " ^writ of execution " and is- suing execution against any party." In these rules the term "writ of execution" shall include writs of /?.li have arisen too late to be pleadetl, and the Court or Judge may give such relief and upon such terms as may be just. E. 0. xlii. H. 22. WRITS Ol' riKRI F.VCIAS. RULE 188. Forms of writs of fi. fa. — Writs of /?67'/y<>. 1. H. 4. RULE 206. Service of order for. — An order so obtained shall, unless the Court or Judge shall otherwise direct, be served upon the continuing party or parties to the action, or their attorneys or solicitors, ami also upon each such new party, unless the person making the application be himself the only new party, and the order shall from the time of such service, subject nevertheless to the next two following Rules, be binding on the persons served therewith, and every person served therewith who is not already a party to the action shall be bound to file his defence thereto within the same time and in the same manner as if he had been served N.'ith a copy of the Information, Petition of Right, or Statement of Claim, as the case may be. E. O. 1. K. .-,. RULE 207. Application may be made to discharge or vary such order. — Where any person who is under no disability or under no disability other than coverture, or being under any disability other than coverture, but havini; a guardian ad litem in the action, shall be served with sucli order, such person may apply to the Court or a Judge to discharge or vary such order at anytime within tioeh'e days from the service thereof. E, O. 1. R. n. i KXCHEgJKR COURT RIj'I.KS. RULE 208. 275 'Where person served is under any disability. — Where any person being under any disability other than coverture, and not having a guardian ad litem appointed in the action, is served with any such order, such person may apply to the Court or a Judge to discharge or vary such order at any time within Uvelvc days from the appointment of a guardian or guardians ad litem for such party, and until such period of tivelve days shall have expired such order shall have no force or effect as against such last-mentioned person. K. O. 1. R. 7. INTERLOCUTORY ORDERS AS TO INJUNCTIONS, RECEIVERS AND PAYMENT INTO COURT. RULE 209.* Injunctions and receivers. — An injunction may ho granted or a receiver appointed by an interlocutory order of the Court or a Judge in all cases in which it shall appear to the Court or Judge to be just or convenient that such order should be made, and any such order may be made ex parte or on notice, and either unconditionally or upon such terms and conditions as the Court or Judge shall think just. RULE 210.* Conservatory orders. — The Court or a Judge may make an order for the preservation or interim custody of the subject-matter of the litigation, or may order that the amount in dispute be paid into Court or otherwise secured. E. O. Hi. R. 1. RULE 211.* How money to be paid into Court.— Any party directed by any order of the Court or a Judge to pay money into Court must apply at the office of the Registrar for a direction so to do, which direction nuist be taken to the Ottawa Branch or agency of the Bank of Montreal, and the 276 KXCHKfJl'KR COURT RULKS. 5^ money there paid to the credit of the cause or matter, and after payment the receipt obtained Turn the Hank must be tiled at the Registrar's Office. RULE 212* Order for payment of money out of Court.— If money is to be paid out of Court an order of the Court or a Judge must be obtained for that purpose upon notice to the ojiposite party. RULE 213.* How money to be paid out of Court. —Money ordered to be paid out of Court is to be so paid upon the checpie of the Registrar, countersigned by a Judge. MOTIONS AND OTHKR AI'l'MCATIONS TO THE COURT. RULE 214.* Sittings of Judges in Court.— A Judge shall sit in open Court every Monday, or on the next juridical day in the event of any Monday being a holiday, for the purpose of hearing the argimient of demurrers, special cases, motions for judgment appeals from the reports of the Registrar or other officer of the Co.irt, and all other motions, applications and business, which cannot be transacted by a Judge in Chambers except the trial or hearing of causes. RULE 215.* Setting down of demurrers, special cases and motions. — Demurrers, special cases, motions for judgment, ordinary motions on notice and petitions are to be set down to be heard at least two days before the hearing, unless the Court or a Judge shall otherwise order, and are to be called on in the order in which they may be set down. i;Xt:iIK(2UER COURT RULES. 277 RULE 216.* Last rule not to apply to ex parte motions.— The last foregoing rule is not to apply to I'x /><7r/i' motions. RULE 217.* e «. Application to be made to a Judge in Court by motion. — Where by these Rules any application is authorized to be made to the Court or a Judge in an action, such application if made to a Judge in Court, shall be made by motion. K. O. liii. R. 1. RULE 218. No rule or order to show cause to be granted except where authorized by these rules. — No rule or order to show cause shall be granted in any action, except in the cases in which an application for such rule or order is expressly authorized by these Rules. E. O liii. R. 2. RULE 219.* Motions to be on notice. — Unless authorized by these Rules to be made ex parte motions are to be on notice unless the Court or a Judge shall think fit in the interests of justice to dispense with notice. E. O. liii., R. 3. RULE 220.* Notice to be s rved tw^o clear days before hearing. — Unless the Court or Judge give special leave to the contrary there must be at least hvo clear days between the service of a notice of motion and the day named in the notice fop hearing the motion. E. O. liii. R. 4. 278 KXCHE<^UER COURT RULES. RULE 221. Proceedings where notice not given to proper parties. — If on the hearing of a motion or other applica- tion the Court or Judge shall be of opinion that any person to whom notice has not been given ought to have or to have had such notice, the Court or Judge may either dismiss the notice or application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms, if any, as the Court or Judge may think fit to impose. E. O. liii. R. f). RULE 222. Hearing of any motion may be adjourned. — The hearing of any motion or application may from time to time V)e adjourned upon such terms, if any, as the Court or Judge shall think fit. E. O. liii. R. 6. RULE 223. Notice may be served without special leave in certain cases. — The Attorney-General, plaintiff or petitioner shall, without any special leave, be at liberty to serve any notice of motion or other notice, or any petition or summons upon any defendant, who, having been duly served with the information or petition of right, has not answered within the time limited for that purpose. E. O. liii. R. 7. RULE 224. May be served with or after filing of informa- tion or petition of right by leave.- -The Attorney- General, plaintiff or petitioner may, by leave of the Court or a Judge to be obtained ex parte^ serve any notice of motion upon any defendant along with the information, petition of right, or statement of claim or at any time after a service of the information, petition of right or statement of claim and before the time limited for the answer of such defendant. E. O. liii. R. 8. EXCHEQUER COURT RULES. 270 APPLICATION AT CHAMBERS. RULE 225. Application at Chambers. — Every application to a Judge at Chambers authorued by these rules shall be made in a summary way by summons. E. O. Ut. R. 1. RULE 226. Judge may rescind his own order. — Any Judge may rescind his own order by an order made in Chambers. COSTS. a- |ey. urt of on, fter lent lich RULE 227.* Costs may be a\srarded against the Crow^n.— Costs may be awarded against the Crown, subject to the provisions of these rules, that no execution shall issue on a ju'lgment or order for payment of money by the Crown. RULE 228.* Provisions as to costs. — The costs of and incident to all proceedings in the said Exchequer Court, shall be in the discretion of the Court or Judge, as the case may be, provided that where any action or issue is tried by a jury, the costs shall follow the event unless upon application made at the trial for good cause shown the Judge before whom such action or issue is tried, or the Courts shall otherwise order. E. O. Iv, RULE 229.* Ho-w to be taxed. — All costs between party and party shall be taxed pursuant to the tariff contained in Schedule T to be annexed to these orders and such taxation shall be by the Registrar in person, and shall not be delegated to any 18 B !• 280 i EXCHEQUER COtrRT RULES. Other ofTicer of the Court except in the unavoidable absence of the Registrar from iUness or any other cause, when the taxation shall be lx;fore the officer appointed by llie Court to perforin the Registrar's duties in his necessary absence. Security for w«t«. -No Bpcclal nile as to securitj' for costs has been iniule by the -ludfj^eH, hut in WikmI vh, the Qiiceii in t)ie Kx.elie(|uer Court of Ciuiiula (Canada Law Journal, .lunuary, 1H77). it wat«ti»fl(l that an ai^jiliuation for security for uoHtn iuu8t be niaile licforc Uie tinto alloweil for flliuK the defence ha.s expired, oxcqit uniler Hpocial cir* cuinMtonccs. By special circunistiinccH is meant, pr(.*bal>ly, casus in wlileh the residence of the (>etitionur or i>laintifl does not i4)pe:ir on tlio face of the i>etition or stat/enicnt of elaini, and in wliich the defendant by raisoiuible cnquir>' cr>uld not Imvvs ascertaineil such place of residence. In such »ises, no dmibt, the applicsition shuuhl lie made as soon ius ixtssible after kitowledge of the foreign resiUtjne^ has been acipured. RULE 230. Witness fees.— Witness shall be entitletl to lye paid the fees and allowances prescribed by Schedule U annexed hereto. APPEALS TO THE SUPREME COURT. RULE 231.* Appeals to the Supreme Court. — No decision or ruling at the trial or hearing of a cause shall be appealed from directly to the Supreme Court, but the party dissatisfied therewith must first seek relief by nnoving before the Ex- chequer Court as hereinbefore proviiled, and the appeal shall be from the refusal to grant an order f$in or, if an order shall have been granted, from the decision of the Court on the motion to make the same absolute. RULE 232.* Case in appeal how to be settled and -what to contain. — The case, in appeal from the Exchequer Court to the Supreme Court, is, in case the parties differ about the same, to be settled by a Judge upon one dayfs notice of an appointment for that purpose to be served by the party I I EXCHEQUER COURT RULES. 391 intcjKling to ap]>eal on the o]>posite party, and it is to con- tain tlie plcae entitle*! to the fees and poundage prescribed by Schedule \V to he hereto annexed. VACATIONS. RULE 247.* Christmas vacation. — There shall be a vacation n: Christmas, commencing on the 15th of December, 2.vA ending on the 8th of January. RULE 248.* Long Vacation. — The long vacation shall comprise the months of July and August. COMPUTATION OF TIME. RULE 249.* Computation of time. — In all cases in which any particular number of days not expressed to be clear days, is prescribed by the foregoing rules, the same shall be reckoneii exclusively of the first day and inclu- sively of the last day, unless such last day, shall happen to fall on a Sunday, or on a day appointed by the Governor General for a public fast or thanksgiving, or any other legal holiday or non-juridical day, as provided by the statutes of the Dominion of Canada. RULE 250.* Months to be calendar months.— Where by these rules, the time for doing any act or taking any pro- ceeding is limited by months, not expressed to be lunar inonths, such time shall be computed by calendar months. E. 0. Ivil R. 1. -^** KXCIIKQI'KR CoLfRT RUI.KS. 285 RULE 251.* Certair* days not to bo computed. — Where any limited ti ve less th-iu lix (i»iys frDin or after any tlaie or event is a])| 'uied or allowed for doing any act or taking any i)rocceding, Sunday, or a day appointed as aforesaid for a public fast or thanksgiving, or any other non- juridical day or legal holiday, shall not be reckoneil in the computation of sucli limit). ! time. E. O. Ivii. U. 3. • RULE 252.* "Where time for taking any proceeding expires on a Sunday or a day on whichi office is closed. — Where the time for doing any act or takin;^ any proceeding expires on a Sunday, or other day on which the offices are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the olTices shall next be open, E. O. Ivii. K. 3. RULi: 253.* No pleadings to be amended or delivered in long vacation. — No pleadings shall be amended or de- livered in the long vacation, unless duecled by the Court or a Judge. ^ E. O. Ivii. R. 4 RULE 254.* these pro- lunar ths. Long vacation not to be reckoned in compu- tation of time.— The time of the long vacation shall not be reckoned in the computation of the times appointed or allowed by these rules for filing, amending or serving any pleading, unless otherwise directed by the Court or a Judge. E. O. IviL R. 6. r > 286 EXCHEQUER COURT RULES. RULE 255.* Powers of Court or Judge as to enlarging or abridging time. — The Court or a Judge shall have power to enlarge or abridge the time appointed by these rules, or fixed by any order enlarging time, for (loing any act or taking any proceedmg, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered, although the application for the"' same is not made until after the expiration of the time appointed or allowed. E. O. Ivii. R. 6. GENERAL PROVISIONS. RULE 256.* Formal objections not to prevail. — No proceed- ing in the said Court shall be defeated by any merely formal olijection. RULE 257.* EfTect of non-compliance with rules.— Non-com- pliance with any of these rules shall not render the proceed- ings in any action void unless the Court or a Judge shall so direct, but such proceedings may be set aside either wholly or in part as irregular, or amended or otherwise dealt with in such manner and upon such terms as the Court or Judge shall think fit. E. O. lix. RULE 258. In proceedings not provided for practice of Her Majesty's High Court of Justice in England to be followed. — In provisions to which the provisions of Rule I shall not apply and which are not otherwise pro- vided for by these rules, the practice in use in Her Majesty's High Court of Justice in England shall be had recourse to and followed as nearly as may be. r' EXCHEQUER COURT RULES. 287 rging or lave power e i-ules, or any act or , the justice nt may be i not made allowed. INTERPRETATION. RULE 259.' No proceed- erely formal — Non-com- the proceed- Judge shall aside either If* V wise dealt he Court or jractice of 1 England le provisions herwise pro- ler Majesty's I recourse to In the preceding rules the term ** a Judge" means any Judge of tiie said Exchequer Court transacting business out of Court. RULE 260. In the preceding rules the following words have the several meanings herel>y assigned to them overand above their several ordinary meanings, unless there be something in the subject or context rci)ugnar.t to such construction, that is to say : 1. Words importing the singular number, include the plural number, and words importing the [ilural number include the singuhir number. 2. Words importing the masculine gender, include females. 3. The word "party" or "parties" and words "Plain- tills " and '* Defendants " include a body politic or corporate, and also Her Majesty and Her Majesty's Attorney General. 4. The Wonl " Afful.ivit " includes affnination. 5. The words " Revenue Causes " include the several classes of cases mentioned in J^cction 58 of the said Act. 6. The words " Non-revenue Causes" include thesever- al classes of cases mentioned in Section 59 of the said Act as well :is a Petition of Right. 7. The word " Petitioner" used alleinntively with the words "Attorney-General" and " PlaintilT," shall mean the Petitioner in any Petition of Right. 8. The word " actio!) " shall include a suit or proceed- ing by information by the Attorney-General as well as a Petition of Right or an action by a private suitor. Rules regulating procedure in suits by Eiiglitjli information. Rule xxiv. ; r^ 288 EXCHEQUER COURT RULES. RULES APPLICABLE TO CAUSES, IN WHICH CAUSE OF ACTION HAS ARISEN IN PROVINCE OF QUECEC. RULE 261. Rules applicable to Province of Quebec— The foregoing rules numbered i to 5, both inclusive, 9 to 13, both inclusive, 27, 29, 78, 79, 86 to 105, both inclusive, III to 117, both inclusive, 120, 125, 129 to 132, both in- clusive, 134, 135, 166, 209 to 220, both inclusive, 227 to 257, both inclusive, 259 and 260 shall be applicable to actions in which the cause of action shall have arisen in the Province of Quebec. Dated this fourth day of March, 1876. ' 4 . (Signed) n i> It It Wm. B. Richards, C.j^. W. J. Ritchie, y. S. K. Strong, f. J. T. Taschereau, y. T. FouRNiER, y. W. A. Henry, 7. PETITIONS OF RIGHT. " » in the court of exchequer. GENERAL ORDER. [Tuesday, April ^J/h, /S76.] In pursuance of the provisions contained in the Petition of Right Act, 1876, it is ordered : That the general rules and Orders of the Exchequer Court made and promulgated on the fourth day of March, 1876, under and pursuant to the Petition of Right Act, Canada, 1875, and the Supreme and Exchequer Court Act, shall, so far as the same may be applicable, apply to EXCHEQUER COURT RULES. 289 )n of Petitions of Right and other proceedings taken under the said Petition of Right Act, 1876. (Signed) Wm. B. Richards, C.J. W. J. Ritchie. J. S. H. Strong, J. •• J. T. Taschereau, J. T. Fournier, y. W. A. Henry. J, «« IN THE COURT OF EXCHEQUER. GENERAL ORDER 263. [Tuesday, February nth, 1878.] The Rules of the Exchequer Court of Canada promul- gated on the fourth day of March, iL^o, and numbered one hundred and thirty-eight, one hundred and thirty- nine, one hundred and forty, one hundred and forty-one, one hundred and forty-two, are hereby ordered and declared to be, and to have been, applicable to actions, in which the cause of action shall have arisen in the Pro- vince of Quebec. (Signed) Wm. B. Richards, W. J. Ritchie, y. S. H. Strong, y. T. Fournier, y. W. A. Henry, y. cy. (I exchequer court of CANADA. GENERAL ORDER 264. It is ordered, that during the absence from the City of Ottawa, of Robert Cassels, Jr., Esq., the Registrar of this Court, or until further order, the functions and duties of the said Registrar, including the taxation of costs, be performed by George Duval, Esq., the Pr6cis Writer of this Court. Dated Ottawa, loth September, 1877. (Signed) Wm. B. Richards, C.y. Wm. J. Ritchie, y. S. H. Strong, y . Taschbrea ''OURNIER. y. J. T. Taschereau, y. T. Fc i i 1 i ! 4 i i \ i 290 EXCHKQUER COURT RULES. SCHEDULE A. {Form of Information). Canada, Province of Filed loth March, 1876. {Rule No. 6). In the Exchequer Court ot Canada. The Queen, on the information of the Attorney- General for the Dominion of Canada, ANJJ John Smith, Plaintiff, Defendant. To the Honorable the Chief Justice and Justices of the Exchequer Court of Canada : The information of The Honorable. Her Majesty's Attorne5'-General for the Dominion of Canada, on behalf of Her Majesty, Sheweth as follows : (Here state facts concisely). claim. The Attorney-General, on behalf of Her Majesty the Queen, claims as follows : Signature, E. B., A ttorney -General. KXCnii(jUKK COURT RULES. 291 SCHEDULE B. (Rule 7). {Foffii ofStatemcnlofClaini in Action on rosiniaster\^ /><»// In the Exchequer Court of Canada, Province of ) Filed loth March, 1876. The Postmaster-General. Plaintiff, AND AS FOLLOWS : Majesty the A. H., C. D. and E. I"., STATEMENT OF CLAIM. Defendants . 1. The defendants, by their bond bearing date the day of A. D. 18. ., became jointly and severally bound to our Sovereign Lady the Queen, in the sum of $ , to be paid by the said defendants to our said Lady the Queen, subject to certain conditions thereunder written, upon fulfilment whereof the said bond was to be- come void. 2. One of the said conditions was and is that the said A. B. should, from time to time, and at all times when thereunto required, well and truly pay over to the Postmaster-General for Canada all sums as might o'- ought to be had and received by him for the sale and disposal of postage stamps and stamped envelopes, according to the value of the same respecLively, entrusted to him for sale as Postmaster at, &c. 3. Postage stamps and stamped envelopes to the value of one thousand dollars were, on day of , or thereabouts, entrusted to the said A. R., as Postmaster at, &c., for sale, and he has sold the same. 292 ICXCIIEQUER COURT RULES. 4. The said A. B. has paid over only $100 of the amount received by him on account of such sale, and refuses to ac- count for the balance of the amount received by him for the sale of the said postage stamps and stamped envelopes, although he has been required to do so. 5. A statement of the a xount of the said A. B. as such Postmaster and attested ? correct by the certificate and sig- nature of the accountant of the Post Office of Canada, shows such balance of $900 to be due and unpaid by the said A. B. ; and, by virtue of the *' Post Office Act of 1875," the plaintiff is entitled to demand judgment against the defend- ants for double the amount of the said balance. The plaintiff claims — I. Judgment against the said defendants, jointly and severally, for the sum of $1,800, and costs of suit. SCHEDULE C. (Rule 14). {Endorsement on Information • ^iacevient of Claim). Notice to the defendanl: »v ili named : You are required to file ivun the Registrar of the Ex- chequer Court of Canada at his office at the City of Ottawa, your plea, answer, exception or demurrer, or otherwise make your defence to the within information or statement of claim [as the case may be\ within from the service hereof. If you fail to file your plea, answer, exception or demurrer, or otherwise make your defence within the time above limited you are to be subject to have such judgment, decree or order made against you as the Court may think just upon the informant's (or plaintiff's) own showing, and if this notice is served upon you personally you will not be entitled to any further notice of the further proceedings in the cause. Note. — This Information {or statement of claini) is filed by A. B., &c., Her Majesty's Attorney-General for the Dominion of Canada, on behalf of Her Majesty {or by of the City of Ottawa, Solicitor, for the within- named plaintiff). e amount es to ac- m for the iivelopes, . as such ; and sig- la, shows e said A. 875," the e defend - )intly and stsof suit. uU 14). m). i the Ex- .f Ottawa, wise make It of claim le service ception or 1 the time judgment, may think )wing, and till not be eedings in m) is filed al for the ity {or by the within - KXCirKCJUICR COURT Ktl.KS. SCHEDULE D. 293 <^(fv 'rtiscment (Rule 24). m rase of a Defendant not to be found). Canada, \ Province of ( '" ^^'^ Exchequer Court of Canach JJetween A. B., Plaintiff, AND Defendant. C. D., {Copy Order). To the defendant C. D. : requirements of the above orde/Xr'"'? P"''?='"' •" ">e direct that the case shall tW,f' *^?'"'' or Judge may filed a plea, anst^^TJet^t'Trl™^^^^^^^ ^""'■''d allegat Oils contiinprl ,■«/»!•/' "^X^^^ing and deny ng the fiie,f in thr^Co i:;?i^e'trof :•^,r'r"''^^^^ accordingly. ™ '"^"°" "'" thereafter proceed li i i •i 294 KXCIIKOUKK COURT Rl'LKS, SCHEDULE £. FORMS OK I'LKAIUNGS. (Form of Information of Intrusion). Canada, Pro"ince of {Rule 32). In the Exchequer Court of Canada. Filed loth March, 1876. The Queen, on the information of the Attorney- General for the Dominion of Canada, Plaintiff, AND John Smith, Defendant. To the Honorable the Chief Justice and Justices of the Exchequer Court of Canada : The information of the Honorable Her Majesty's Attorney-General for the Dominion of Canada, on behalf of Her Majesty, SHEWETH as follows : 1. That certain lands and premises situate in the City of Ottawa, in the County of Carlcton, and Province of Ontario, and being, &c., on the first day of October, in the year of our Lord, 1875, ^"^ ^^"S before were and still ought to be in the hands and possession of Her Majesty the Queen. 2. That the Defendant on the said first day of October, in the year aforesaid in and upon the possession of the said I^dy the Queen, of and in the premises, entered intnuled EXCHEQUER COURT RULES. 295 and made entry, and the issues and profits thereof coming received and had and yet doth receive and have to his own use. CLAIM. The Attorney-General, on behalf of Her Majesty the Queen, claims as follows : 1. Possession of the said lands and premises. 2. $ for the issues and profits of the said lands and premises from the said first day of October A.D. 1875, till possession shall be given. (Signed,) Form of qui tam Action. Canada, Province of Ontario. In the Exchequer Court of Canada. Filed loth March, 1876. A. B. who sues as well for the Queen as for him- self. Plaintiff. AND C. D, Defendant. STATEMENT, I. By Section 3 of the Act passed by the Legislature of Canada in the 37th year of Her Majesty's reign, intituled : •* An Act to amend the Law relating to Bills of Exchange and Promissory Notes, and the stamps thereon," it is enact- ed, among otner things, as follows : [** Set forth the material part of the Section. ''\ 19 s , 396 I:XC11K«JUER COURT RUI.KS. 2. The said C. 1). who uas aiul is a biokcr within the meanini^ of the said Section, received on or al)oul the first . 1876, from one E. F. in payment of a debt due hy the said E. E. to him the said C. D., a certain Bill (»f Exchanj^e drawn hy one (J. II. upon and accepted by one K. L., lor the su?n of $300, and bearing date the twentieth 'by of January, A. D., 1876, which said Bill of Exchange was not duly stampetl ; and at the time the said C. D. so received the said Bill of Exchange he knew the same not to be duly stamped, but he did not on receiving the same aft'ix theieto and cancel the proper stamps within the meaning of the Act thirty-first Victoria, chapter nine. CLAIM. The PJaintitr claims — I. Judgment against the said defendant for the said sum of $500, and costs of suit. [TITLE.] STATEMENT OF DEFENCE. I. The Bill of Exchange mentioned in the statement mi claim, was duly stamped when received by the said C. D, [Add any other grounds of defence — each one to he stated con- cisely in a separate paragraph.^ [TITLE.] REPLY. I . The Plaintiff joins issue upon the Defendant's state* ment of defence. {Add any othei- ground: of reply in concise separate para- graphs.) KXLIIKiti.u COURT rtlks i ' ! 1 ?f SCHEDULE H. {Forfn of Pntcipe for setting do7vn Demurrer.) Canada, Province of {Rule 7S.) In the Exchequer Court of Canada. A.B. C. 1). vs. Enter for the argument the demurrer of to X. Y., Solicitor for the Plaintiff (or &c.) SCHEDULE I. {A'u/e 96.) I Form of affidavit as to docnvieuts. ) Canada, \ ' > In the Exchequer Court of Canada. Province of \ Between A. B. and C. 1). Plaintiff, Defendant I, the above-named defendant, C. D., make oath and say as follows : I. I have in my possession or power the documents relating to the matters in question in this suit, set forth in the first and second parts of the first schedule hereto. I kxchkn or i^ower on {state xuhen). 6. That {here state what has become of the last-mentioneil i/i>cuments, and in whose possession they now are.) 7. According to the best of my knowleilge, information and belief, I have not now and neve: liad in my posses'.ion, I iistotly or power, or in the possession, custody or po>^er of my solicitors or agents, solicitor or agent, or in the possession, |i«)wer or custody of any other persons or person on ray iK'half, any deed, account, book of account, voucher, rticeipt, letter, memorandum, paper or writing, or any copy or extract any from such document, or of any other document w hatsoever relating to the matters in question in this suit, or any of them, or wherein any entry has been made relative to such matters or any of them, other than and except the documents set forth in the first and second schedules hereto* Sworn, &c. I SCHEDULE K {RttlegS.) {Form of notice to produce documents. ) Canada, \ In the Exchequer Court of Canada. Province of ) A. B. vs. C. D. Take notice that the (plaintiff or defendant) requires you to produce for his inspection the following documents re- ir^ I ;i 'A 1 ; i 1 ■ 1 1 !! 300 EXCHEQUER COURl kUI.ES. ferred to in your (statement of claim or defence, or affidavit, dated the day of A.D )• Describe documents required. Dated at day of l8. . . . X. Y. Solicitor to the To Z., Solicitor for SCHEDULE L. {Rul''. gg.) {Form of notice to inspect documents.) Canada, \ In the Exchequer Court of Canada. Province of. A. B. vs. C. D. Take notice that you can inspect the documents mentioned in your notice of the day of A.D (except the deed numbered in that notice), at my office, on Thursda} next, the instant, between the hours of 12 and 4 o'clock. Or that the (plaintiff or defendant) objects to giving you inspection of the documents mentioned in your notice of the day of A. D . ... on the ground that {state the p'ound). Dated day of , i8 . . . . X. Y., " Solicitor for To Z.^ Solicitor for . EXCHEQUER COURT RULES. 301 SCHEDULE M. [Rule loS.) {Form of notice to admit documents.) Canada, i In the Exchequer Court of Canada. Province of j A. B. vs. CD. Take notice that the plaintiff (or defendant) in this cause proposes to adduce in evidence the several documents here- under specified, and that the same may be inspected by the defendant (or plaintiff), his solicitor or agent, at on the day of , between the hours of ; and the defendant (or plaintiff) is hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are speci- fic I to be originals were respectively writien, signed or executed as they purport respectively to have been ; that such as are specified as copies are true copies, and such documents as are stated to have been served, sent or delivered were so served, sent or delivered respectively, saving all just exceptions to the admissibility of all such documents as evidence in this cause. Dated, &c. To E. F., solicitor (or agent) for plaintiff (or defendant.) G. H. solicitor (or agent) for plaintiff (or defendant). {Here describe the documents^ the manner of doing which may be as follo^vs :) r !il 302 EXCHEQUER COURT RULES. ORIGINALS. Description of Documentt. Deed of covenant between A. B. and C. D., first |tart, and E. F. , second part Indenture of lease from A. B. to C. D , Indenture of re-lease between A. B., C. D., first part, &c , Lecter, defendant to plaintiff , Policy of insurance on goods by ship " Isabella," on voyage from Oporto to London Memorandum of agreement between C. D., cap- tain of said ship, and E. F Bill of exchange for £100, at three months, drawn by A. B. on and accepted bj' C. D., indorsed by K. F. and G. H Dates. January 1, 1848. February 1, 1848. February 2, 184a March 1, 1848. December 3, 1847. January 1, 1848. May 1, 1849. COPIES. Discription of Document. Dates, Register of baptism of A. B. . in the parish of X Januarj- 1, 1848.. . . Letter, plaintiff to defendant February 1, 1848 . . Notice to produce papers.. March 1, 1848. Record of judgment of the Court of Queen's Bench, in an action, J. S. v. J. N. Trin. Term, 10 Vic. Original or Dupli- cate served^ sent or delivered^ wheny how and by 7ukom. Sent by general post, February 2, 184^'. Served March 2, 1848, on defendant's at- torney, by E. F., of, &c. KXCHEQUKR COURT RULES. SCHEDULE y. 303 {Rule 11^ ) {Fonn for setting dozvn special case. ) Canada, \ Province of P" ^^^ Exchequer Court of Canada Between A. D., AND C. D. and others, Plaintiff; Defendants. Hated, &c. . X. Y., Solicitor for. SCHEDULE 0. FORMS OF JUDGMENT. I. DEFAULT OF DEFENCE IN CASE OF LIQUIDATED DEMAND. Canada, \ Province of. . . . f ^" ^^^ Exchequer Court of Canada. Between A. B., AND C. D. and E. F., 3cth November, 1876. Plaintiff, Defondants, I 304 KXCHKQUKR COURT RULES, The defendants not having filed any statement of defence, it is this day adjudged that the plaintiff recover against the said defendants $ [and costs, to be taxed J. 2. JUDGMENT IN DEFAULT OV DEFi^NCE IN ACTION FOR RECOVERY OF LAND. 30th November. 1876. No defence having been filed to the infoimation herein, it is this day adjudged that the plaintiff" recover possession of the land in the said information mentioned. 3. JUD(;MENT in default of defence AFTER ASSESSMENT OF DAMAGES. 30th November, 1876. The defendants not having filed a statement of defence, and the cause having been referred to ... . to assess the damages which the plaintiff" was entitled to recover, and the said having, by his report dated the 1876, reported that the said damages have been assessed at $ , it is adjudged that the plaintiff recover $ [and costs, to be taxed]. 4. JUDGMINT AT TRIAL BY JUDGE WITHOUT A JURY. Canada, \ In the Exchequer Court of Canada. Province of ) day of 18. . . . Between A. B., ' Plaintiff, AND C. D., E. F. and G. H., Defendants. KXCHKQUKR COURT RULKS. 305 ;nce, the :)N iin. It on of Phis action coming on for trial [the day of ; 1 IJ this day, before in the presence of counsel fill- plaintiff and the defendants [or, if some of the defcudants do not appear, for the plaintiff and the defendant, C. D. n'»ie appearing; for the defendants E. F. and (L II., al I I jugh they were duly served with notice of trial, as by afifi (I ivit of fded the day of ;i 'pears], upon hearing read the examination of the defend :i.:ts, C. D., E. F. and G. H., taken in the cause, the ad mission in writing, dated and signed by [Mr, , the solicitor for] the plaintift" A. li., and by [Mr , the solicitor for] the defendant, C. D., the affi lavit of filed the day of affuiavit of filed the day of the evidence of . , taken on their oral examination at the trial, and an exhibit marked X, being an .indenture daicd, &c., and made between [parties], and what was alleged by counsel on both sides : This Court doth declare, &c. And this Court doth order and adjudge, &c. 5. JUDGMENT AFTER TRIAL HY A JURY fence, assess |r, and 5ed at FRY. lada. 18.... [ Title, d-r.] 15th November, 1876. The action having, on the 12th and 13th November, 1876, been tried before the Honourable Mr. Justice and a jury of the County of , and the jury having found \state findings as in officer'' s certifcate], and the said Mr. Justice having ordered that judgment be entered for the plaintiff for $ [an In the Exchequer Court of Canada. Province of \ lietween A. B., AND C. D., Plaintiff , Defendant. 3»Jti EXL1IK<>UKR COUKT KULliS. Seal a writ oi fieri facias directed to the Sherifif of to levy of the goods and chattels of C. D the sum of $ and interest thereon at the rate of $ per centum per annum, from the day of [and $ costsj. Judgment [or order] dated day of [Taxing Master's certificate, dated J X. Y. , Solicitor for \_party on whose behalf writ is to issnc\ I i SCHEDXTLE 0. (Form of Writ of Voiditioni Exponas.) Canada, Province of Between (Rule ig2.) In the Exchequer Court of Canada. A. B., AND C. D. and others, Plaintiff, Defendants. Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith : To the Sheriff of , Greeting : Whereas by our writ we lately commanded you that of the goods and chattels of C. D. \^liere recite the fieri facias to the end], and on the day of you returned to us, at our Excliequer Court of Canada aforesaid, that by vir- tue of the said writ to you directed, you had taken goods and chattels of the said C. D., to the value of the money and interest aforesaid, which said goods and chattels remained on your hands unsold for want of buyers. Therefore we being KXCHKOUKR (OURT RULKS. 3U9 ^m of If the )f the ^0 the tied to ly vir- Isand and led on jeing desirous that the said A. H. shouUl be satisfied, his money and interest aforesaid, command you that you expose for sale and sell or cause to be sold, the goods and chattels of the said C. I)., by you, in form aforesaid, taken, and every part thereof for the best price that can be gotten for the same, and have the money arising from such sale before us in our said Exchequer Court of Canada immediately after the txocution hereof, to be paid to the said A. B., and have there then this writ. Witness the Honourable William Buell Richards, Chief Justice of our Exchetjuer Court of Canada, at Ottawa, the day of in the year of our Lord one thousand eight hundred and and the year of our reign. SCHEDULE R. {Form of IVrii' of Sequestration.) Canada, Province of lietween A. B., AND C. 13, and others, {Rule igy.) In the Exchequer Court of Canada. Plaintiff, Defendants, Victoria, &c. To , Gn'i'ting: > Whereas lately, in our Exchequer Court of Canada, in a certain action there depending, wherein A. B. is plaintiff and C. D. and others are defendants [or^ in a certain matter there depending, intituled, ** In the matter of E. F., as the case may <^«], by a judgment \pr order, as the case may be\ of 310 kxchk(m:kr court rules. our said Court, made in the said action [or matter], and bearing date the day of 187 . . , it was ordered that the si; id C. D. should [pay into Court, to the credit of the said action, the sum of or, as the case may he\. Know ye, therefore, that we, in confidence of your prudence and fidelity, have given, and by these presents do give to you full power and authority to enter upon all the messuages, lands, tenements and real estate whatsoever of the said C. D., and to collect, receive and sequester into your hands not only all the rents and profits of the said mes- suages, lands, tenements and real estate, but also all his goods, chattels and personal estate whatsoever, and therefore we conmiand you that you do, at certain proper and conve- nient days ancl hours, go to and enter upon all the messuages, lands, tenements and real estate of the said C. D., and that you do collect, take and get into your hands not only the rents and profits of his said real estate, but also all his goods, chattels and personal estate, and detain and keep the same under sequestration in your hands until the said C. D. shall [pay into Court, to the credit of the said action, the sum of or, as the case viay be\ clear his contempt, and our said Court make other order to the contrary. Witness, &c. SOHEDULE S. ^^Form of Writ of Delivery.) Canada, Province of Between (Rule 201. ) In the Exchequer Court of Canada. A. B., AND C. D. and others, Plaintiff. Defendants, EXCHEQUER COURT RULES. 311 V'^ICTORIA, by the Grace of Gofi, of the United Kingdom of Great Britain and Ireland, Defender of the Faith. To the Sheriff of. Creeling : We command you tliat without delay you cause the follo\vin<^ chattels that is to say \here em tncnxte the chattels recovered by the Jud^^ment, for the retioii of which execution has been ordered to issue\, to be returned to A. li., lately in our Exchequer Court of Canada recovered again.st C. 1>. \or C. I), was ordered to deliver to the saiil A. B.] in an action in our said Court.* And we further commanfl you, that if the said chattels cannot be found in your bailiwick, you distrain the said C. 1)., by all his lands and chattels in your baiHwick, so that neither the said C. D. nor any one for him do lay hands on the same until the said C. D. render to the said A. B. the said chattels ; and in what manner you shall have executed this our writ make appear to us at our said Exchequer Court of Canada, immediately after the execution hereof, and have you there then this writ. Witness the Honourable William Buell Richards, Chief Justice of our Exchequer Court of Canada, at Ottawa, the day of , in the year of our Lord one thousand eight hundred and , and the year of our reign. The like, but instead of a distress until the chattel is returned, commanding the Sheriff to levy on the defendant's goods the assessed value of it. [Proceed as in the preceding form until the *, and then thus :] And we further command you that if the said chattels cannot be found in your bailiwick, of the goods and chattels of the said C. D., in your bailiwick you cause to be made \the assessed value of the chattel s\ and in what manner you shall have executed this our writ make appear to us at our Exchequer Court of Canada, at Ottawa, immediately after the execution hereof, and have you there then this writ. Witness, &c. 20 T 312 KXCHD^lTrR COURT RULES. SCHEDULE T. EXCHEQUER TARIFF. FEES AND CHARGES TO HE ALLOWED TO ATTORNEYS AND SOLICITORS IN THE TAXATION OF COSTS BETWEEN PARTY AND PARTY. Instructions. For informations, statements of claim and petitions. , $5 00 For special cases, answers, examinations, denmrrers, pleas and exceptions 5 00 For amended or supplemental information, and peti- tion when such amendment not occasioned by the error or default of the plaintiff 2 00 For brief, for moving, for injunction 2 00 For interrogatories and for viva voce examinations of parties or witnesses 2 00 For special petitions in interlocutory matters 2 00 For special affidavits i go For brief in suits by information, statement of claim or petition of right in cause coming on for trial or hearing 2 00 To defend proceedings commenced by information, petition or statement of claim 5 00 For instructions for order to revive or add parties. ... 2 oc The preparation of pleadings and other documents. Drawing informations, petitions or statement of claim not exceeding 20 folios 5 00 Drawing defence, answer or other pleading not speci- ally mentioned, nor exceeding five folios in length 2 00 For examining and correcting the proof of any plead- ing or affidavits or other papers required to be printed, per folio 10 EXCIIEQUKK COURT RULES. 313 Preparing nml filing joinder of issue $i oo Sny^eslion as to the death of paities ami the like.. . . l 50 Afiiilavit of service of information, statement of claim or petition i ^o Special affidavit not exceeditig five folios 1 "> Every bill of costs, not exceeding five folios 2 00 Copies of a notice of motion, order or a certificate to serve, per folio 20 CojMes of all other documents or pajxirs, per folio. . . 10 Notice of motion i 50 Certificate to appoint guardian ad litem i 50 Summons to attend Judge's chambers * 5<5 Advertisements to be signed by Registrar, not exceed- ing five folios in length i 50 Every writ of mesne or final process, not exceeding five folios 2 00 For every folio beyond the number jirovided for in any case, and for drawing or amending every other proceeding, notice, petition, or paper in a cause requiring to be drafted, not herein specially provided for, per folio, of necessary matter 25 Perusals, For perusing the print of an information, petition, statement of claim or amended information, peti- tion, or statement of claim not exceeding 20 folios I 00 For every folio exceeding 20 folios 05 For perusing an amended information, petition, or statement of claim when amended in writing ... i 00 The same rates as above for perusing answers in print or amended answer in writing. To the Attorney or Solicitor for perusing interroga- tories, not exceeding 20 folios i 00 For every folio exceeding 20 folios 05 For perusing all special affidavits fded by opposite party, and examinations at the same rate. For perusal of copy of supplemental statement and copy of order to revive, each i 00 In cases where pleadings or papers are printed, the amount actually and properly paid the printer is io be allowed, not exceeding per folio 30 i 'I 314 EXCHEQUER COURT RULES. Attendance. To inspect or pro luce for inspection documents pur- suant to notice to admit or order for inspection, 1 o examine and sign admissions ; On taxation of costs ; To obtain or give undertaking to defend, each .... $i oo On a reference, or examination of witnesses or parties per hour ; On a summons at Judge's Chambers ; On consultation or conference with counsel ; In court on motion, per hour ; In court on demurrer, special petition or applica- tion adjourned from Judge's Chambers, when set down for hearing or likely to be heard ; On hearing or trial of any cause or matter, per hour ; To hear judgment, when same adjourned ; For order made at Judge's Chambers, and to get same entered ; To settle draft of any judgment, decree, or order ; To pay money into court Each 2 oo Every other proper attendance. ... 50 Services. - Eor service on a party or witness such reasonable charges and expenses as may be properly incurred. Oaths and Exhibits. To the Commissioner for oath 25 To the Attorney or Solicitor for preparing each exhibit 25 The Commissioner for marking each exhibit 10 Counsel. Fee on drawing and settling pleadmgs, and advising on evidence 5 00 P'ee on motion in court, up to 10 00 Fee on argument on demurrer not to exceed 20 00 Fee with brief on trial of issues or hearing to 40 00 EXCHEQUER COURT RULES. 315 (No more than two counsel fees to be taxed with- out an order of a judge) Fee on motion for judgment to $20 oo (The .above fees to counsel may be increased by order of the Court or of a Judge) Disbursements. Besides the Registrar's Fees, reasonable charges shall be allowed to Attorneys and Solicitors for neces- sary disbursments and postage on services of notices, motions, subprenas, translations, print- ing of the same, copies, and other incidental proceedings — In cases of special reference where by order of the Judge or Court, the Enquiry is to be proceeded with at same place other than Ottawa, the Referee shall be allowed travelling expenses not to exceed per diem 4 00 For drafting report on reference, per folio 30 Per diem allowance during the time employed on the reference 10 00 (To be increased by order of the Court or a Judge) When at the request of the parties with the assent of the Judge, or when by order of the Judge, an examination of witnesses is taken by a short-hand reporter, the expenses of so taking such examin- ation, not to exceed per folio 30 cents including copy in long-hand to file in the case may be taxed as costs between party and party — In action under $400, a deduction of one-third of the amount of the fees (other than disbursements) above allowed shall be made by the taxing officer — unless otherwise ordered by the Court or a Judge — Where the proceedings are carried on accordingly to the practice of Her Majesty's Superior Court in the Province of Quebec, and where the foregoing tarifif may not provide for or be applicable to any such proceedings, the fees shall be 316 EXLHEQUKR COURT RULES. taxed accordingly to the tariff now in force in the said Superior Court. 4th March, 1876. (Signed), II II 11 II Wm. B. Richards, C. J. \V. J. Ritchie, J. S. H. Strong, J. J. T. Taschereau, J. T. FOUKNIER, J. W. A. Henry, J. SCHEDULE U. {Rule 2J0. ) fees and allowances to witnesses. To witnesses residing within three miles of the Court per diem $i 00 To witnesses residing over 3 miles from the Court, i 25 Barristers, Attorneys and Physicians, when called upon to give evidence in consequence of any professional services rendered by them, or to give professional opinions, per diem 4 00 Engineers and Surveyoi^s, when called upon to give evidence of any professional services rendered by them, and to give evidence depending upon their skill or judgment, per diem 4 00 If the witnesses attend in one cause only, they will be entitled to the full allowance. If they attend in more than one cause they will be entitled to a a portionate jiart in each cause only. The travelling expenses of witnesses over ten miles, shall be allowed, according the sum reasonably and actually paid, and in no case shall exceed one shilling per mile one way. EXCHEQUER COURT RULES. 31 in the said DS, C. % 7. 7. ^u, 7- SCHEDULE V. {Form of Suhpa-na.) [NitU- 237.) Victoria, by the Grace of God, of the United Kingilom of Great Britain and Ireland, Qukkn, Offender of the Faith, &c. To , Greeting : We command you [and every of you], that, all excuses ceasing, you do personally be and appear before the Justices of our Exchequer Court of Canada, at on the day of , at o'clock in the noon, [or , an examiner or other officer authorized to take the tc^.imony of witnesses in the cause hereafter mentioned, at such times and places as he in writing shall appoint], to testify the truth according to your knowledge in a certain cause depending in Our said Exchequer Court of Canada, wherein is petitioner or plaintiff, [or. and others are plaintiffs], and and others or another is [or are] defendant [or defendants] on the part of the [and you then and there l)ring with you and produce ], and hereof fail not at your peril. Witness, &c. SCHEDULE W. ( Rtile 246. ) EXCHEQUER COURT OF CANADA. sheriff's tariff. The following fees and allowances shall be taken and re- ceived by the Sheriff in suits in the Exchequer Court of Canada : Every warrant to execute any process mesne, or final, directed to the Sheriff, when given to a Bailiff. . .$ 75 Arrest, when amount does not exceed $200 2 00 '♦ " •♦ $400 I 00 " " over $400 600 lil 318 EXCHEQUER COURT RULES. Bail or other Bond $2 00 Assignment of the same i 00 Service of Process, Scirg Facias, Writ of Revivor, In- formation, or Statement of Claim, each defendant, (no fee for affidavit of service in such cases to be allowed unless service made or recognized by the Sheriff) I 50 Serving other pleadings, Subpoenas, Rules, Notices, or other pipers (besides mileage) 75 For each adai ional party served 50 For each Summoner on Writ of Scire Facias per day, to be paid by Sheriff i 00 Receiving, filing, entering and endorsing all writs, in- formations, statements, pleadings, rules, notices or other papers, each 25 Return of all process and writs (except subpoena) in- formations, statements, pleadings, rules, notices, or other papers 50 Every search, not being a party to a cause or his attorney 30 Certificate of result of such search, when required (a search for a writ against lands of a party, shall include sales under writ against same party and for the then last six months) 75 Fee on striking jury 2 50 Serving each juror (besides mileage @ 13c. per mile). 50 Returning panel of jurors i 00 Keeping and checking pay list of jurors' attendance, in each case i 00 Every jury sworn or cause tried before a Judge i oo Poundage on executions and on writs in the nature of executions where the sum made shall not exceed $1000, six per cent. When the sum is over $1000 and under $4,0(X>, three per cent., when the sum is $4,000 and over, one and a half per cent., in addition to the poundage allowed up to $1000, exclusive of mileage, for going to seize and sell, and except all disburse- ments necessarily incurred in the care and re- moval of property. Schedule taken on execution or other process, in- $2 OO I OO EXCHEQUER COURT RULES. 310 I 50 75 50 I 00 n- es m- his all md e). ice, 25 50 75 2 50 50 I 00 I 00 I OO e of ;eed iree one lage age, .irse- re- in- •1 ,m eluding copy to defendant, not exceeding five folios $ I 00 Each folio above five 10 Drawing advertisements when required by law to be published in the Official Gazette or other news- paper, or to be posted up in a Court House or other place, and transmitting same, in each suit, i 50 Every necessary notice of sale of goods, in each suit. 75 Every notice of postponement of sale, in each suit. , 25 The sum actually disbursed for advertisements required by law to be inserted in the Official Gazette or other newspaper. Executing writ of possession besides mileage 6 00 Bringing up prisoner on attachment or habeas corpus^ besides travel, @ 20c. per mile i 50 Actual and necessary mileage from the Court House to the place where service of any process, paper or proceeding is made, per mile 13 Seizing estate and effects on attachment against debtor 3 00 Removing or retaining property, reasonable and necessary disbursements and allowances to be made by order of the Court or a Judge. Presiding or attendance on execution of writ of en- quiry or under any writ of escheat, or other writ of a like nature 5 00 Summoning each juror in such case 25 Bailiff's fee summoning jury, mileage per mile 13 Hire of room, if actually paid, not to exceed $2 per day. Mileage from the Court House to the place where writ executed per mile 13 Drawing bond to secure goods seized, if prepared by Sheriff I 50 Every letter written (including copy) required by party or his Attorney respecting writs or process, when postage prepaid 50 Drawing every affidavit when necessary and prepared by Sherilf. 25 Giving possession of lands, exclusive of mileage and assistance 5 00 All necessary disbursements to surveyors and others for surveying the lands and giving possession, to be allowed to the Sheriff. F ^ i! ]■■ ' i I 320 EXCHEQUER COURT RULES. CORONERS. The same fees shall be taxed and allowed to Coroners for services rendered by them in the service, executions and return of process, as allowed to Sheriffs for the same services and above specified. TARIFF OF FEES TO CRIER. The following fees shall be taxed to the Crier of the said Court ; Calling fevery case with or without a jury Swearing each witness or constable Proclamation and calling parties connected with pro- ceedings other than witnesses or constables, each person On each inscription for enqiiete in actions not contested 4th March, 1876. (Signed), Wm. B. Richards, C. J, n W. J. Ritchie, J. II , S. H. Strong, J. 11 ' J. T. Taschereau, y. W T. FOURNIER, J. M W. A. Henry, J. 50 15 25 50 SCHEDULE X. The following fees shall be paid to the Registrar of the Exchequer Court of Canada: On sealing every writ (besides filings) $ 2 00 On certifying every office copy of information or state- ment of claim and affixing seal of the Court when necessary 2 00 Filing every writ, affidavit or other proceeding or paper not specially provided for 10 EXCHEQUER COURT RULES, flElt Amending every writ or other proceeding or paper. .$ 30 Every ordinary rule or order 50 Special rule or order not exceeding six folios . ..... i 00 Each additional folio 25 Every judgment and entering the same 2 00 Taxing every bill of costs, and giving allocatur (be- sides filings) I 00 Every reference, enquiry, examination or other special matter referred to the Registrar, for every meeting not exceeding one hour i 00 Every additional hour or less i 00 For every report made by the Registrar upon such reference, «S:c I 00 Upon payment of money into Court, every sum under $200 I 00 On $2oa to $400 2 00 On $400 4 00 A percentage on money over $400 paid in under pleadings at the rate of one per cent. Receipt for money in margin of answer 25 Every other certificate required from Registrar (in- cluding any necessary search), and seal of the Court when necessary i 00 Exemplification or office copy of proceedings, per folio 10 Every search, if within one year 20 Every search, if for one year and within two years. . 25 Every search for papers, or a general search in one cause 5^ Every search in any book 25 Every affidavit, affirmation or oath administered by Registrar 25 Entering satisfaction of judgment and filing satisfac- tion piece 50 Every commission or order for examination of wit- nesses I S^ On filing every information, statement or petition of right 2 00 Entering every cause for trial when cause tried by a jury 5 00 When tried without a jury 2 cx> I 322 EXCHEQUER COURT RULES. Entering or setting down a cause for hearing on de- murrer, special case or petition of right $ 2 cx) Every verdict taken, nonsuit, jury discharged or cause withdrawn I oo Every rule or order — Special not exceeding six folios I oo • Every additional folio 25 Common 5<^ Every fiat or summons ^O Every enlargement on application to Judge in Cham- bers or on return of summons or otherwise 25 Every appointment for taxation of costs or otherwise, made by Registrar 25 Every appointment made by a Judge 5° On each deposition of every witness taken in writing, in contested cases, for every 100 words 10 For each deposition taken in writing ex parte

M(Hi*^* III maasBSSSBM 338 INDEX. ACTION, -Continued. order to add parties to, how and when obtained, p. 273, E.C. R. 206. how such order to be served, and proceedings tnereon, p. 274, E. C. R. 206. application to vary or discharge such order by party under no disability, n. 274, E. C. R. 207. and by party under disability, p. 276, S. C. R. 208. interpretation of word, p. 287, E. C. R. 260. See Cause of Action. ACT OF PARLIAMENT, proceedings alTecting validity of act of Parliament of Canjida to be in Supreme Court, p. 133, S. C. A. 56. and also proceedings affecting validity of Act of Legislature of any Province, p. 133, S. C. A. 66. in these cases Judge of Court below to order case to be removed to Supreme Court, p. 133, S. C. A. 56. but in cases only of a civil nature, p. 133, S. C. A. 67. ACTS, certain, extendcil to Offtcers of the Supreme and Exchequer Courts, p. 162, S. C. A. A. 88. ACTS CITED, See STATU"! BS CiTBD. ACTS PRINTED, British North America Act, 1867, p. 49. British North America Act, 1871, p. 103. Parliament of Canada Act, 1875, p. 109. Supreme and Exchequer Court Act, p 115. an Act to make further provision in regard to the Supreme Court and the Exchequer Court of Canada, p. 151, S. C. A. A. Petition of Right Act, 1876, p. 167. an Act to provide for certain amendments of the Law, sec. 1, p. 327. an Act respecting references to the Supreme Court of Canada and the Exchequer Court of Canada, in certain cases, p. 828. an Act to amend the Acts relating to the Supreme and Exchequer Courts, p. 329. an Act to establish a Court of Maritime jurisdiction in the Pro- vince of Ontario, p. 330. ADDITION OF SENATORS. See Srn'ATE. ADJOURNMENT, power of, given Supreme Court, p. 121, S. C. A. 14. . notice of adjournment of any session of Supreme Court to be given in " Canada Gazette " by Registrar, p. 121, S. C. A. 14. of appeal, omission to give notice of intention to contend that decision of Court below should be varied, may be ground for, p. 195, S. C. R. 61. of sittings of Supreme Court, until quorum present, p. 198, S. C. R. 73. of sittings of Exchequer Court, by Sheriff, if Judge unable to attend, p. 251, E. C. R. 120. of trial, by Judge, p. 251, E. C. R. 123. INDKX. 839 ADMINISTRATION OF JUSTICE, See J I- DOES, in Provincas, under their exclusive contml, p. 73, H. N. appointment of Judges, except Judj^es of Probate in Nova and New Brunswick, beU)ng's to Governor General, p. N. A. 96. A. 92. Scotia 77, B. ADMINISTRATORS OF GOVERNMENT, have same powers a,s Governors, pjt. 54, 66, B. N. A. 10, 62. for Provinces, named by Governor General, p. 67, B. N. A. 67. ADMISSION, of defence arisin'.', pending action, j). 229, E. C R. 48. form of, p. 229, E. C. R. 48. by any partv to action, of truth of whole or anv part of case of other party, p. 245, E. C. R. 106. notice to admit, may be yiven, p. 246, E. C. R. 107. refusal to comi)ly with notice, effect of, p. 246, E. C. R. 107. form of notice to admit, p. 246, E. C. R. 108. evidence of, what sufficient, p. 246, E. C. R. 109. application for order uy>ou admissions of fact, p. 261, E. C. R. 155. of other colonies, p. 87, B. N. A. 146. of articles of home growth, maimfacture, or produce, duty free, p. 81, B. N. A. 121. ADVERTISEMENT, in case of defendant not to be found, p. 222, E. C. R. 24. Judge may order office coi)y of information, &c., and order to be mailed in atldition to, p. 222, E. C. R. 25. ADVOCATES, of 10 vears' (Standing, eligible for Ciiief Justice or Judge of Supreme Court, p. 118, S. C. A. 4. in any Province to have right to practise in Supreme and Ex- chequer Court.s, p. i;{8, S. C. A. 76. practising in Supreme Court, to enter name of agent, or elect a domicile, ]». 185, S. C. R. 16. AFFIDAVITS, all persons authorized to administer affidavits in any of the Sui)e- rior Courts of anj' Province, may administer affidavits sworn in such Province, to be used in .Supreme or Exchequer Courts, p 137, S. C. A. 74. commissioners for taking, may be apixiinted by Governor in cooncil, p. 155, S. C. A. A. 10. before whom to be taken, out of Canada, p. 156, S. C. A. A. 12. infonualitj' in, not to be an objection to, p. 157, S. C. A. A. 15. nf)r to be set up to defeat an indictment for perjiu-y, p. 157, S. C. A. A. 15. evidence of any witness may be taken on, p. 169, P. R. A. 9 service of notice of motion to be accompanied bv copies of, p. 191, S C. R. 41. upon application supix)rted bv, further time may be given, p. 191, S. C. R. 42. affidavit that reasons for Judgment of Court below cannot be pro- curetl to be contained in case, p. 182, S. C. R. 2. 22 V 340 INUEX. AFFIDAVITS,— Co/ir/«mv/. in support of interl. 223, E. C. R. 26. affidavit on j»roduction, form of, p. 242, K. C R. 90. a])plication for inspection to be founded on, p. 244, E. C. R. 101. proving iulmissi(»ns, p. 240, K. C. R, 109. Jud^'e may order facts t(j be proved by, p. 253, I''. C. R. 131. of any witness may be ordered to be read at trial, jt. 2.'»3, E. C. R. i31. ui)on any motion, ])etition or summons, evidence may be given by, p. 254, E. C. R. 132. Judjfc may order attendance of person making', for cross-exami- nation, 1). 2.')4, E. C. R. 132. to be confined to facts witnessable to prove, p. 254, E. C. R. 133. except on interlocutory motions, p. 254, E. C. U. 133. costs of unnecessary, to be paid by party filing, \y. 254, E. C. R. 133. any i)erson making, may be ordered to appear liefore Registrar for cross-examination, p. 2.55, E. C R. 135. attendance for cross-examination on, how enforced, p. 255, E. C, R. 135. fees to be i)aid witness attending, p. 255, E. C. R. 135. notice of such cross-examination to be given, p. 255, E. C. R. 135. to be drawn in first person, and 'uuiil ' ' paragraphs, p. 255, E. C. R. 130. in support of motion or ,,-n, when to be filed, p. 255, E. C. R. 137. leave to use, on motion i udgment, p. l E. C. R. 143. interpretation i>f word, i- S7, E. C R. 260. AFFIRMATION, examination of witnesses may bt taken upon, in certain cases, p. 153, S. C. A. A. 2. word "affidavit" includes, p. 287, E. C R. 260. AGENT, service of notice of motion may be made by delivering copy to, p. 191, S. C. R. 40. AGENT'S BOOK, to be kept in office of Registrar of Supreme Court, p 185, S. C. R. 16. name of agent or domicile to be entered in, p. 185, S. C. R. 16. to be kept in office of Registrar of Exchequer Court, p. 281, B. ■ C. R. 233. purpose of, p. 281, E. C. R. 233. address for service may be entered in, p. 281, E. C. R. 234. when agent or address not entered in, papers may be served by affixing them in office of Registrar, p. 281, E. C. R. 235. AGRICULTURE AND IMMIGRATION, may be legislated upon by each Province for local purposes, p. 76, B. N. A. 95. INDF.X. 341 ALOOMA, ELKCTORAIi DISTHKT, evorv male British Hubject, belii;^- a lnmseholder a7. ALLOWANCE, to retirinjf Judjjfc.s— and how payable, p. 119, S. C. A. 7. ALLOWANCES, to Provinces -p. 80, B. N. A. 118-1). See "Salahies." AMENDMENT, of Pleadings generally, p. 231, E. C. H. 57. of information, &c. , without leave, p. 232, E. 0. R. 58. application to disallow, p. 232, E. C. U. 5U. general powers of, p. 232, E. C R. (Jl. failure to make, in time limited, p. 233, E. C. R. 62. how to be made, p. 233, E. C. R. 03. date of, to be marked on pleading, p. 233, E. C. R. 64. service of amended pleading, p. 234, E. C. R. 05. of Writs, p. 282, E. C. R. 239. of pleadings in Long Vacation not permitted, p. 285, E. C. R. 253. AMOVEAS MANUS, judgment that suppliant entitled to relief to have effect of judgment of, in certain cases, p. 170, P. R. A. 12. ANSWER, See "Dekknce." APPEAL, General Court of, may be constituted by Parliament of Can- ada, p. 77, B. N. A. 101. to Governor in Council in favor of Dissentient Schools, See " Education," p. 75, B. N. A. 93 (4). interpretation of word, p. 120, S. C. A. 11. when given, always understood to be from Court of last resort in Province where judgment rendered, p. 120, S. C. A. 11. in what cases it shall lie, p. 121, S. C. A. 17. limitation as to cases in which it shall lie, p. 121, S. C. A. 17. proviso as to, from Province of Quebec, p. 121, S. C. A. 17. upon special case, p. 122, S. C. A. 18. on a point reserved, p. 122, S. C. A. 19. in cases of motions for new trial, p. 122, S. C. A. 20. not to be allowed under Sees. 18, 10 and 20 unless notice in writing given to opposite party or his Attorney within 20 days after decision complained of, or such further time as Court appealed from, or Judge may allow, p 122 S. C. A. 21. in Mandamus, p. 122. S. C. A. 23. in habeas corpus cases not arising out of a criminal charge, p. 122, S. C. A. 23. 342 INDEX. APPEAL, —CcvHmied. in any case in which by-law of a Municipal Corporation has been (juashed by Rule of Court, p. 122, S. C. A. 23. or rule f(>r quashing by-laws has been refused, p. 122, S. C. A. 23. practice n. , to be in conformity with present practice of Judical committee of H. M. , Privy Council, when not other- wise provi'led for by Act or Rules, p. 123, S C. A 24. limitation of time for, in Election caxes. p. 123, S. C. A. 25. — , in other cases, p. 123, S C. A. 25. may be allowed in certain cases, notwithstanding' lapse of time, p. 123, S. C. A. 26. will lie directl}- to Supreme Court, by consent of parties, p. 123, S. C. A. 27. no Writ required for bringing an)-, into Supreme Court, p. 123, S. C. A. 28. shall lie upon a case to be stated by parties, or settled by Court appealed from, or a Judge thereof, p. 124, S. C. A. 29. security in, $500, p. 124, S. C. A. 31. except in Habeas corpus cases, p. 124, S. C. A. 31. and Election cases, p. 124, S. C. A. 31. appellant may, discontinue proceedings in, by giving notice, p. 127, S. C. A. 39. motion for dismissal of, may be made on notice, if appeal not prosecuted, p. 128, S. C. A.' 41. judgment of Supreme Court, in, to be certified by Registrar to proper officer of court of original jurisdiction, p. 129, S. C. A. 46. shall not be brought from judgment of Supreme Court, to any other Court, p. 129, S. C. A. 47 in Controverted Elections,— \x 129, S. C. A. 48. in Criminal cases,— p. 131, S. C. A. 49. in Exchequer cases,— p. 136, S. C. A. 68. in habeas corptis cases to be heard at an early day, p. 160, S. C. A. A. 28. respondent may move to dismiss, if case not filed within one month after security allowed, p. 182, S. C. R. 5. to be set down for hearing by Registrar one month before first day of session fixed for hearing, p. 189, S. C. R. 31. to be heard in order in which set down, p. 189, S. C. R. 34. further time for inscribing may be given, p. 191, S. C. R. 42. to be deemed out of Court for delay if not brought on for hearing within one year after security allowed, p. 191, S. C. R. 44. in Criminal cases, certain Rules not to apply to, ]). 192, S. C, R, 46. in matters of habeas corpus certain rules not to apply to, p. 192, S. C. R. 46. in Eleetion cases,— See "Election Appeals." See " Cross Appeals." from Registrars Report— See " Report," p. 263, E. C. R. 165. to Supreme Court in Exchequer cases to be from refusal to grant order nui, or from decision on motion to make same absolute p. 280, E. C. R. 231. INDEX. 343 APl^EAh,— Continued. case in, in Exchequer cases, how settled and what to contain, p. -280, E. C. R. 232. allowed from the Maritime Court of Ontario, p. 330. provision respecting, p. 330. APPEARANCE, none required to information or statement of claim, p. 223, E. C. R. 26. APPELLANT, to give proper security, p. 124. S. C. A. 31. may discontinue by giving notice, p. 127, S. C. A. 39. case of death of one of several appellants, p. 128, S. C. A. 42. case of death of sole, or all, p. 128, S C. A. 43. to file case within one month after security allowed, p. 182, S. C. R. 5. otherwise considered as not duly prosecuting his appeal, p. 182, S. C. R. 5. the case to be printed by, p. 183, S. C. R. 7. to pay postage on transmission of original documents, p. 184, S. C. R. 10. to give notice of hearing, p. 184, S. C. R, 11. to deposit factum one month before first day of session, p. 187, S.C.R. 23. an additional party may be added by suggestion, p. 190, S. C. R. 36. to deposit with Registrar sum required for printing in election appeals, p. 193. S. C. R. 51. 10 copies of record in such cases to be delivered to, p. 193. S. C. R. 52. to deposit factum in cross appeals within two weeks after ser- vice of notice, p. 196, S. C. R. 63. APPELLATE JURISDICTION, of Supreme Court, both Civil and Criminal, p. 121, S. C. A. 15. APPLICATION. for Order when defendant out of jurisdiction, p. 221, E. C. R, 23. when defendant not to be found, p. 222, E. C R. 24. for order to proceed as though defendant had filed defence, &c., p. 222, E. C. R. 24. to amend, p. 231, E. C. R. 57. for leavo to plead anew, p. 232, E. C. R. GO. for leave ^o plead and demur, p. 235, E. C. R. 71. for leave to inspect documents, p. 244, E. C. R. 100. to fix time and place of trial, p. 248, E. C. R. 116. to Judge in Court to be by motion, p. 277, E. C. R proceedings M-hen Court thinks notice ohould be parties, p. 278, E. C. R. 221. adjournment of any, p. 278, E. C. R. 222. to Judge in Chambers, to be by summons, p. 279, E. C. R. 225. APPLICATION OF PROVISIONS, Provisions applicable to Queen extend to her heirs and succes sors, p. 53, B. N. A. 2. 217. given other *«*«**"*Mpa»*»*.* .. :\ 344 INDEX. APPLICATION OF PROVISIONS, -Co?i«mMed. applicable to Governor-General extend to the administrator, p. 54, B. NA. 10. applicable to Lieutenant-Governors, extend to administrators, p. 65, B. N. A. 62. Provisions respecting money votes of Parliament apply to Legis- latures, p. 71 , B. N. A. 90. APPOINTMENl OF DEPUTIES, by Governor-General, p. 55, B. N. A. 14. of administrators in place of Lieutenant-Governors, p. 67, B. N. A. 67. of Judges in Provinces, belongs to Governor-General, p. 77, B. N. A. 96. of Officers by Governor-General after Union, p. 83, B. N. A. 131. of Privy Councillors by Governor-General, p. 54, B. N. A. 11. of Executive Councillors by Lieutenant-Governors, p. 84, B. N. A. 134. APPROPRIATION, anil Tax Bills, p. 6i-71, B. N. A. 53-90. See " Money Votes." of unappropriated revenue fund for public service, p. 78, B. N. A. 106. ARBITRATION, petition of Right Act gives no remedy when claim referred to by head of department, p. 172, P. R. A. 19. ARGENTEUIL, what required before limits of Electoral District of can l)e altered, p. 69, B. N. A. 80. See 2nd Schedule to B. N. A., p. 95. ARMED FORCES, appointment of Commander-in-Chief of land and naval militia, and of naval and military forces vested in the Queen, p. 66, B. N. A. 15. ARMOURIES, Drill-sheds, military clothing, munitions of war and lands set apart for public purposes belong to Canada, p. 79, B. N. A. 108. See 3rd Schedule to B. N. A., p. 52, B. N. A. 10. ARTICLES OF PROVINCIAL GROWTH OR PRODUCE, admitted /ret? from one Province into the other, p. 81, B. N. A. 121. ASSEMBLING OF PARLIAMENT AND LEGISLATURES See "Mektixo of." ASSENT TO BILLS, See " Royal Assent." ASSETS, from public debt assumed by a Province belong to it, p. 79, B. N. A. 110. belonging to Ontario and Quebec, \>. 79, B. N. A. 113. See 4th Schedule to B. N. A., \\ 96. INDEX. 345 ASYLUMS, and Hospitals (marine excepted) and charities in Provinces un- der their exclusive control, p. 74, B. N. A. 92 (7) ATTACHMENT, not to issue for nonpayment of money only, p. 162, S. C. A. A. 36. for non-c;impliance with subpoena or order to answer interroga- tories, p. 244, E. C. R. 103. or for discovery or inspection, p. 244, E. C. R. 103. service of order for discovery or inspection on sc)licitor sufficient to found application for, p. 245, E. C R. 104. Registrar no power to enforce order by, p. 263, E. C. R. 162. judgment for recovery of property other than land or money may be enforced by, p. 265, E. C. R. 170. doing or abstaining from any act (other than pavment of money) •enforced by, p. 265, E. C. R. 171. no writ of, to issue to compel payment of money (S. C. A. A. 36), p. 265, E. C. R., 172. writ of, to be executed according to exigency thereof, p. 271, E. C. R. 194. none to issue without order, p. 271, E. C. R. 195. ATTORNEYS, of the Superior Courts of any of the Provinces to have right to practice in Supreme and Exchequer Courts, p. 138, S. C. A. 77. practising in Supreme Court or Exchequer Court to be officers of such Court, p. 138, S. C. A. 78. Attorney or Solicitor may be changed on exparte application, p. 187, S. C. R. 22. ATTORNEY-GENERAL 14, L 17, L 4 vs. ats. vs. Corporation of London, p. Corporation of London, j). Hailing, p. 15, I. Edmunds, p. 18, L Hallett,p. 20, L Miller, p. 22, L Sewell, p. 22 L Rastall, p. 25, L Baillie, p. 28, I. ni cases of treason, felony, misdemeanor, or extradition, notice of appeal in writing must be served on, p. 131, S. C. A. 49. Informations to be filed in name of, p 217, E. C. R. 4. Informations to be signed by, p. 217, E. C. R. 5, Petitions of right to be left at office of, p. 219, E. C. R. 13. Office copy of Petition of Right to be left at office of, p. 224, E. C. R. 29. may demur and plead without leave, p. 235, E. C. R. 70. default by, in pleading, &c., p. 238. E. C. R. 82. AUCTIONEER LICENSES, See "Licenses." AYLMER COURT HOUSE, joint propertv of Ontario and Quebec, p. 79, B. N. A. 113. See 4th Schedule to B. N. A., p. 96. ! 346 INDEX. BANKERS BALANCES &c., transferred to Canada in reduction of debts of Provinces, p. 78, B. N. A. 107. BANKING AND PAPER MONEY, under exclusive control of General Government, p. 73, B. N. A 91 (15). BANKRUPTCY AND INSOLVENCY, under exclusive control of General Government, p. 73, B. N. A. 91 (21). BARRISTERS, of 10 years standing: eligible for Chief Justice or Judge of Su- preme Court, p. 118, S. C. A. 4. and advocates of any of the Provinces to have right to pi actios in Supreme and Exchequer Courts, p. 138, S. C. A. 77. BEACONS, BUOYS AND LIGHT HOUSES, • under exclusive control of General Government, p. 72, B. N. A. 91 (9). BILLS, reserved for Her Majesty's pleasure, p. 64, B. N. A. 57. for His Excellency's pleasure, p 71, B. N. A. 90. assented to— See " Royal Assent." the Supreme Court, or two Judges to report on private bills re- ferred to Court under Rules of Senate or House of Commons, p. 132, S. C. A. 53. BILLS OF EXCHANGE AND PROMISSORY NOTES, under exclusive control of General Government, p. 73, B. N. A. 91 (18). BOOKS, for recording proceedings to be kept by Registrar of Supreme Court, p. 198, S. C. R. 71. and for recording proceedings of Excheduer Court, p. 283, E. C . R. 244. BOOKS, RECORDS AND DOCUMENTS, of late Province of Canada, p. 86, B. N. A. 143. BORROWING MONEY, on sole credit of a Province, under its exclusive control, p. 74, B. N. A. 92 (3). by a Province from Dominion, (Canada Act 37 Vic. c. 17). on credit of Dominion, under control of General Government, p. 72, B. N. A. 91 (4). BRITISH COLUMBIA, English Law declared in force in, p. 38, I. Supreme Court of civil Justice of constituted, p. 39, I. jurisdiction of Court, p. 39, I. petition of right Act of, p. 42, I, admission of, into the Confederacy, p. 87, B. N. A. 146. entered union 20th July, 1871. Documents relating thereto in Canada Statutes 1872, p. Ixxitiv. when case in Criminal appeals and appeals in matters of habeas corpus from, to be filed, p. 192, S. C. R. 48. INDEX. 347 BRITISH COLUMBIA,- CoJi^nwerf. when notice of hearing- in such a])peals to be served, p. 193, S, C. R. 49. time for filing defence when defendant resides in, p. 223, E. C. R. 27. BRITISH NORTH AMERICA ACT, 1867, 30 Vic. c. 3. See "Union Act." 1871—34-35 Vic. c. 28 amending Union Act, authorizes establishing of New Provinces, and making provision for their constitution, &c., p. 104, B. N. A. 71, 2. authorizes altering limits of Provinces and Territories, p. 104, B. N. A. '71, 3. Parliament of Canada may legislate as to Government &c., of Territories, p. 104, B. N. A. '71, 4. ratifies Canada Act 32-33 Vic. c. 3 for Government of Rupert's Land, and Act 33 Vic. c. 3, amending .same and establishing Province of Manitoba, p. 104, B. N. A. '71, 5. provisions respecting Province of Manitoba, p. 104, B. N. A. '71, 6. the Parliament of Canada Act 1875, also amends Union Act, p. 109. BROME, See " Argenteuil." BUILDING AND JURY FUND, L. C, joint property of Ontario and Quebec, p. 79, B. N. A. 113. See 4th Schedule to B. N. A., p. 90. BUILDING FUND, U. C, joint property of Ontario and Quebec, p. 79, B. N. A. 113. See 4th Schedule to B. N. A., \\ 96. BY-LAW, Appeal to lie to Supreme Court, in any case in which a by-law of a Municipal Cor])oration has been quashed by Rule of Court, p. 122, S. C. A. 23. or Rule for quashing it has been refused after argument, p. 122, S. C. A. 23. CALLING OF PARLIAMENT OR LEGISLATURE, See ' • Meeting op. ' CANADA, See " Dominion of Can.^da." CANADA GAZETTE, Notice of adjounnnent of any Session of Supreme Court to be given in, p. 121, S. C. A. 14. CANADIAN MANUFACTURES, &c., of one Province admitted duty free into others, p. 81, B. N. A. 121. CANALS, when under exclusive control of General Government, p. 74, B. N. A. 92 (10). with lands and water power connected therewith, are the pro- perty of Canada, p. 79, B. N A. 108. See 3rd Schedule B. N. A., p. 9(> 348 INDEX. il' * CASE, appeal to be upon case stated by the parties, p. 124, S. C. A. •29. in event of a difference to be settled by Court appealed from or Judjje thereof, p. 124, S. C. A. 29. what it shall set forth p. 124, S. C. A. 29. the Clerk of Court appealed from to transmit case to Reg^istrar of Supreme Court, p. 124, S. C. A. 30. filing' of first proceedinifs in appeal, p. 181. S. C. K. 1. to be certified under seal of Court apneaied from, p. 181, S. C. R. 1. to contain transcript of opinion or reasons for judgment deli- vered by Judges of Court below, ji. 182, S. C. R. 2. or an affidavit that such reasons cannot be procured, p. 18?, S. C. R. 2. shall also contain copy of any order made by Couit below en- larging time for ap[)ealing, p. 182, S. C. R 3. mav be remitted to Court below for addition of further matter, p. 182, S. C. R. 4. if not filed within one mouth after security allowed appellant considered as not duly prosecuting his appeal, p. 182, S. C. R. 5. and respondent may move to dismiss, p. 182, S. C. R. 5. to be accompanied by certificate that proper security given, p. 183, S. C. R. 6. to be printed by party appellant, \). 183, S. C. R. 7. 25 copies of to be deposited with Registrar, p. 183, S. C. R. 7. form of, p. 183, S. C. R. 8. how to be printed, p. 183, S. C. R. 8. not to be filed by Registrar in certain cases, p. 183, S. C. R. 9. certified copies of original documents to be deposited with, p. 184, S. C. R. 10. further time for filing mav be given by Court or a Judge, p. 191, S. C. R. 42. in Criminal Appeals and matters of habeas corpus, how to be prepared and what to contain, p. 192, S. C. R. 47. when to be filed in such appeals, p. 192, S. C. R. 192, 48. in Exchequer Appeals to Supreme Court, how settled, and what to contain, p. 280, E. C. R. 232. See "Special Case." CASES CITED, Attorney-General vs. Corporation of London, p. 14, I. Hailing, p. 15, I. Corporation of London in appeal, p. 17, I. Edmunds, p. 18, 1. Hallett, p. 20, I. Sewell, p. 22, I. Baillie, p. 28, I. Adairs et al vs. Freemantle. p. 20, L Canada Central Railway Co. vs. The Queen, p. 44, T. Cawthorne vs. Campbell et al, p. 20, I. Feathers vs. The Queen, p, 44, I. Holmes vs. The Queen, p. 44, 1. . King vs. McLaughlin, p. 30, I. ft t$ « 4 INDEX. 340 CASES CVTED,-~Continued. Miller vs. Attorney-General, p. 22, I. Rastall V8. Attorney-General, p. 25, I. Siddon vs. East, p. 20, I. Smith V8. Cameron, p. 20, 1. Thomas vs. The Queen, p. 44, 1. Tobin vs The Queen, p. 44, I. Uniacke vs. Dickson et al, p. 34, I. CASTING VOTE OF SPEAKER, in Commons, p. 62, B. N. A. 49. in Assemblies, p. 71, B. N. A. 87. CAUSE OF ACTION, where it arises in any Province other than Province of Quebec, procedure to be according to practice of Exchequer Division of High Court of Justice, p. 216, E. C. R 1. except where otherwise provided by rules, p. 216, E. C. R. 1. where it arises in Province of Quebec, procedure to be that of Superior Court, p. 216, E. C. R. 2. unless otherwise provided by S. C. A. or rules, p. 216, E. C. R. 2. where it arises in Province of Quebec certain rules not to apply, p. 216, E. C. R. 3, E. C. Rules applicable when cause of action arises in Province of Quebec, p. 288, E. C. R. 261. CENSUS OF CANADA, taken every 10th year, commencing in 1871, p. 54, B. N. A. 8. readjusting representation of Provinces, p. 63, B. N, A. 51. under exclusive control of General Government, p. 72, B. N. A. 91 (6). CERTIFICATE, as to judgment or costs in petition of Right Cases to be left with Finance Minister, p. 171, P. R. A. 17. of security given to accompany case, p. 183, S. C. R. 6. of Judges' travelling expenses, p. 324. of Shertffs' fees, p. 325. CERTIORARI, writ of, may issue by order of the Supreme Court, or a Judge thereof in certain cases, p. 161, S. C. A. A. 34. CHAMBERS, application to Judge in, in Exchequer Court to be bv summons, p. 279, E. C. R. 225. any Judge may rescind his own order by order made in, p. 279, E. C. R. 226. CHANCERY, Court of, in Upper Canada, equitable jurisdiction of extended, p. 22, I. CHANGES IN CONSTITUTIONS, may be made by Legislatures, but not as regards office of Lieu> tenant-Governor, p. 74, B, N. A. 92 (1). though they may alter or abolish Governors' powers when not derived from Imperial Acts, p. 66, B. N. A. 65. CHIEF JUSTICE, Supreme Court to l)e composed of, and 5 Puisne Judges, p. 118, S. C. A. 3. ^ 350 INDEX, r l-i 1 i 15 I CHIEF JUSTICE, -Conr purposes of discovery p 240, E. C. R. 88. COSTS, tariff of in Supreme Court a block tariff, i>. 7, I. * Judges of Supreme Court, or any five of them, may make orders for fixing, p. 138, S. C. A. 75). Supreme Court may adjudge a.s to, in election cases, j). 157, S. C. A A. 16. in election cases, to be certified to Court in which Petition filed by Registrar, p. 1.57, S. C. A. A. 16. Judges of the Supreme Court may make general rules regulat- ing, p. KiO, S. C. A. A. 32. adjudged to Her Majesty to be paid to Receiver General, p. 161, S. C. A A. 33. Receiver General to pay co.sts awarded against Her Majesty, p 161, S. C. A. A. 33. order for payment of money for, how enforced, p. 161, S. C. A A. 35. adjudged to Her Majesty on Petition of Right, to be paid to Receiver General, p. 171, P. R. A. 16. suppliant entitled to, against Her Majesty, upon Petition of Right, p. 171, P. R. A. 17. and also agaii.st o'jher persons appearing, p. 171, P. R. A. 17. how such recoverable, p 171 P. R. A. 17. order for, to be certified to Receiver General, p. 171, P. R. A. 17. form of certificate for, p. 171, P. R. A. 17. to be paid by Receiver General, p 172, P R. A. 18. not to be taxed for case not prepared in accordance with orders p. 183, S. C. R. 9. Court or Judge niaj- order fixed sum to be paid for, p. 195, S. C. R. 58. how payment of, may be enforced in Supreme Court, p. 195 S. C. R. 59. omission by respondent to give notice of intention to contend that decision of Court below should be varied, may be ground for special order as to, p. 195, S. C. R. 61. when default in supporting or resisting appeal, hearing may be postponed upon such terms as o payment of, as Court thinks fit, p. 189, S. C. R. 34. in appeal, to be taxed according to tsiriff in schedule D, p. 194, S. C. R. 57. tariff of, in Supreme Court, p. 201. judgment for, may be signed when admission of defence arising- pending action delivered, p. 229, E. C. R. 48. of defendant on discontinuance of action, or part of complaint, to be paid, p. 229, E. C. R. 50. 364 INDEX. 1^ V i i: ill ' H COSTfi, -Cnntimieit. frivolous demurrer miiy be set luside witli, p. 234, E. C. R. 67. 110 order to amend pleading, denuirrur pending, except on pay- nient of costs, p. 236, E. C. H. 73. when demurrer allowed, p. 230, E. C. R. 74. occasioned by over-ruled denuirrer, j). 237, E. C. R. 76. of i)roviny documents not admitted after notice, p. 246, E. C. R. 107. of unnecessary attidavits, p. 254, E. C. II. 133. t)f attidavits in»pr(»perly drawn, p. 255, E. C. R. 13^. judjfment ajjainst Crown for, to be certified to Finance Minister, p. 264, E. C. R. 166. execution for, may issue and when, p. 267, E. C. R. 180. may be awarded against Crown, p. 27i>, E. C. R. 227. but no execution to issue ajj^ainst Crown for ])avment of, p. 279, E. C, R. 227. in i)roceedings in Exchequer Court t(t be in discretion of Court or Judge, p. 279, E. C. R. 228 but when issue tried by jur\ , costs to follow event, p. 279, E. C. R. 228. unless otherwise ordered, on application at trial, p. 270, E. C. R. 228. in Exchequer Court, to be taxed pursuant to tariff in schedule T to Exchecpier Rules, p. 270, E. C. R. 220. by Registrar in i)er8on, p. 270, E. C. R. 229. tariff of, iii Exchequer Court, p. 312, E. C. R. schedule T. security for, when to be given in Exchequer cases, p. 280, E. C. R. 220 (n). COUNTIES, what to be done before 12 Electoral Districts in L. C, in 2nd schedule to B. N. A. , can be altered, p. 60, B. N. A. 80. COUNSEL, no more than two to be heard in appeal case, and one in reply, p 180, S. C. R. 32. eve'v Petition of Right to be signed by, p. 217, E. C. R. 8. need not sign pleadings other than Informations, Petitions of Right and Statement of Claim, p. 224, E. C. R. 32. COURT, meaning of expression, " the Court," p. 120, S. C. A. 11. Supreme Court established, p. 117, S. C. A. 1. Supreme and Exchequer Courts, Courts of Record, p. 118, S. C. A. 2. Supreme Court may be convened at any time, or adjourned, p. 121, S. C. A. 14. meaning of word, in Petition of Right Act, p. 173, P. R. A. 21. sittings of Exchequer Court may be adjourned by Sheriff, if Judge luiable to attend, p. 251, E. C. R. 120. COURTS, Civil and Criminal in Provinces under their exclusive ccntrol, p. 75, B. N. A. 92 (14). of Law, p. 77, B. N. A. 96. of Appeal and of Probate, p. 77, B. N. A. 96. '1 INDIA. 355 '3 I »^ I 30 'KT IIOUSKS, 3 in L. C. joint property of Oiitiirio an! (^iicbci', p. 7i>. U. N. A. 113. .9<'<' 4th schedule t« P.. N. A. provision rcipcotinjj use of, in Ontario, hy Lxuheipior Court Judgea, p. 327. CfllER. tariff of feos to Crior of Exchequer Court, p. 320. CRIMINAL APPEALS, provisions rcspecliuj;, p. l;U, S. V. A. 4'.'. certain Rules oi Supreine Court, not to apply to, p. 192, S. C. K. 4(5. no printed case required iti, p. 102, S. C. R. 47. no factum need be dejtosited in, p. ll>2, S. C. R. 47. may he heard on written ca.se certified luuler Seal of Court, ajt- pealed from, p. 192, S. C. R. 47. case in, to contain all judu^mcnts and o]iinions pronounced in Court l)elow, p. 1!>2, S. C. R. 47. when case in, to l)e filed, p. l'.)2, S. C. R. 48. CRIMINAL LAW AND PROCEDURE, under the exclusive control of Parliament, (excepting- Cf/cro!-s- ai)poal, p. li)."), S. C. U. 01 -y ,, but he should give notice of intention to contend that decision of Court below should lie varied, ]). l'.».'>, S. C. R. (11. effect of omission to give .sucl) notice, p. l'X>, S. C. R. '51. one month's notice to be given, p. liMi, H. C. K. 02. CROSS-EXAMINATION, of person making aittdavit, p. 254, E. C. 1*. 132. CROWN, Exchequer Court to have concurrent original jurisdiction in all suits of a civil n iture at common law or equity, in which Crown in interest of Dominion of Canada is plaintiff or peti- tioner, p. 134, S. t". A. 5l>. nothing in Petition of Right Act to prejudice prerogative of, p. 172, P. R. A. V.) (1). nor give remedy against, not allowed in England before 23 & 24 Vic. c. 34, p. 172, P. ii. A. li) (3). suits on behalf of, to be by information, p. 217, E. C. R. 4. any otticcr of, may be examined for i>urposes of discovery by order of Court or Judge, p. 240, E. C. K. 87. no execution against, to enforce payment of money, p. 204, E. C. R. im. nor of costs, j). 270, E. C. 11. 227. costs may be awarded aga'nst, \>. 270, E. C. K. 227. CROWN SUITS, Act to amend procedure in, p. 19, I. CURRENCY AND COINAGE, nnder exclusive control of Parliament, p. 73, B. N. A. 91 (14). made unifonn, — Sue Can. Act, 34 Vic c. 4. '23 w INDEX, ^ CUSTOM HOUSES, .^..^unleas se i aside for Provincef>, become property of Canada, p. 79, B. ]J. A. 108. See ard Sched. to B. N. A. (8). iJUSTOMS, Act respectinif (31 Vic, c. G Can.), p. 35, T. and excise laws of Provinces, continue in force until altered by Parliament, p. 81, B. N. A. 122. DAMAGES, assessment of, under Petition of Right, to be tried without jury, p 169, P. R. A. 8. assessment of, may be partly at one place, partly at another, p. 160 P. R A. y. DEATH, of a Senator, p. 59, B. N. A. 32. of a Legislative Councillor, j). 68, B. N. A. 75. of one of several appellants, p. 128, S. C A. 42. of 3 .le appellant, or all appellants, p. 128, S. C. A. 43. of one of several respondents, p. 128, S. C. A. 44. cf sole respondent, or all respondents, p. 128, S. C. A. 45. in case of, of original party to appeal, new parties may be added by suggestion, p. 190, S. C. R. 36. no abatement of action by, p. 273, E.G. R. 202. DEBATES, may be in English and French in House Parliament and Le- gislature of Quebec, p. 83, B. N. A. 133. and Manitoba (Can. Act, 33 Vic. c 3, s, 23). DEBTS, of Ontario and Quebec, p. 79, B. N. A. 112. of New Brunswick, p. 79, B. N. A. 115. of Nova Scotia, p. 79, B, N, A, 114, of Upper and Lower Canada, p. 86, B. N. A. 142. DECLARATION OF QUALIFICATION AND OATH, by Senators and Legislative Councillors, p. 82, B. N. A. 128. DECREASE OR DIMINUTION, of the number of members of a Province, p. 63, B. N. A. 51. DEFAULT, judgmont by, in Petition of 'light cases, when and how obtain ed, p. 170, P. R. A. 10. may be set aside by Court or Judge, p. 170, P. R. A. 10. in supporting or resisting appeal, p. 189, S. C. It. 34. of pleading, generally, p, 237. E. C R. 80. bi' defendant in delivering defence or demurrer, p. 237, E. C. K. 80. by one of several defendants, p. 238, E. C. R. 81. by Attorney-General in Petition of Right cases, p. 238, E, C, K, 82, in delivering reply or demurrer, or subsequent pleading, p. 238, E. C. R. 83. in case of. for one mo))th to deliver reply or demurrer, defen- dant may apply lo dismiss for want of prosecution, p. 239, K. <;. H. 84. INDEX. 357 ianftda, p. iltered by lout jury, t another, .. 45. y be added it aud Le- A. 128. I. A. 51. ow obtain 10. 7, E. C. R. 1 i 8, E, C. K, 1 b ng, p. 238, "'i - rer, defen- lon, p. 239, % DEFAULT, -Continned. relief against, p. 239, E, C" R. 85. by defendant at trial, p. 251, E. C. R. 121. by Attorney-General, plaintiff Dr petitioner at trial, p. 261, E. C. R. 122. DBFENCE, tiling of statement in answer, demurrer, &c., to be first step in, p. 223, E. C. R. 26. when to be filed, p. 223, E. C. R. 27. abatement, not to be pleaded in, p. 225, E. C. R. 36. any grounds of, arising pending action may be pleaded before statement in defence delivered, p. 228, E C. R. 46. and afterwards by leave of Court or a Judge, p. 228, E. C. R. 47. admission of subsequent, may be delivered, p. 229, E. C. R. 48. form of, p. 229, E. C. R. 48. first pleatling in, to be called statement in defence, p. 229, E. C. R. 49. not to be withdrawn without leave, p. 229, E. C. R. r>0. first pleading in answer to, to be called reply, p. 230, E. C. R. 61. amendment of, at any stage, p. 231, E. C. R. 57, serving notice of motion on defendant after defence due, p. 278, E. C. R. 223. before defence due, p. 278, E. C. R. 224. See * Pleadings." DBFENOE AND FORTIFICATION, property of a Province may be taken for, p. 80 B. N. A. 117. under exclusive control of General Government, p. 72, B. N. A. 91.(7). DELAY, motion for dismissal of appeal on ground of, p. 128, S. C. A. 41. appeals held to be abandoned on account of, if not brought on for hearing within one year after security allowed, p. 191. S. C. R. 44. DELIVERY, writ of, for enforcing judgment for recovery of property other than land or money, p. 265, E. C. R. 170. form of writ of, p. -^72, E. C. R. 201. how enforced, p. 272, E. C. R. 201. DEMURRER, within what time required to be filed by Attorney-General, p. 169, P. R. A. 5, and by third parties, p. 100, P. R. A. 6. what defences it may raise, p. 169, P. R. A. 7. when and how to obtain judgment in case of failure to file, p. 170, P. R. A. 10. filing of, &c. , to be first step in defence, p. 223, E. C. R. 26. when party n ay demur, p. 234, E. C. R. 66. what to contain, p. 234. E. C. R. 67. form of, p. -234, E. C. -f,. 67. frivolous, may be set aside with costs, p. 234, E. 0. R. 87. 358 INDEX. ill DEMUHRER,- Continued. when to be filed and served, p. 234, E. C. R. CS. to part, shall be combined with defence in one i '■ "linq-, p. 235^ E. c. R. m. Attorney-General may demur and ])lead withoui leave, p. 235, E. C. R. 70. any other party must obtain leave to do so, p. 235, E. C. R. 71. either party tnav set down for argument and give notice, p. 235, E. 0. R. 72. result of default in setting dawn, p. 235, 3 C. It 72. while pending, pleading shall not be au.?nded w.thout leave, p. 236, E. C. R. 73. when allowed to whole of information, &c., costs f>f action to be- paid, p. 230, E.C.R. 74. in other cases, p. 236, E. C. R. 75. wheti over-ruled, costs occasioned by, to be paid, 237, E C. R» 76. when over-ruled. Court may allow dcmuiring party to plead, p. 237, E. C. R. 77. to be set d(.wn for argument by prcecipc, p. 237, E. C. R. 78. form of pnecipe, p. 237, E. C. R. 78. notice of argument of, when to be served, p. 237, E. C, R. 79. default by defendant in delivering, p. 237, E. C. R. 80. and by one of several defendants in delivering, jt 238, E.'C. R. 81. in default of deliverj- of, for one month defendant may apply ta dismiss for want of prosecution, p. 239, E. 0. R. 84. Judge to sit in open Court every Monday for hearing de- murrors, p. 276, E. C. R. 214. to be set down two days before hearing, p, 276 E. C. R. 215. DENOMINATIONAL SCHOOLS, See "Education," p. 75, B. N. A. 93. DEPOSIT, in controverted Election cases, p. 120, S. C. A. 48. in appeals from Exchequer Court, p. 136, S. C. A. 68. DEPOSITIONS, when certified may be used in evidence, p. 154, S. C. A. A. 7. taken out of Canada, p. 154, S. C. A. A. 8. may be allowed in evidence, in certain ca,ses, i>. 254, E. C. R, 134. DEPUTIES OR ADMINISTRATORS, all powers belonging to Governor-General vested in, p. 54.65 B. N. A. 10.62. Governor-General, authority to appoint deputies, p. 55, B. N. A, 14. and administrators for Provinces, p. 67, B. N. A. 67. DIRECT TAXATION, Sec "Taxation." DISALLOWANCE OF HILLS, bv tlie Queen, i>. , E. C. 11. 86. before whom, ]). 239, E. C. H. 80. also any departmental or other Otticer of Cidwn hv order, p. 240, E. C. R. 87. or any member of a corporation, &c. , p. 240, E. C. R. 88. ho^v attendance may be enforced, p. 240, E. C. R. 89. production of books, &c., how enforced, i^. ^40, E. C. R. 90. fees to be paid, party examined, p. 241, E. C. R. 91. ' person beyond jurisdiction may by order be examined on in- terrojratories for purposes of, p. 241, E. C. R. 92. proceedings wlieu party omits to answer, or answers insuffi- ciently, p. 241, E. C. "R. 93. on oath of documents, &c., order for, p. 242, E. C. R. 95 form of affidavit on production, p. 242, E. C. R. 9(5. question as to ri':ht to, may be reserved by Court or Judg-e in certain cases, ]). 244, E. C. R. 102. re'usal to comply mth order for, p. 244, E. C. R. 103. service of order for on solicitor, &c., sufficient to found a]5plica- tion for attachment, p. 245, E. C. R. 104. but want of knowledjje or notice of order maj^ be shewn on such applicat'on, p. 245, E. C. R. 104. See "Production." DISQUALIFICATION, of Senators, p. 58, B. N. A. 31. of Legislative Councillors, Quebec, p. 68, B. N. A. 74. DISSENTIENT SCHOOLS, See "Education." DISTRIBUTION OF LEGISLATIVE POWERS, of Parliament, p. 72, B. N. A. 91-3. of Legislatures, p 73, B. N. A. 92-5. DIVORCE, See " Marriage." DOCUMENTS, certified copies of original documents to be deposited with Registrar of Supreme Court, p. 184, S. C. R. 10. original, may be required, p. 184, S. C. R. 10. postage on transmission of, to be paid by appellant, p. 184, S, C. R. 10. effect of contents of, may be stated in pleading, p. 227, E. C. R. 42. production of, — See *' Production. " inspet;ti, B. N. A. 1C8. DRILL SHEDS, Armouries and landn, set apart for public purposes, belong t* Canada, p. 79, B. N. A. 108. DURATION, of House of Commons f) years, p. 63, B. N. A. 50. of Legislative Assemblies, Ontario and Quebec, 4 years, p. 70| B. N. A. 85. of Legislative Assemblies, Maritime Provinces, p. 71, B. N. A. 88. DUTIES, See " Customs Duties." DUTIES AND REVENUES IN PROVINCES, not specially appropriated to them by Union Act, and all others raised by General Government under Union Act, form '• the Consolidated Revenue Fund of Canada," p. 77, B. N. A. 102. EDUCATION, restriction on exclusive powers of Provinces, to make laws affect- iner, p. 75, B. N. A. 93. Superior Education Income Fund, L. C, joint property of On- tario and Quebec, p. 79, B. N. A. 113. ELECTION APPEALS, proceedings in, p. 129, S, C A. 48. certain provisions of 37 Vic. c. 10, to be repealed, when Su- preme Court in exercise of judicial functions, p. 129, S. C. A. 48. security to be given in, p. 129, S. C. A. 48. notice of hearing in, p. 129, S. C. A. 48. Registrar to certify to Speaker of H. of C, judgment of Su- preme Court in, p. 129, S. C. A. 48. notice of, setting down for hearing in, p. 129, S. C. A. 48. the Supreme Court may adjudge as to costs in, p. 157, S. C. A. A. 16. recovery of cost in, p. 157, S. C. A A. 16. notice convening Court for hearing, under sec. 14 of S. C. A., how to be published, p. 184, S. C. R. 12. certain rules uf Supreme Court, not to apply to, p. 193, S. C. R. 50. appellant to deposit with Registrar sum required for printing record in, p. 193, S. 0. R. 51. Registrar to have copies of record in, printed, p. 193, S. C. R. 52. 10 copies to be delivered Appellant, p. 193, S. C. R. 52. 10 copies to Respondent, p. 193, S. C. R. 52. upon his I'aying propurtlon of costs, p. 202, S. C. R. % INDKX. 361 KLECTION AVVEALii,-C<>,Umned. factum in, to be printed as in caso cf c rJiniiry :ij)]-'t'als, p. 194^ S. C. R. 53. when factum in, tf> be depf sited, p. lO-l, S. C. U. .'^4. printing of record in, may lo disjjeiis'cd with by order of ti Judge in Chambers, p 1!»4, S. ;"). delivery of factum in, may also l.e dispensed with by order ob- tained ex parte, p. li»4, S. C. li. 55. ELECTION LAWS, in force at Union, continue until altered bv Parliamert, p. 61, B. N. A. 41. or by Legislatures, p. 70, B. N. A. 84. (See (Jan. Acts, ;}7 Vie. ec. ;> and 10, and ;i9 Vic. cc. 9 and 10. )• ELECTION PETITION, limitation of time for appenl. from ju('i,ment de<;iding, p. 123,. S. 0. A. -2.). ELECTION WRITS, p. 71, B. N. A. 89. ELECTORAL DISTRICTS, for Commons embruciiig the 4 Provinces, p. 60, B. N.,A. 40. for the Legislative Assemblies <>f Ontar.o and (Quebec, same as for Commons, p. 67-t>J, K. N. A. 70-80. ELECTORAL DIVISIONS, L, C. to be represented in Senate, p. 50, B. N. A. 22. also in Quebec Legislative Council, p. 08, B. N. A. 72. EMPLOYEES, Government, ])ermanent oi' tenijjorarv, ineligible for election^ p. 61-09, B. N. A. 41-83. ENGLISH AND FRENCH LANGUAGES, See "Fkkncu La.nguagk." ENDORSEMENT, form of on Petition of Right, p. 168, P. R. A. 4. on petition served on third parties, p. 169, P. R. A. 6. on information or statement t>f claim, p. 219, E. C. R. 14. EQUITY, jurisdiction of Court i-f Exchequer in England, transferred to to Court of Chancery, by 5 Vic. c. 5, p. 13, I. except in Revenue eases, i>. 14, 1. the Supreme Court, a Court of, ]). 123, S. C. A. 25. ERROR IN LAW, when allegud, proceedings in the Supreme Court, .shall be in fonn ot an appeal, j*. 121. S. C. A. 16. EVIDENCE, law of, in various Provinces to be followed in Court i.f Ex- chequer, p. 135, S. C. A. 63. the Court or Judge may order examination of any person, to be taken by nitorrogatories or otherwise, p. 152, S. C. A. A. 1. when further examination ordered, if party tendering examin- ation refuses <>r neglects to obtain such further examination, Court or Judgt mav dcrli;ie to act on the examination, p. 153^ S. 0. A. A. 3. 'ft I '». s ■i ill .362 INDEX. EVIDENCE,— Continued. depositions taken in Canada may be used in evidence, p. 154, S. 0. A A. 7. or taken out uf Canada, p. 154, S. C. A. A. 8. tenderinff doeuinuDt with false seal or signature in, to be felony, p. 157, S. C. A. A. 14. no infonnalitv in affidavit to prevent its reception in, p. 157, S. C. A. A. 15. of any witness may be taken by commission, or on examination or affidavit, p, IGS), P. H. A. i». may be taken <»n motion to set aside sugfjestion adding parties, p 190, S. C. K. 38. of admissions under notice to admit, what sufficitut, p. 246, E. C. K. 109. generally, in J:;.\chequer cpses, p. 253, E. C. R. 131. of witness s, mav be ordered to be given by affidavit, p. 253, E. C. K. 131. or by interrogatories, p. 253, E. C. R. 131. may be gi\en by affidavit on anj' motion, petition or summons, p. 254, E. C. K. 132. by deposition taken before officer of Court, p. 254, E. C. R. 134. no new trial granted for improper admission or rejeection of, at trial, p. 256, E. C. R. 140. unless substantial wrong or miscarriage of justice, p. 256, E. C. R 140 on references, how taken, p. 202, E. C. R. 160. EXAxMINATION, of any person, wliether i)arty i>r not, or whether resident within or without Canada, may be ordered, p. 152, S. C. A. A. 1. directions as to time, place, and manner of, may be g'iven, p. 152, S. C. A. A- 1. to be taken upon oath or affirmation, p. 153, S. C. A. A. 2. Court or Judge ma\ order furtlur examination of any witness, p. 153, S. C. A. A. 3. notic„ of time and place of, to be given adverse party, p. 154, S. C. A. A. 4 refusal to attend on, or to answer, contempt of Court, p. 154, S. C. A. A. 5 what quetitions, witness not bound to answer on, p. 154, S. (.'. A A. 5. may be by consent of parties, p. 154, S. C. A. A. 6. taken in Canada, to be returned to the Court, p. 154, S. C. A. A. 7. may be used in evide-ice, p. 1.54, S. C. A. A. 7. taken out of <'anada, how to be proved, p. 154, S. C. A. A. 8. any party muy give notice of return of, p. 155, S. C. A. A. 9. objection to reading of, when to be taken, p. 155, S. C. A. A. 9. evidence of any witness may be taken on, p. 169, P. R. A. 9. of parties (other than Crown or Attorney-General) for purposes of discovery, p. 239, E. C. R. SH. of departmental or other officer of Crown, p. 240, E. C. R. 87. subpcena ad. test, may issue to enforce attendance, p. 240, E. C. R. 89. INDEX. 363 EXAMINATION,— Con^"/«^'t/. subjiaMia (/»('. (ec, niav issiiu to coiupel i>ruiluotiij:i of books, &c., iit, ]). 240, E C! K. DO. fees to be i)aid i)arty examined, i>. 241, E. C. R. 01. on interrogatories, when l.evond jurLsdictiuii, ]>. 241, E. C. 92. K, answer or answering insutticiently on, p. 241, E. >'nply witli subpu-'ena or order fur, p. 244, E. (J. omitting- to C. «. '»3. refusal ti^ ■ R. 103. if any part of, read at trial, whole to be considered in evidenee, p. 245, E. 0. R. 105. cro.ss-examination of person making affida\ it, p. 254, E. C. H. 132. of any ))erson or witness may be ordered before any officer of Court, p. 254, E. C. R. 134. EXCHEQUER COURT, derivation of name, p. 9, I. of England, first intended to order Revenues oi Crown, and to recover King's debts and duties, }>. 10, I. usurped jurisdiction between subjut-t and subject, p. 11, I. Statute of 10 Ed. 1, with reference to, j). 11, I. equity jurisdiction of, j). 12, I. usurped equity jurisdiction of, p 11, I. certain ofHces on reveiuie side of, abolished, p. IS, I. practice on revenue side n duties of office, p. 134, S. C. A 60. procedure to be in, in matters 1. of controversies between Dominion of Canada and any Province; 2. In controversies between any two t nivinces— when Act passed by Provincial Legislature, p. 133, S. C. A. 55. appeal in such cases to lie to Supreme Court, p. 133, S. C. A. 55. concurrent original jurisdiction of, p. 134, S. C. A. 58-69. exclusive original jurisdiction of, p. 134, S. C. A. 58. procedure in, to be regulated bv practice of H. M. Court of Ex- chequer at Westminster, Revenue side, unless otherwise pro- vided by General Rules, p. 134, S. C. A. til. Judges of, to sit singly and at any time or place, p. 135, S. C. A. 02. issues of fact in cases before, to be tried according to laws of Province in which cause originated, p. 135, S. C. A. 63 process of, to be tested in name of Chief Justice, p. 135, S. C. A. m. how to be directed, p. 135, S. C. A. 06. 364 INDKX. BXCHE^iUER COURT OV CANADA, --Co»7(/Hr'(/. Shur Ha, ex-otiicio otticers of, p. Kif), S. C. A. (i(i. appeal to Supreme Court from deoisicus of, ]>. 13G, H. C. A. 68. Registrar oi nu|)reme Court tt) be Rci^istrar of, j). 137, S. C. A^ 7a Precis writer to report decisions of, p. 137, S. C. A. 71. Registrar to publish reports ol decisions of, p. 137, S. C. A. 73. who may practise in, p. 138, S. J. A, 77. rules of procedure in, may be made by Judges of Supreme Court, p. 138, S. C. A. 79. in what cases persons may be taken in custody, under execu- tion out of, I). 15», S. C. A. A. 25. how executions out of, to be executed, p. 159, S. C. A. A. 26. effect of execution.i issued out of, p. 15i>, S. C. A. A. 2G. jurisdiction of, extended to any matter which might in Eng- land be the subject of a suit or action in the Exchequer Court, on its plea side against any officer of the Crown, p. 158, b. C. A. A. 18. may refer any matter for the purpose of taking accounts or making enquiries, p. 158, cJ. C. A. A. 20. executions, when may be issued by, p. 159, S. C. A. A. 24. to have exclusive original cognizance of Petitions of Right, p. Hid, P. R. A. 4. what rules of Supreme Court, applicable to appeals from, \>. 192, S. C. R. 45. pleadings in actions in, to conform to system in use in High Court of Justice, p. 224, E. C. R. 29. except where cause of action arises in Province of Quebec, p. 224, E. C. R. 29. certain rules of pleading to apply to all cases in, with same ex- ception, J). 224, E. C. R. 31. practice in, to be that of High Court of Justice, unless other- wise provided, p. 28(5, E. C. R. 258. at trials in, elsewhere than in Ottawa, a certified copy of plead- ings to be filed, p. 323. and i^a per diem paid acting Registrar, p. 323. Judges of, holding trials elsewhere than Ottawa, to be paid travelling expenses, p. 324. account for expenses to be certified, p. 324. fees to Sheriffs and Constables attending trials in, p. 325. See " Shbrikfs." jurisdiction of, extended by Legislature of Ontario, to contro- versies between Domiiiiou and Ontario, and between Ontario, and any other Provi ^.ce passing .similar Act, p. 328. KXCHEQUER DIVISION, of High Court of Justice. See "Hiuri Coukt of Justice." EXCLUSION OF SENATORS, from Commons, p. 60, B. N. A. 39. EXCLUSIVE POWERS, of Parliament and of Legislatures, See " Distribution of Lbois- liATlVK PoWEIt." f INDKX. 3«S ^. 68. J. C. A. . A. 73. upreme execu- L. 26. in Eng- chequer rown, p. ounts or •24. light, p. from, \K in High lebec, p. same ex- 83 other- of plead - be paid !5. o contro- Ontaria OF Lbois- BXECUTIONS, when stayed in ori;,'iiial cause, p. 124, S. C. A. ^2. fiat issued to Sheriff by Judj^e i»f Court, appealed from to stay, p. l-2(i, S. (J. A. -Ml if l.'ourt appealed from is itself a Court of Appeal, and execu- tion already stayeil, such stay shall continue, p. l"2(l, S. C. A. 33. nu poiindajfe allowed a'^ainst ap])e]lant on stay of, unlesR otherwise ordered, p. 12(J, S. C. A 33. Exchequer Court may issue of same ten9, S. C. A. A. 25. how to be executed, p. 1.59, S. C. A. A. 26. effect of, p. 1.59, S. C. A. A. 26. ri<,'ht3 of purchasers under, p. 1.59, S. C. A. A. 20. claims to property seized under, how disposed of, p. 160, S. C. A. A. 27. i>rders for payment of money may be enforced by, p. 161, S. C!. A. A. 3.5. executions generally, p. 264, E. C. R. 166. no execution ajfainst Crown for payment of monej , p. 264, E. C. 11. 106. payment of money by any party other than Crown, enforced by Ji. fa. goods or lands or sequestration, p. 264, E. C. 11. 167. judgment for payment of money into Court, enforced by seques- tration, p. 204, E. C. R. 168. for recovery or delivery of possession of landenforced by writ of possession, p. 264, E. C. R. 169. judgment for recovery of property other than land or money, may be enforced by writ for delivery of property, attat icnt or sequestration, p. 265, E. C. R. 170. judgment requiring the doing or abstaining from any act (other than payment of money) enforced by attachment or commit- tal, p. 205, E. C. R. 171. no Writ of Attachment or other process to issue to compel pay- ment of iiioney, p. 265, E. C. R. 172. what tenn " Writ of Execution " includes, p. 265, E. C. R. 173. meanin,'- of " issuing execution against any party," P- 265, E. C. R. 173. no Writ of Execution to issue without production of judgment or copy thereof shewing date of entry, p. 266. E. C. R. 174. nor until proper time elapsed to entitle to, p. 260, E. C. R. 174. no Writ of, to be issued without praecipe filed, p. 266, E. C. R. 175. every Writ of, to bear date of day when issued, p. 266, E. C. R. 170. in every case of, the party entitled to may levy interest, pound- age and expenses of, p. 200, E. C. R. 177. Writ of, to be endorsed with name and residence of solicitor and agent, \\ 200. E. C R. 178. 366 INDEX. i 180. 207, E. C. R. 181. EXECU'TIONS, ^r./(^•/^(a•./. ciidnrsfd with dirtHtinn to Sheriff I" lew, &.(•., p. 207, E. C. R. 17S). \vheu/(. /a. may he sued dut, ]>. i*]?, E. C. II to reiimin in t'urce one year from its issue, i>. \inless renewed, )). 'Ml', E. V. H. 181. liow renewed and effeet of renewal, ji. 2()7, E. 0. K. 181. what sulticient evidenee of renewal, \x 208, E. 0. U. 182. may issue at any time witliin years from recovery of jud(f- ment, ]k 208, E. ('. \i. 1S.S. after years or ehange of jtarties, application for leave to isaue to be'iuade, p. 208, E. 0. K. 184. proeeedinjjf-; on such ai»i)lie' tioii, )». 208, E. (J. R. 184. every order of Court or Judye may be enforced by, p. 209, E, 0. H. 185. when person in wliose favor or ayaii.st whom order is made, not a )>arty in an action, ji. 20i), E. C R. 180. application for stay of, or relief ayainst, j), 200, E. C, R. 187. form of iVritu ofji. Ja., }>. 20i), E. C. R. 188. interests, when may be sold under, j). 270, E. C. R. 189. sale of lands under, after mouths from seizure, p. 270, E. C. R. 190. lands and yoods bound bv delivery of toSheiiff, p. 270, E. C. R. 191. wlien Writ of ccnilitioni exponas may issue, p. 270, E. C. R. 192. form of Writ of venditioni exponas, p. 270, E. 0. R. 192. laws to be ftdlowed in selliny: and advertising sale of land under, p. 270, E. C. R. 19.S. Writ o/Attnchiiicnt to be executed according to exigency there- of p. 271, E. C. R. 194. no Writ of Attachment to issue without order of Judge, p. 271, E. C. R. 19.5. sequent rat ion may issue without order in certain ciises, p. 271, E. C. R. 190. form of writ of sequestration, j). 271, E. 0. R. 197. piactice rel iting to writ of sequestration, p. 271, E. C. R. 197. Court or Judge may order proceeds of writ of sequestration to be sold, p. 272, E. V. R. 198. judgment for lecovery of possession of land may be enforced by irrit of posn'Ksion according to practice of Courts of Common Law in England in actions of ejectment, p. 272, E. C. R. 199, may be sued out without order uj)on fding affidavit, p. 272, E. C. R. 200. Writ o/Deliven/, form of, p. 272, E. C. R. 201. and how enforced, p. 272, E. C. R. 201. preparation of, endorsement on sealing and entry of, p. 281, E. C. R 230. See "Attachment," "Committal," "Fieri Facias," "Delivery," "Possession," " Venditioni exponas," " Writs." EXECUTIVE COUNCIL OF CANADA, See Privy Coitncil. of Ontario- of whom consisting, p. GO, B. N. A. 63. of (Quebec, p 00, B. N. A fi;^. of Nova Scotia and New Brunswick, p. 06, B. N. A. 64. INI)KX. 367 EXECl'TIVK I'Ol'N'CIM.OlUS OF I'1H>\ LN'l'KS, by wlioin appointed in Oiiti.rio ur (^uel)t'f, j). 84, H. N. A. 134. EXECUTIVK POWKIl -vested in (^ueeii. p. r>4. 15. N. A. 0. represented l>y (Sov.-tleneral or AdniiniHtnitor, assisted bv Privy t'ouneil, i>. .')4, H. N. A. 11. of Govenior-tjieJieral, p. .54, IJ. N. A. 12. Governor-General nmy appoint de|>u' us, p. .".', I]. N. A. 14. EXEMPTION -of public lands from taxation, p. 81, li. N. A. 125. EXHIBITS- certified co])ie^ of to bt^ dejx.sited with ease, p. 184, S. C. K. 10. Judge or Court may order originals to be transmitted, p. 184, a. C. K. 10. EXPENSES— of collection of Hcvenue, t"lc., from first cliarije on Con- solidated Kevenue Fund, ji. 7s, H. N. A. loa. EXPORT DUTIES— on lumber Sec " New Brunswick. " EXTRADITION— provisions relating- to ai)peals in cases of, p. 131 S. O. A. 4'.)-.'>0. jurisdietiou of Supreme Court in cases of, taken away, p. IGl S. C. A. A. 31. FACT— trial of issues of, when bv jurv, vt'nire facias to issue, p 2r.o E. C. R. 117. trial of issues of iti Exclidiuer Court to be at bar, p. 2r)0 E. C.R.I 18. reference may be made after trial of, p. 252, E. C, R. 128. tindinys of, at trial, to be entered, j). 2.52, E. C. R. 125. setting:' down action on motion for judgment after determination of (piestions of, i>. 2.')'j, E. C. R. 151. application for order upon admission of, in pleadings, p 261 E. C. R. 155. FACTUM— eacii party to deposit 25 copies of with Registrar, one month before first dav of session at which api)eal to be heard p. 187, S. C. R. 23. ' what to contain, p 187, S. C. R. 24. liow to be printed, j). 187, S. 0. R. 2.5. if nut deposited by apjtellant in proper time, respondent may move to dismiss appeal, p. 188, S. C. R. 26. if not dejxisited l)y respondent in proper time, appellant may inscrilje cause for hearinj,'- ex parte, i^ 188, S . C. R. 27. factums first dejiosited to be kept undersea), p. 188, S. C. R. 29. parties to interchange 3 copies of, p. 188, S. C. R. 30. further reasonable time for depositing may be given bj- Court or Judge, p. 191, S. C. R. 42. none recjuired in Criminal or hah. corp. appeaU, p. 192, S. C. R. 47. in election u»pealfi, to be printed as in case of ordinary appeals p. 194, S. 0. R. 53. when factum in election appeals to be deposited, p. 194 S. C. R. 54. in election appeals may be disjiensed with, p 194, S. C. R 65. of rosponde.it in cross appeal to be deposited within two days ter n«ttlce given him under Rule 6, p. 190, S 0. H. 03. ! i «4 W IMAGE EVALUATION TEST TARGET (MT-3) 1.0 l"sai I.I 2.5 12.2 '- '^ ill 40 Hill 2.0 1.8 L25 iU 111.6 V] ^^ ^'a" '/ /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTin.N.Y. 14580 (716) 872-4503 p 388 INDEX. FACTUM,- Vontiniud. appellant'^ factum in a crotw apfieal to be dei>08ited within two weekH after service of notice, p. liKi, 8. C. K. 03. such factiuuH to be interchange*!, p. 190, S. C U, ii'3. any Judi^e may require Keguxrarto have same traii»!atod, p. 190, 8. C. R. «4. the party depositing shall cauise translation to be printed, p. 196. B*. C. U. 64. FEES— to be paid Ketpstrar of Supreme and Excliequer Courts in stanqw, p. 198, S. C. A 73. payable to Ke^strar Supreme Court, p. 200, S. C. R. Soh, C. Tariflf <>f, to Solicitor's \e., in Supreme Court, p. 201, S, C. R. Soh. D. Tariff of, to Solicitor's &c., in Exchequer Court, p. 312, Sch. T. Tarili of, to witnesses, p. 316, E. C. U. Sch. U. Tariff of, to Sheriffs and Coroners, j). 317 , E. C. R. Sch. W. Taiiff of, to Crier, p, 320, E. C. R. Sch. W. Tariff of, to Rej^istrar Exchequer Court, p. 320, E. C R. Sch. X. FELONY— any i)erson convicted of, where conviction has been affirm- ed by Court of last resort, may appeal to Supreme Court, p. 131, S. C. A. 4». no appeal allowed against criiiviction for, when Court affirming conviction unanimous, p. 131, S. C A. 49. appeal in ca-ses of, must be broui^ht on at term of Supreme Court, durint; which conviction affirmed, or at term thereafter unless otherwise ordered, p. 131, S. C. A. 50. to tender document nith false seal or signature, p. 167, S. C. A. A. 14. FERRIES— between Province and foreign country, or between two Provinces, under control of General Government, p. 73, B. N. A. 91 (13). FIAT— may be issued after |>erfecting and allowance of security to stay execution, p. 126, S. C. A. SH. Governor-Geiieial may grant that right be done in Petition of Right, p. 1U8, P. R. A. 3. to be filed in Exchequer Court, p. 168, P. R A. 4. FIERI FACIAS— may issue a):ainst goods or lands to compel paj-ment of money, p. 264, E. C. R. 167. when party may sue out, p. 267, E. C. R. 180. forms of writs of, p. 269, E C. R. 188. equitable as well as l^fal interests may be sold under, p. 270, E. C. R. 189. lands not to be sold under, until lapse of six months from seizure, p. 270, E. C. R. 190. lands and goods botmd from date of delivery of, p. 270, E. C. R. 191. FINAL JUDGMENT— judgment of Supreme Court to be in all cases, p. 129, 8. C. A. 47. FINANCE MINISTER— certificate of judgment or order in favor of suppliant to be left with, p. 171, P. R. A. 17. judgment against Crown directing payment of money to be certified to, p. 264, E. C. R. 166. INDEX. 3tJ9 FINES, PENALTIES AND IMPRISONMENT, for eiiforciiii; any law of a Province, exclusively imposed by that Province, p. 75, B. N A. 92 (16). FISHERIES— under exclusive control of General Government, p. 73, B. N. A. 91 (12). FOREIGN COUNTRIES— Sfic "Treaty Oblioations." FORMS— Petition of Riijht, p. 174, P. R. A. Sch. endorseme it on petition served on Attorney -General, p. 174. P. R. A. Sch. served on other parties, p. 174, P. R. A. Sch. certificate of Registrar or Clerk of Court appealed from, with case, p. 181, S. C. R pnccipe to iiiscribe appeal, p. 189, S. C. R. information, commencement and conclusion of, p. 290, E. C. R. Sch. A. Statement of Claim, p. 291, E. C. R. Sch B. endorsement on information or statement of claim, p. 292. E. C. R. Sch C. notice to defendant not to be found, p. 293, E. C. R. Sch. D. pleadings, p, 294, E. 0. R. Sch. E. admission of defence arising pending action, p. 297, K C. R. Sch. F. demurrer, p. 297, E. C. R Sch. G. praecipe for setting doMii demurrer, p, 298, E. C R. Sch. U. affidavit on production, p. 298, E. C. R. Sch. I. notice to produce, p. 299, E. C. R. Sch K. notice uf production for inspection, p. 300, E. C. R. Sch. L. notice to admit, p. 301, £. C. R. Sch. M. order for discovery, p. 242. summons to fix trial, p. 249. order fixing trial, p. 249. pnccipe for entering special case for argument, p. 303, E. C. R. Sch N. judgments, p. 303, E. C. R, Sch. O. Writs of .^t^ri facias, p. 306, E. C. R. Sch. P. Writ of venditioni expotian, p. 308, E. C. R. Sch, Q. V/rit of Hcijiuiistration, p. 309, E. C. K. Sch. R. Writ of delivery, p. 310, E. C. R. Sch. S. subpoena to witnesses, p. 317. E. C. U. Sch. V. Judge's account of travelling expenses, p. 324. Sheriff's account of expenses, p. 32.5. FORMAL OBJECTION— not to prevail in Supreme Court, p. 197, S. C. R. 69. no proceedings in Exchequer Court to be defeated by, p. 286, E. C. R. 256. FORTIFICATIONS AND DEFENCE,— under exclusive control of General Government, p. 72, b. N. A. 91 (7). General Government may take Provincial property therefor, p. 80, B. N. A. 117. FRACTIONAL PART OF A NU.MBER-in entitling to additional member, }). 63, B. N. A. 51 (3). 370 INDEX. l-'RENCH LANGUAf;!: titlier Kjijjlish or French may be used in de- bater it) House-s of I'aiiiainent and of (Quebec. &)th langiia- (^eti shall be used in their Records, and cither hinguage in uleadinyfs ami |»roce.ss«-'s of Courts of Quebec or Canada esta- blislied under Ihis Act. p. 8:{, B. N. A. 133. same in Manitoba, Can. Act. .33 Vic. c. 3, sec. 23. GENERAL COURT OF APPEAL,-. STec "Ai'PKAL." GENERAL ELECTIONS,— Connnons, every 5 years, p. 63, B. N. A, 50. Assemblies, e\ery 4 years, p. 70, D. N. A. S.'S GOVERNOR IN COUNCIL -its meaning with reprard to Govern- ment of Canada, p. 55, B. N. A. 13. to Oovernnients of Provinces, p. 07, B. N. A. 06. may refer special ca.Mfs to Supr-Mne Court for their considera- tion, p 132, S. C. A. 52. OOyERHOKH-Gorcrnnr-General. his powers apply to administrator, p. 54, B. N. A. 10. enjoys all powers of his predecessors, p. 64, 1). N. A. 12. may be authorized to appoint deputies, p. 55, B. N. A. 14. appoints his Privy Council, p. 54, B. N. A. 11. salary of. p. 78, B. N. A. 105. his name substituted for Oueen's name, p. 71, B. N. A. 90. appoints administrators durinjf absence of Lieutenant Gover- nors, p. 07, B. N A. 67. Lieutenant Giu'ernurs—hov,- ai)pointed, p. 65, B. N. A. 58. how removable, p «)5, B. N. A. 59. salaries of, j). 05, B. N. A. 60. oaths of allegiance and ortice of, p 65, B. N A. 61. ap|K)int their Executive Council, p. 00, B. N. A. 63. ^ po wers of, \>. 00, ii. N. A. 05. administrator a|tpointed duritij? absence of, p. 67, B. N. A. 67. name of, substituted for that of Governor-General, p. 71, B. N. A. 90. GRANTS TO PROVINCES, p. bO, B. N. A. 118-9. GREAT SEALS— of Ontario and Quebec, p. 85, B. N. A. 136. GUARDIAN AD LITEM— when i)arty liaving may apply to vary or di8charj,'e oaler making him party to an action, p. 274, E. C. R. -^07. party not ha\ injf, mav apply in 12 days from appointment of, p. 275, E. C. 1',. 20S? HABEAS CORPUS, appeal in cases of, not limited as in ordinary cases, p. 121, S. C. A 17. an appeal will lie to Supreme Court in any case of proceedings for or upon, p. 122, S. C. A. 23. no security required in case of appeal in proceedings, for or upon writ of, p. 124, S. C. A. 31. ad utibjiciemiuin, any Judge of Sui>reme Court to have con- ciu-rent jurisilictitin with Courts or Judges of various Pro- vinces to i-sisue writ of, p. 131, S. C. A. 51. I INDEX. 371 HABEAS CORPUS,— Continued. appeals in cases of, to be heard at an early daj , p. 160, S. C. A. A. 28. powers of Judges in matters of, p. 160, S. C. A. A. 29. prisoner need not appear in Court on any appeal in matter of, p. 160, S. C. A. A. 30. Supreme Court may order his appearance, p. 100, S. C. A. A. 30. jurisdiction of Supreme Court In extradition cases taken away, p. 161, S. C. A. A. 31. notice c >n\ ening Court for hearing appeals in matters of, how to be published, p. 184, S. C. R. 12. certain rules of Supreme Court not to apply to appeals in matters of, p. 192, S. C. R. 46. case in appeals in matters of may be written, p. 192, S. C.R. 47. what to contain, p. 192, S. C. R. 47. no factum required in appeals in matters of. p. 192. S. C. R. 47. when case in matters of, to be filed, p. 192, S. C. R. 48. HALIFAX, the Capital of Nova Scotia, p. 67. B. N. A. 68. County of, entitled to two members, 17 other counties to one each, p. 60, B. N. A. 40 (3). re-adjusted by, 35 Vic, c. 13. HARBORS, PUBLIC, the property of Canada, p. 79, D, N. A. 108. HEARING, no more than two counsel on ecch side to be heard at, p. 189, S. C. R. 32. may be postponed by Court, p. 189, S. C. R. 33. may be postponed on default made in supporting or resisting appeal, p. 189, S. C. R. 34. notice of, when and by whom to be given, p 184. S. C. R. 11, " to be in form in Schedule B., p. 185, S. C, R. 13. •' when to be served, p. 186, S. C. R. 14. " how to be served, p. 186, S. C. R. 14. ' ' may be served at elected domicile, p. 186, S. C. R. 20. " or by affixing in Registrar's office, in certain cases, p. 186, S. C. R. 21. in Exchequer cases, application to fix time and place of, p. 248, E. C. R. 116. of motions and applications,— S«e "Application's," "Me- TI0N8." HIGH COURT OF JUSTICE, in Revenue causes, procedure to be that of Exchequer Division of, p. 216, fi. C. R. 1. excepr.ions, p. 216, E. C. R. 1. suits which according to practice of Exchequer Ekvlsion of, would be instituted by information, are to be instituted by in- formation in name of Attorney-General of Dom'.aion, p. 217, E. C. R. 4. statement of claim to conform to mode of pleading in use in, p. 217, E. C. R. 7. pleadings in actions in Exchequer Court to conform to system in use in, p. 224, E. C. R. 30. 24 X 3Y2 INDEX. HIGH COURT OF JmTlCE,-Confinued. except where cause of action arises in Province of Quebec, p. 224, E. C. R. 30. writ of sequestration to have same effect as in, p. 271, E. C. R. 197. pr<>ceeN.MENT FOR DEBT, in what cases allowed under execution out of Exchequer Court, p. 159, S. C. A. A. 25. how person in custody may be discharged, p. 159, S. C. A. A. 26. INDEX. 873 INDIANS AND INDIAN LANDS, under exclusive control of Parliament, p. 73, B. N. A. 91 (24). INFANT, service on, p. 220, E. C. R. 20. special case affectinif, not to be set down for argument without leave, p. 24>;, E. C. R. 114. INFERENCES OF FACT, shall be drawn by Supreme Court from facts stated in special case. p. 122, 8. C. A. 18. INFORMATION, scire facias for annulling Letters Patent upon, in Province of Quebec, p. 27, I. how such sci ved and tried, etc., p. 28, I. certain suitu on behalf of Crown to be instituted by, p. 217, B. C. R. 4. to be filed in name of Attorney -General ot Dominion, or by some one authorized to affix his signature, p. 217, E. C. R. 6. to conclude with claim for relief sought, p. 217, E. C. R. 0. form of cunmiencement and conclusion of, p. 290, E. C. R. Sch. A. no writ or process to api>ear or plead to, n. 2i9, E. C. R. 14. in suits by, office copy to be served on defendant, p. 219, E. C. R. 14. form of endorsement on, p. 292, E. C. R. Sch. C. service of, to be personal, p. 219, E. C. R. 15. except where otherwise provided, p. 219, E. C. R. 15. not necessary to produce original at time of service, p. 219, E. C. R. 15. service of, upon Corporation, p. 219, E. C. R. 10. upon parties sued in respect of ))artner8hip liability, p. 220, E. C. R. 17. on husband and wife, p. 220, E. C. R. 19. on infant, p. 220, E. C. R. 20. on lunatic or person of unsound njind, interdicted, etc., p. 221, E. C. R. 21. on person ol unsound mind, not interdicted, etc., p. -^ 221, E. C. R. 22. on defendant out of jurisdiction, p. 221, E. C. R. 23. on defendant not to be found, p. 222, E. C. R. 24. Judge may order office cony of to be mailed, p. 222, E. C. R. 26. no a|>])earaiicc to, required, p. 2iii, E. C. R. 20. filing statement in defence, etc., to l)e first step in defence to, p. 223, E. C. R. 20. Court or Judge may allow or order amendment of, at any stage of proceedings, \h 231, E. C. R. .'>7. Attornev-Oeneral may amend without leave before defence filed and l)efore reply, p. 2:V2, E. C. R. 58. effect of allowing demurrer to whole of, p. 2.36, E. C. R. 74. wlien judgment on against Crown for payment of money. Judge to certify t«) .Minister of Finance, p. 204, E. C. R. 166.* serving notice <»f motion on defendant in default to answer to, p. 278, E. C. R. 223. serving notice of motion on defendant with, before answer, p. 278, E. C. R. 224. I) 374 INDEX. 1 INJUNCTION, may be (granted by iuterlocutory order when Just or convenient, p. 276, E. C. R. 209. order ff>r may be either ex parte or on notice, p. 27r>, E. C. R. 209. INQUIRIES, may be directed to be made at any stage of proceedings, p. 246, E. C. R. 110. INQUISITION, none requir' d to And truth of Petition of Right, p. 160, P. R. A. fi. INSOLVENCY AND BANKRUPTCY, under exclusive control of Parliament, p. 73, B. N. A. 91 (21). in cam*', of insolvency of any original )>arty to appeal, parties may be added by suggestion, p. 190, S. C. R. 36. See "PARTIK8." INSPECTION, notice to produce documents for, may be given anv time at or before hearing, p. 242. E. C. R. 97. , non-comnliance with notice, effect of, p. 242, E. C. R. 97. notice of time and place of production for, to be given, and when, p. 243, E. C. R. 99. form of notice, p. 243, E. C. R. 99. order for, obtained, and when, p. 244, E. C. R. 100. every application for, to be to a Judge, p. 244, E. C. R. 101. and to be founded on affidavit, p. 244, E. C. R. 101. question as to rittht to, may be reserved by Court or Judge, p. 244, E. C. R. 102. , refusal to comply with order for, result of, p. 244, E. C. R. 103. service of order for, on Solicitor, etc., sufficient to found appli cation for attachment, p. 245, E. C. R. 104. INTERCOLONIAL RAILWAY to connect the St. Lawrence with Halifax, p. 87, B. N. A. 145. INTEREST, of money, under exclusive control of General Government, p. 73, B. N. A. 91 (19). of public debts of Provinces, p. 78, B. N. A. 104. deduction of, by General Government, from allowances to Pro- vinces, p. 80, B. N. A. 118. paid to Nova Scotia ar.d New Brunswick, ]>. 80, B. N. A. 116. when Supreme Court affirms any judgment, interest shall be allowed by the Court for such time as execution delayed by appeal, p. 126, S. C. A. 34. mrty entitled to execution may levy, p. 266, E. C. R. 177. INTERLOCUTORY APPLICATIONS, in Supreme Court, to be by motion, p. 190, S. C. R. 39. INTERLOCUTORY ORDERS, in Exchequer Court, generally, p. 275, E. C. R. 209. See " Orders." INTERPRETATION, of words and expressions in S. C. A., p. 120, S. C. A. 11. of words "relief," " Court" and "Judge," in Petition of Right Act, p. 173, P. R. A. 21. INDEX. 376 INTERPRETATION.-CunWniied. of word " Judffe," in 8. U. R., p 109, 8. C. R. 76. words inipurtiiiir Hingular number to include plural, and viot verga, p. 199, 8. C. R. 77. words importinif masculine tfetider to include females, p. 190, 8. C. R. 77. of word " party" or " pertieh," p. 199, 8. C. R. 77. of words " the Act," p. 199, 8. C. R. 77. in E. C. R., of term "a Judife," p. 287, E. C. R. 259. of other words in E. C. R., p. 287, E. C. R. 260. 1NTERR00AT0RIE8, the examination of any {lerson on, may lie ordered by Court or Jud^e, p. 152, 8. C. A. A. 1. ))erMon beyond Jurisdiction may be examined on, for purposes of discovery, p. 241, E. C. R. 92. person refusing^ to comply with 8ub|MBna or order to answer, liable to attachment, y. 244^ E. C. R. 103. if any answers to, read at trial, whole to be considered in evi> dence, ii. 245, £. C. R. 105. examination of witness by, may be ordered, p. 253, E. C. R. 131 IRREGULAR PROCEEDINGS, how dealt with, p. 286, E. C. R. 257. ISSUE, may be Joined by reply, p. 226, E. C. R. 40. how Joinder of shall o|)erate, p. 226, E. C R. 40. Joinder of, only pleading subsequent to reply, without leave, p. 230, E. C. R. .53. Joinder of, close of pleadinffs, p. 231, E. C. R. 54. ISSUES, of fact in Court of Exchequer to be tried according to laws of the Province in which cause ori{^nated, including laws of evi- dence, p. 135, 8. C. A. 63. in cases under 5Sth sec. of 8. C. A., to be tried without Jury, p. 135, S. C. A. 64. in cases under 59th sec., a WTit of venire fucias may issue, p. 185, S. C. A. 65. of fact, under Petition of Right, to be tried without a Jury, p. 169, P. R. A. 8. trial of, may be partly at one place, partly at another, p. 169, P. R. A. 9. Judge may direct preparation of, p. 231, E. C. R. 56. of fact, trial of to be deemed trials at bar, p. 250, E. C. R. 118. reference may be directed after trial of, p. 252, E. C. R. 128. copy of Judge's notes to be made by Registrar after tribl of, p. 253, E. C. R. 130. after determination of, action may be set down on motion for Judgment, p. 259, E. C. R. 151. or after determination of some only, p. 259, E. C. R. 152. directing, to be tried, on motion for Judgment, p. 260, E. C. R. 154. JOINDER OF ISSUE, See "IssuB." •'I 376 INDEX. JOURNALS, uf Parliament of Canada and Quebec to be printed and published in Eniflinh and French, p. 83, B. N. A. 133. JUDGE. meaninir of word in Petition of Right Act, p. 173, P. R. A. 21. and in S. C. R., p. lUU, 8 0. R. 76. 270, I i to Hit in o|)en Court every Monday, for certain pun><*8e>«i P E. C. R. 214. applicati<»nH to, in Court, to be by motion, p. 277, E. C. R. 217. and in Chambers, by summonH, p. 270, E. C. R. 225. may rescind his own order, p. 270, E. C. R. 220. JUDGES, appointed l)y Oovonior General, p. 77, B. N. A. 06. except Judges of Probate of N<»va Scotia and New Brunswick, p. 77, B. N. A. 06. temporarily selected from respective Bars, p. 77, B. N. A. 07. of Quebec Courts, always from Bar of L. C., p. 77, B. N. A 98. of Superior Courts, removable by Governor General on address of Senate and Commons, p. 77, B. N. A 00. salaries, allowances and jiensions, p. 77, B. N. A., 100. of Exchequer Court tryintf coses elsewhere than in Ottawa, to. receive actual travelling expenses, p. 324. trrosM amount of travelling expen.ses to be certified, p. 324. form of certificate, p. 324. number of, comprising Supreme Court, p. 118, S. C. A. 8. 5, a (luorum for holding Court in tenn, p. 118, S. C. A. 3. 6, a quorum for hearing and determining causes in appeal, p. 121, S. C. A 12. may be removed u{M)n address of Senate and House of Commons, p. 118, S. C. A. 5. of Supreme Court, to be Judges of Exchequer Court, p. 118, S 1. C. A. 4. ^ to reside at Ottawa, or within 5 miles, p. 118, S. C. A. 4. vacancies in otflces of, how to be filled, p. 118, S. C. A. 4. ■ to hold ortice during good behaviour, p. 118, S. C. A. 6. salaries of, anO how payable, p. 118, S. C. A. 6. retiring allowance of, and how payable, p. 110, S. C. A. 7. oath of office of, p. 120-134, S. C. A. 8-60. oath to be administered to Puisne Judges by Chief Justice, p. 120, S C. A. 0. to hold no other office of profit, p. 120, S. C. A. 10. of Supreme Court to have concurrent jurisdiction in cases of habeas cot-pus ad itubjidendum, p. 131, S. C. A. 51. any Judge uiiTering in o])inion from majority, may certify his opinion to Governor-General in Council, in special cases refer* red, p. 132, S. C. A. 52. any two to report on private bills, &c. , referred, p. 132, S. C. A. 68. may sit singly, and at any time and place, for Exchequer Court business, p. 135, S. C. A. 62. may make rules of procedure, p. 138, S. C. A. 79. or any 5 may make rules in Petition of Right cases, p. 170, P. R. A. 14. notes of, after trial, to be copied, p. 253, E. C. R. 130. INDEX. 877 JUDGMENT, Interpretatiuii of woni, p. 120, S. C. A. 11. appeal to lie from fliml Judtpnent of highest Court of final re- sort, p. 121, S. C. A. 17. of Supreme Court in all cases to be final, p. 120, S. C. A. 47. Respondent may consent to reversal of, p. 127, S. C. A. 40. of Supreme Court to be certified by Registrar to proper officer of Court of original Jurisdiction, p. 120, S. C A. 46. in case of failure to file defence to Petition, how and when ob* tained, p. 170, P. R. A. 10. form of, on Petition of Right, p. 170, P. R. A. 11. that suppliant entitled tv relief, to be of same effect as Judg* ment of >imoveas tnanuit in certain canes, p. 170, P. R. A. 12. in favor of suppliant, to be certified to Receiver-General, p. 171 P. R. A. 17. Judge may direct to be entered at or after trial, p. 251, E. C. R. 124. none to be entered after trial without order, ]). 251, E. C. R. 124. absolutely, p. 252, E. C. R. 12d. with leave to move, p. 252, E. C. R. 127. preliminary, ordering reference, p. 252, E. C. R. 128. motion for— generally, p. 257, E. C. R. 143. alter pleadings closed any party may apply to set down cause on motion for, p. 257, E. C. R. 143. with leave to u.se affidavits on, p. 257, E. C. R. 143. to be obtained by motion for, p. 257, E. C. R. 144. when entered subject to leave to move action to be set down on motion for, p. 257, E. C. R. 145. time for giving notice of such setting down, p. 257, E. C. R. 145. what notice of motion for, to contain, p. 257, E. C. R. 145. where at trial Judge abstains from giving, Attoniey-Qeneral, plaintiff or Petitioner may set down action on motion for, p. 258, E. C. R. 140. in default, defendant may do so, p. 258, E. C. R. 146. when preliminary, orderin;r reference, action may be set down on motion for, 14 days from filing of Report, p. 258, E. C. R. 147. moving to set aside when action tried before a Jur}', p. 258, E. C. R. 148. moving to set aside on cround that wrong upon finding aa entered, p. 259, E. C. R. 149. on motion to be set aside, order to be order to show cause, p. 2.'»9, E. C. R. 150. and returnable in 8 days, p. 259, E. C. R. 150. motion to be set aside to be made within 14 days after trial, p. 259, E. C. R. 150. setting down action on motion for, after determination of issues or questions of fact, p. 259, E. C. R. 151. on default by Attorney-General, plaintiff or petitioner to set down within 14 days, any defendant may set down, p. 259, E. C. R. 151. setting down action on motion for, after determination of some issues, p. 259, E. C. R. 152. 378 INDEX. JUDGMENT,- Confmi/frf. no action to be net down on motion for, a(l«r tiic expiration of one year, without leave, p. 200, E. C. R. 163. proceedinflrfi on motion for, if Court desire further materials, p. 260, E. C. R. IM. coiMideration of adjournnl motion for, p. 260, E. C. R IM application for, on admisHlonR of fact, p. 261, E C. R. 165. entry of, p. 261, E. C. l(. 166. forms of, p. 261. E. C. R. 166. entry of, to be dated day Judtrment pronounced, p. 261, E. C. R. 157. of non-suit, to huvu same effect as Judifnient on merits, p. 262, E. C. R. l.'W. but may beset aside in cose of mistake, &c., p. 202, E. C. R. 168. tenor of, ai^inst Crown for payment of money to he certified to Finance Mininter, p. 264, E. C. R. 106. for paymet t of money against party other than Crown, how enforced, p. 264, E. C. R. 167. for iHtyment of money into Court, enforced by sequestration, p. 264, E. C. R. 168. for recovery or delivery of possession of land, enforced by writ of |H>s8e8sion, p. 264, E. C. R. 169. for recovery of property other than land or money, how en- forced, p. 265, E. C. H. 170. to enforce dointf or abstainin(r from any act (other than pay- ment of money) p. 266. E. C. R. 171. no execution to issue without production of, to proper officer, p. 260, E. C. R. 174. execution may issue within 6 years from recovery of, p. 268, E. C. R. 183. after 6 years, upon order, p. 'i«8 E. C. R. 184. every order of Court or a Judnre may be enforced in same man> ner as, p. 269, E. C. R, 186. Judg^e to sit in open Court everv Monday to hear motions for, p. 276, E. C. R., 214 JUDICIAL COMMITTEE, of H. M. Privy Council, proceedings in appeals to be as nearly as possible in conformity with practice (»f, p. 123, S. C. A. 24. JURISDICTION, of Court of Exchequer. concurrent when sought to enforce any law of Dominion relat- ing to Revenue, p. 134, 8. C. A. 68. or when the Dominion is a party interested, ]). 134, S. C. A. 59. exclusive— in cases in which demand nuule or relief sought in respect of any matter which might in England be subject of a suit or action in Ci>urt of Exchequer on its revenue side, p. 134, S. C. A. 58. service on defendant out of, p. 221, E. C. R. 23. See " Special Jirisdictio.n." URORS, issue of fact under 58th sec. S. C. A., to be tried without, p. 135, S. C. A. 64. Writ of venire facias may issue to summon for trial of issues under 59th sec, p. 135, S. C. A. 65. INDEX. 379 JURORS, —C»?»08es belong to Canada, p. 79, B. N. A. 108. in a Province, belong to that Province, p. 79, B. N. A. 109. belonging to Canada or Provinces not liable to taxation, p. 81, B. N. A. 126. Judgment for recovery or delivery of, enforce^', by writ of pos- session, p. 264, E C. R 169. any equitable or legal interest in may -be sold under y?. fa., p. 270, E. C. R. 189. bound from delivery of writ, i). 270, E. C. R. 101. writ of ven. ex. to com])el sale of, p. 270, E. C. R. 102. in selling and advertising for sale, what lawH to be foIlt)wed, p. 270, E. C.R. 193. LAW SOCIETY, U. C, Joint property of Ontario and Quebec, p. 70, B. N, A. 113. LAWS, of Ontario, Nova Scotia and New Brunswick, may be assimi- lated, p. 76, B. N. A. 94. in force at union in Provinces, continue In force, subject to Union Act, p. 83, B. N. A. 129. LEGAL TENDER, under exclusive control of general Goveniment, p. 73, B. N. A. 91 (20). LEGISLATIVE ASSEMBLIES, of OnUrio, p. 67, B. N A. 69, 70, of Quebec, pp. 67-69, B. N. A. 71, 80. 380 INDEX. LEGISLATIVE COUNCIL, of Quebec, p. 67, B. N. A. 71-2. LEGISLATIVE COUNCILLORS, of late Provinces, p. 82, B. N, A. 127. of Quebec, p. 68, B. N. A. 72-6. LEGISLATIVE GRANT, L. C, Joint property of Ontario and Quebec, p. 79, B. N. A. 113. LEGISLATURES, certain powers to be exercised with consent of Legislatures of various Provinces, p. 132, S. C. A. 54. LETTERS PATENT, demand for annulling in Province of Quebec may be by suit in ordinary form, or by scire facias upon information, p. 27, 1. LIABILITIES OF CANADA, See Consolidated Rkvenuk Fund. LICENSES, for raising a revenue for Provincial, Local or Municipal pur- poses, under exclusive control of Provinces, p. 74, B. N. A. 92(9).. LIEUTENANT GOVERNORS, Sec Governors, LIGHT HOUSES, &c., under exclusive control of general Government, p. 72, B. N. A. 91 (9). piers and Sable Island the property of Canada, p. 79, B. N. A. 108. LOANS, See "BoRROWiNO Money." to Provinces, allowed by 37 Vic., c. 17, s. 2. LOCAL WORKS AND UNDERTAKINGS, in Provinces, p, 74 B. N. A. 92, (10). LOWER CANADA, used after luiion will not invalidate deeds, &c., p. 85. B. N. A. 138. LUMBER DUES, in New Brunswick— continue to be levied by the Province, but not increjised, p. 81, B. N. A. 124. (Repealed— See New Brunswick.) LUNATIC, service on, how effected, p. 221, E. C. R. 21. special case affecting, p. 248, E. C. R. 114. LUNATIC ASYLUMS. joint property of Ontario and Quebec, p. 248, B. N. A. 113. MANDAMUS, cases of, excepted in sec. 17, S. C. A., p. 121 S. C. A. 17. appeal will lie in any case of proceedings for or upon writ of, p. 122, S. C. A. 23. MANITOBA, Jurisdiction of Court of Queen's Bench of, p. 36, I. constituted a Province and brought into the Union 15th July, 1870, by 33 Vic, c. 3, ratified by Imperial Act 34-35, Vic, a 28, p. 104, B. N. A. 71-5. I INDEX. 381 MANITOBA,— Confinued. when case in criminal, and habeas coipW9 appeals from, to be filed, p. 192, S. C. R. 48. when notice of hearing in such appeals to be served, p. 193, S. C. R. 49. time for filing defence, where defendant residos.in, p. 223, E. C. R. 27. MANUFACTURES OR PRODUCE, of one Province admitted free throughout Canada, p. 81, B. N. A. 121. MARINE HOSPITALS, under exclusive control of general Government, p. 73, B. N. A. 91 (11). MARITIME PROVINCES, Supreme Courts of, how established, p. 28, 1. See " New Britnswick, Nova Scotia, Prince Edward Isla.>;d." MARITIME COURT OF ONTARIO, THE, established, and appeal from to Supreme Court allowed, and how regulated, p. 330. MARRIAGE, solemnization of, within Provinces, under their exclusive control, p. 74, E. N. A. 92, (12). and divorce, under exclusive control of general Government, p. 73, B. N. A. 91, (26), MARRIED WOMAN, See •' Parties.', special case affecting not to be set down for argument without leave, p. 248, E. C. R. 114. MEETING OF PARLIAMENT,— p. 66, B. N. A. 19. from time to time, p. 60. B. N. A. 38, at least once within 12 months, p. 56, B. N. A. 20, of Legislatures, of Ontario and Quebec, p. 69, B. N. A. 81. from time to time, p. 69, B. N. A. 82. at least once within 12 months, p, 70, B. N. A. 86. MESSAGES, announcing Governor's consent to money bills, p. 64, B. N, A. 54. communicating Royal assent to bills to be entered on journals of each House, p. 64, B. N. A. 57. MILITARY ROADS, the property of Canada, p. 79, B. N. A. 108. MILITIA, &c., under exclusive control of general Government, p. 72, B. N. A. 91,(7). MINES, &c„ belong to respective Provinces, p. 79, B. N. A. 109. _* . MINISTERS, of Ontario and Quebec, invested with powers and immunities •• of corresponding officers of late Province of Canada, p. 84. B. N. A. 135. 382 INDEX. MISDEMEANOR, any person convicted of, whose conviction has been affirmed by any Court of last resort may appeal to Supreme Court, p. 131, S. C. A. 49. no appeal in cases of, when Court affirming conviction unani* mous. p. 131, S. C. A. 49. appeal in cases of, must be brought on at term of Supreme Court during which conviction affirmed, or at term thereafter, unless otherwise ordered, p. 131, S. C. A. 50. MONEY, borrowed on sole credit of a Province, under its exclusive con- trol, p. 74, B. N. A. 92,(3). on public credit by general Government, under its control, p. 72, B. N, A- 91, (4). payment of into Court, p. 197, S. C. R. 66. '♦ out of Court, p. 197, S. C. R, 67-8. ** into Exchequer Court, p. 275, E. C. R. 211. " out of Exchequer Court, p. 276, E. C. R. •^12-213. payment of by Crown, judgment for to be certified to Finance Minister, p. 264, E, C. R. 166. pa^^nent of, by other parties, how enforced p. 264, E. C. R. 167. payment of, into Court, may be enforced by sequestration, p. 2e4, E. C. R. 168. no writ of attachment to issue to compel payment of, p. 265, E, C. R. 172. interlocutory order for payment of, into Court, p. 275, E. C. R. 210. MONEY BILLS, originate in Commons, p. 64, B. N. A. 53. and in Legislative Assemblies, p. 71, B. N. A. 90. must be recommended during the same session by Governor General, p. 64, B. N A. 54. or Lieutenant-Governor, p, 71, B. N. A. 90. MONTREAL OOURT HOUSE, joint property of Ontario and Quebec, p. 79, B. N. A. 113. MONTTtEAL TURNPIKE TRUST, joint property of Ontario and Queboc, p. 79, B. N. A. 113. MOTIONS. bv retiiDondent to dismiss appeal if appellant's factum not filed, *p. 183, S. C. R. 26. to set a.side suggestions adding parties, p. 190, S. C. R. 37. course which may be taken on such, p. 190, S. C. R. 38. all interlocutor^' applications to be made by, p. 190, S. 0. R. 39. notice of, when* to be served, p. 190, S. C. R. 39. " how to be served, p. 191, S. C. R. 40. " service of, to be accompanied by copies of affidavits filed, p, 191, S. C. R 4L to be set down on list and called on each morning of Session before hearing of appeals, p. 191, S. C. R. 43. evidence may be given by affidavit on, p. 254, E. C.'R. 132. on interlocutor^-, affidavits may state belief, p. 254. E. C. B. 133. for new trial, generally, p. 256, E. C. R. 138. for order for new trial, p. 256, E. C. R. 138. INDEX. 383 MOTIONS,— Conft/Ju«/. to be made within 10 days after trial, p. 256, E. C. R. 138. for judgfment,— S«« " Judobment." to set aside judgrment, p. 259, E. C. R. 149. for order on admissions of fact in pleadings, p. 201, E. C. R. 155. on appeal from report, p. 263, E. C. R. 165. and other applications generally, p. 276, E. C. R. 214. Judge to sit in open court every Monday for purpose of hearing, p. 276, E. C. R. 214. for judgment and ordinary, motions on notice, to be set down two daj's before hearinLf, p. 276, E. C. R. 215. and to be called on in order of setting down, p. 276, E. C. R. 215. this is not to apply to ex parte motions, p. 277, E. C. R. 216. applications in Exchequer Court to judge in Court to be by motion, p. 277, E. C. R. 217. to be on notice (unless ex parte), p. 277, E. C. R. 219. 2 clear days notice of hearing of, to be given, p. 277, E. C. R.220. proceedings when Court thinks notice of motion should be given to other parties, p. 278, E. C. R. 221. adjournment of, p. 278, E. C. R. 222. Atty.-Gen., Plfl. or Petr., may without leave serve any notice of motion on defendant not answering, p. 278, E. C. R. 223. notice of motion may be served alongwith Information, Petition, or Statement of Claim, by leave to be obtained ex parte, p,278, E. C. R. 224. MUNICIPAL LOAN FUND, U. C, and L. C. — joint property of Ontario and Quebec, p. 79. B. N. A. 113. MUNICIPAL INSTITUTIONS, under exclusive control of Provinces, p. 74, B. N. A. 92(8). MUNICIPALITIES FUND, joint property of Ontario and Quebec, p. 79, B. N. A. 113. NAMES, of Courts, p. 117, S. C. A. 1. NATURALIZATION, under exclusive control of general government, p 73, B. N. A 91 (26). NAVAL SERVICE, under exclusive control of general government, p. 72, B. N A 91(7). NAVIGATION AND SHIPPING under exclusive control of general government, p. 73, B. N A 91 (10). NEW BRUNSWICK, exchequer jurisdiction of Supreme Court of, p. 28, 1. statute 33 Hy. VIII, c. 39 in force in, p. 30, I. when case in criminal and habeas corpus appeals from, to be filed, p. 192, S. C. R. 48. when notice of hearing in such appeals to be served, p. 193 s C. R.49. ' ' retains its present limits, p. 54, B. N. A. 7. and execi'.tive authority, p. 66, B. N. A. 64. 384 INDEX. *•!! NEW BRUNSWICK,— Contumt'd. its legislature, p. 71. B. N. A. 88. courts, coiuinissions, officers, &c., p. 53, B. N A. 29. lumber dues retained, p. 81, B. N. A. 124. (repealed by New B. Act, 36 Vic. c. 17— subsidy allowed there- for, 36 Vic. c. 41). ])ublic property retained, subject to be taken when required for fortifications or defence, p. 80, B. N. A. 117. time for filing defence, when defendant resides in, p. 223, E. C. R. 27. NEWFOUNDLAND, provisions for admission of into the Union, p. 87, B. N. A. 146-7. when admitted to be entitled to four representatives in the Sen- ate, p. 87, B. N. A. 147. WEW TRIAL appeal shall lie from the judgment upon any motion for, upon the ground that the judge has not ruled according to l^iw, p. 122, S. C. A. 20. but notice in writing to be given within 20 days after, decision complained of, p. 122, S. C. A. 21. when application for, upon matter of discretion only no appeal to Supreme Ct. allowed, p. 122, S. C. A. 22. See "Motions," " Trial." NONSUIT, appeal shall lie from the judgment upon any motion to enter, p. 122, S. C. A. 19. judgment of, to have the same effect as judgment on merits, p. 262, E. C. R. 158. setting aside judgment jn, p. 262, E. C. R. 158. NORMAL SCHOOLS, property of Ontario and Quebec, p. 79, B. N. A. 113. NORTH WEST TERRITORY, may be admitted into th i Union on address from Houses of Parliament, p. 87, B. N. A. 14G. (For terms of transfer and sale to Canada — See Sessional papers of 1869, No 25 Provisional Government established by 32 & 33 Vic. c. 3. Transferred by Imperial Act 31 «& 32 Vic, c. 105, forms part of Canada since I5th July, 1870. For Orders in Council, &c ,—See Statutes of Can. 1872, p. Ixii, p. WOTFS of Judges, copy of, to be made by Registrar after trial, p. 253, E. C. R. 130. NOTICE, in writing, of appeal, to be given within 20 days after decision complained of in certain cases, p. 122, S. C. A. 21. of examination to be given adverne party, p. 154, S. C. A. A. 4. of time and place of attendance, signed by person to take exami- nation, to be served, p. 154, S. C. A. A. 5. endorsed on Petition of Right, served on third parties, p. 169, P. It. A. 6. convening Supreme Court, under sec. 14, to be published by Registrar in Canada Gazette, p. 184, S. C. R. 12. and may be in form in Sched. "A." S. C. R., p. 184, S. C. R. 12. INDEX. 385 lere- ifor E.G. L46-7. iSen- upon w, p. cision ippeal ter, p. tits, p. W 1868 of papers y 32 & c. 105, dera in , p. 253, decision i. A. 4. e exami- I, p. 169, shed by C. R. 12. NOTICE,— Con/inv-ed. to be given to opposite party of application for further time to file case, p. 191, S. C. R. 42. by respondent, of intention to contend that decision of Court below should be varied, p. 195, S. C. R. 61. should be one month's notice, p. 196, S. C. R. 62. to defendant not to be found, to be published with copy of order, p. 222, E. C. R. 24. form of, Sched. "D." E. C. R., p. 293, E. C. R. Sched. D. may be alleged as a fact in any pleading, p. 227, E. C. R. 42. NOTICE TO PRODUCE, form of, p. 243, E. C. R. 98. of production for inspection, form of, p. 243, E. C. R. 99. NOTICE OF TRIAL, Judge to direct upon whom to be served, p. 248, E. C. R. 116. not to be countermanded without leave, p 250, E. C. R. 119. NOTICE OF HEARING, to be given by appellant, for next following session, if sufficient time, p. 184, S. C. R. 11. if not sufficient time, for ensuing session, p. 184, S. C. R. 11. to be served at least one month before first day of session at which appeal to be heard, p. 185, S. C. R. 14. may be in form in Sched. " B." S. C. R., p. 185, S. C. R. 13. how it may be served, p. 185, S. C. R. 15. on whom to be served, p. 185, S. C. R. 15. ' may be served by affixing in office of Registrar in certain cases, p. 186, S. C. R, 21. to be served on Attorney or Solicitor who represents respondent who appeared in person in Court below, p. 186, S. C. R. 19. service of, at elected domicile, p. 186, S. C. R. 20. in criminal or habeas corp. appeals from New Brunswick, p. 193, S. C. R. 49. in criminal or habeas corp. appeals from Nova Scotia, p. 193, S. C. R. 49. NOTICE OF MOTION, in Supreme Court, to be served 4 clear days before hearing, p. 190, S. C. R. 39. how to be served, p. 191, S. C. R. 40. service of, to be accompanied by copies of affidavits filed in sup- port of motion, p. 191, S. C. R. 41. for judgment in Exchequer Court, p. 257, E. C. R. 145. in Exchequer Court generally, p. 226, E. C. R. 39-41. See "Motions." NOVA SCOTIA. Stat. 33 Hy. VIII., c. 39, held not in force in, p. 34, I. Jurisdiction of Supreme Court of, p. 34, ,. .^ retains its present limits, p. 54, B. N. A. 7. and Executive authority, p. 66, B. N. A. 64. its Legislature, p. 71, B. N. A. 88. Courts, Commissions, Officers, &c., p. 83, B. N. A. 129. public property of, retained, p. 80, B. N. A. 117. when case in criminal or habeas corpus, appeals from to be filed, p. 192, S. C. R. 48. 386 INDEX. I i '« '-^ . I NOVA SCOTIA,— Cmtinued. when t?otioe of hearin(f in tuoh appeals to be iriven, p. 192, S. C R. 49. time for filing defence wlien defendant resides in, p. 223, E. C* R. 27. OATH, by members of Privy Council, p. 54, B. N. A. 11. by Lieutenant-Governors same as Governor-General, p. 65, B. N. A. 61. by Senators, p. 82, B. N. A. 128. by members of Commons, Legislative, Councillors and members of Assemblies, p. 82, B. N. A. 128. of allegiance and declaration of qualification, p. 97, B. N. A. 5 Sched. administered to witness at the Bar of the Senate by the Clerk, &c.. See 31 Vic. c. 24, ratified by Parliament of Can. Act 75, p2 110, P. C. A. 2. (See also 39 Vic. c. 7.) of otHce, to be taken by Judges of Supreme Court, pp. 120, 134, S. C. A. 8 60. to be administered to Chief Justice by Govenior-General or administrator of Government in Council, p. 120, S. C. A. 9. to be administered to puisne Judges by Chief Justice, p. 120, S. \j» A.. IF. evidence of witness examined in pursuance of provisions of S C. A. shall be taken upon, p. 153, S. C. A. A. 2. Governor in Council may appoint commissioners to administer, p. 165, S. C. A. A. 10. before whom to be taken out of Canada, p. 156, S. C. A . A OBJECTION, formal, not to prevail in Supreme Court, p. 197, S. C. R. 6J No proceeding in Exchequer(iCourt to be defeated by, p. 28&, E. C. R. 256. OFFICE COPY, ef information or statement of claim to be served, p. 219, E C. R. 14. of I'etition of Right to be served, p. 224, E. C. R. 29, OFFICERS, May be appointed by Governor-General for carr3ing out provi- sions of Union Act, p. 83, B. N. A. 131. in Provinces, under exclusive control of Local Governments, p. 74, B. N. A. 92 (4.) of Supreme and Exchequer Courts, certain provisions of Civil Service Act, 1868, &c., applied to, p. 162, S. C. A. A. 38. of Exchequer Court, attendance of, p. 283, E. C. R. 242. ONTARIO, formed of late Province of Upper Canada, p. 63, B. N. A. 6. 82 electoral districts of, p. 89, B. N A. 1st Sched. each returning 1 member for Commons, p. 60, B. N. A, 40. and one for assembly, p. 67, B. N. A. 70. Legislature of, p. 67, B. N. A. 69. has power to modify Constitution, p. 74, B. N. A. 92 (1.) '1 INDEX. 387 O^ARIO,— Continued. Courts, iS:e., continue, p. 83, B. N. A. 129. Assembly of, elected for 4 years, j). 70, B. N. A. 85. to be convened, p. 01), B. N. A. 81. from time to time, p. 69, B, N. A. 82. at least once in 12 months, p. 70, B. N. A. 86. election of speaker, quorum and voting, p. 71, B. N. A. 87. appr(»priation and tax bills, p. 71, B. N. A. 90. vawincies in representation, p. 62, B. N. A. 43. when case in criminal and habeas corjnis appeals from to be filed, p. 192, S. C. R. 48. when notice of hearintf in such appeals to be served, p. 193, S. 0. R. 49. time for filing defence when defendant resides in, p. 223, E. C. R. 27. provisions of Sees. 54, .')5, 56 & 57 of S. C. A. respecting ct)ntri>- versies between Ontario and Dominion or Ontario and other Provinces, &c. brought into force, j). 328. ORDER IN COUNCIL, relating to judge's travelling expenses and fees to sheriffs and constables, p, 324. ORDERS under Supreme Court of Judicature Act 1875, do not affect pro- cedure on Revenue side of Exchequer Division, p. 8, I. in either Supreme or Exchequer Courts for i>ayment of money, enforced by same writs of execution as a judgment in Exche- quer Court, p. 101, S. C. A. A. 35. judges of Supreme Court may make, p. 138, S. C. A. 79. may be altered or amended, p. 138, S. C. A. 70. copies of to be laid before Parliament, p. 138, S. C. A. 79. Judges of Supreme Court may make, for carrying out purposes of Act amending, S. C. A., i). 102, S. C. A. A. 37. and for regulating- Petitions of Right, p. 170, P. R. A. 14. copy of any order made by Court below enlarging time for appealing to be contained in case, |». 182, S. C. R. 3. in cases of appeal shall bear date on day judgment or decision pronounced, p. 189, S. C. R. 35. to be signed by Registrar, p. 189, S. C. R. 35. directing service on defendant out of jurisdiction, p. 221, E. C R. 23. directing defendant not to be found to file defence, kc, p. 222, E. C. R. 24. directing case to proceed as though defendant not to be fouiul had filed defence, p. 222, E. C. R. 24. Judge may order copy of, to be mailed, p. 222, E. C. R. 25. of Court or Judge may be enforced in same manner as judg- ment, p. 269, E. C. R. 185. in favor of or against person not a party to an action, how en- forced, p. 269, E. C. R. 186. interlocutory— granting' injunction, p. 275, E. C. R. 209. appointitig receiver, p. 275, E. C. R. 209. for preservation of interim custody of subject matter of litigation, p. 275, E. C. R. 210. for payment into Court, p. 275, E. C. R. 210. 20 Y 388 INDEX. OHDEHU, Continued. t<» show cause not to l)e irranted unless exjiresslv authorized bv Rules, J). 277, E. C. R. 218. Juilufc may rescind his own, p. 27'.), E. C. R. 22(;. UKDNANCE PROPERTY, helonjrs to Canada, p. 79, B. N. A. 108. See Uril Schcd. R. N. A. (!)), j). i>U. OTTAWA, Seat of tJoveniMcnt of Dominion, p. '>('>, \i N. A. 10. PAPERS, service of, on Respondeiit who elects t^> appear bv Attorney, p. 180, S. C. R. 19. on ReH]M)ndent who elects domicile, ]^. 18<», S. C. R. 20. when :'espondent appears in person without electuig' douioMc, p. 180, S. ('. \. 21. on new Attorney or Solicitor, p. 187, S. C. R. 22. service of, in Exchecpier Court, by alfixlni,'' in Rejfistrar's office, p. 281, E.'C. R. 235. certiorari, may issue to brini,'- uji, p. 101, S. C. R. 34. PARLIA.MKNT, of Canada, name of lejfislative power of Confederation, p. 56, B. N. A. 17. consists of (^ueen. Senate and Commons, p. 50, B. N. A. 17. continues for 5 years, p. 03, H. N. A. .'iO. l)rivili>fes of, p. 50, B. N. A, 18. provisions as to, extended, p. 110, P. C. A. 1. its powers for making laws jijenerallv and exclusively on certain subjects, 1). 72, B. N. A. 91-93. PARTIES, to any proceedin<4- in Supreme or Exchequer Ct., may be exam- ined, p. l.Vi, S. C. A. A. 1 refusing* to proceed with further examination, p. 153, S. C. A. A. 3. to Petitions of Rig'ht, other than Crown, p. 109, P. R. A. 0. maybe added in appeal cases bj' sug'trestion, (See "Death," " Api'KLlaxt," "Rkspondent,") p. 190, S. C. R. 30. Interpretation of word, p. 199, S. C. R. 77. Corporations, p. 219, E. C. R. 10. partners, p. '.'20, E. C. R. 17. husband and wifa, p. 220, E. C. R. 19. infant, p. 220, E. C R. 20. lunatic or person of unsound mind interdicted, &c., p. 221, E. C. R. 21. person of unsound mind, not interdicted, &c. , j). 221, E. C. R. 22. defendant out of jurisdiction, p. 221. E. C. R. 23. enforcing order by or against jjcrson not party in an action, p. 209, E. C. R. 180. no abatement of action by reason of death, marriage or insol- vency of, p. 273, E. C. R. 202. adding in case of death, marriage, or insolvency of, p. 273, E. C. R. 203. INDKX. 31^9 TAKTIES,— Continued. order to add, when .and how obtained, p. 273, E. C. 11. 205. service of order, and effect of, 274, K. C. R. 20(5. applications to discharge or vary order adihni:. p. 274, E. C. K. 207-S. interpretation of word, p. 2S7, E. C. R. 200. PARTNERS, service on, p. 220. E. C. R. 17. PATENTS, of invention, under exclusive control of general government, p. 73, B. N. A. 91, (22). See " Lktter.s Patkst." PAYMENT OF INTEREST, to Nova Scotia and New Brunswick, p. 80, B. N. A. IIC. under Union Act, or in discharge of liabilities of late Provinces ivssumed by Canada, how made, p. 81, B. N. A. 120 PAYMENT INTO COURT, proceedings on, p. 197, S. C. R. 06. out of court, order must be obtained for, p. 197, S. C. R. 67. to be by check of Registrar countersigned bv u judge p. 197, S C. R. 68. into Exchequer Ct., j>. 275, E. C. R. 24. out of, p. 276. E. C. R. 212-3. St't' "Money." PENALTIES AND FORFEITURES, jurisdiction of E.xchequer Court as to, \>. 134, E. C. R. 58. PENALTIES AND IMPRISONMENT, in Provinces, p. 75, B. N. A. 92, (15). PENITENTIARIES, under exclusive control of general government, p. 73, B. N. A 91, (28). PENITENTIARY AT KINGSTON, to be the penitentiary for Ontario and Quebec, until parliament otherwise provides, p. 86, B. N. A. 141. PENSIONS OF JUDGES, .See " Judges. " p.:rishable property, may be sold by order of court appealed from, p. 127, S. C. A. '.i6 PERJURY, witness giving false testimony guilty of, p. 153, S. C. A. A. 2. sec. 2 of S. C. A. A. as to perjury committed out of Canada amended, p. 329. no infcnnality in affidavit, &c., to defeat indictment for, p. 157 S. C. A. A. 15. ■ f , PETITIONS, the Court or two judges to report on any petition referred by Senate or House of Commons, p. 132, S. C. A. 53. to be set down two days before hearing of, p, 276, E. C. R. 215. Attorney-General, Plff. , or Petitioner may without leave Berve any, on defendant not answering, p. 278, E. C. R. 223. PETITIONER, interpretation of word, p. 287, E. C. R. 260. 390 INDEX. i PETITIONER,— Co«^NU, 172, P. R. A. 19. petitions under repealed Act to be entitled in Exchequer Court, p. 173, P, R. A. 20 " Rehef," meaninjf of word, p. 173, P. R. A. 21. " Court " meaning' of, p. 173, P. R. A. 21. " Jud>,'e," meaninir of, p. 173, P. R. A. 21. short title of, p. 173, P. R. A. 22. PIERS, the pro|)erty of },'eneral Government, p. 79, B. N. A. 108. PLAINTIFF, to deposit certified copy of pleadinj,'s wi^h acting Registrar, in cases tried elsewhere than in Ottawa, p. 323 PLEADING, containing more than 3 folios to be i>rinted, p. 218, E. C. R, 9. under 3 folios may be either written or printed, p. 218, E. C. R. 9. printing of, in certain style, p. 218, E. 0. R. 10. in ca.ses of urgency Registrar may permit written copy of to be filed, p. 218, E. C. R. 11. printed copies of, to be furnished other party upon payment, p. 218, E. C. R. 12. in petitions of right how regulated, p. 223, E. C. R. 28. in actions in E.vcliequer Court, to conform to system in use in High Court of Justice, p. C 'j, E. C. R. 30. what every pleading shall u. n.cain, p. 224, E. C. R. 32. need not be signed by cov iisel, p. 224, E. C. R. 32. forms of pleadings, p. 224, E. C. R. 32. every, to be filed, p. 225, E. C. R. 33. INDK.X. 303 220. E C. H. 38. witii previiHH plead* PLEADING— C«/»^■/i»C(/. copy of, to be Horved, p. 22r), E C. K. 31. how to he entitled, p. 22r., K. »'. H 34. in iihutenient, disallowed, p. 22.''>, K. V. H. 3ri. adnnttiiij; ny not den>inK, p- 22.'>, K. i'. K. 30. n)ust alle^fc all facts, p. 22.'j, E. C. U. 37. shall not raise any new ground of t-laini, p. or contain allegation of fact, inconsistent Ings, p. 220, E. C. U. 38. except i)y way of amendment, p. 226, E. ('. It. 38. defendant must deal speciflcally with each allegation of fact, p. 220, i:. (.'. U. 39. in reply, j). 220, E. C. R. 40. issue may he joined hy, p. 220, E C. R. 40. must answer point of sul)stance, p. 227, E. ('. U. 41. effect of contents of any document maybe stated Im, p. 227, E. C. R. 42. notice may he ailej^od as fact, p. 227, E. C. R. 43. implied contract or relation between parties niav he alleged ai a fact. |). 227. E.C. R. 44. l)luralitv of contracts or relations imi)Iicd may be alleged in alter- native, p. 227, E. C. R. 44, presumptions of fact need not be alleged in, )). 228, E. C. R. 45. matters arising i)en(litig action maybe i>leaded before statement of defence delivered, j). 228, E. (J. R. 40. and afterwanls hy leave of Court or .Judge, p. 228, E. C. R. 47. an admission of such defence maj- be delivered, p. 229, E. C. R. 48. and Judgment for costs up to time of pleading such defence, p. 229, E. C. I{. 48. form of such iidmission, )>. 229, K. C. Ti. 48. first pleading by defendant to be termed Htafenient in defence, p. 229, E. C. R.'49 defence not to be withdrawn without leave, p. 229, E. C. R. 60. reply, p. 230, K. C. R. .'Jl. to be filed in one month after tlefence served, p. 230, E. C. R. 62. unless time extended, j). 230, E. C. R. .')2. subsequent to reply, when to be filed, j). 231, E. C. R. 54. pleadings closed, wiien issue joined, p. 231, E. C R. 55. issue, p. 231, E. (!. H. .")0. amendment of pleadiny^t, may he allowed at any stage, p. 231, E. C. R. 67". application to disallow amendment in, p. 232, E. C. R. 59. application to jilead anew or amend pleading, p. 232, E. C. R. 60. how amendment to he made, p. 233, E. C. R. 02. amended pleading to he marked with date of order and amend- ment, p. 233, E. C. R. 04. service of amended pleading, p. 234, E. C. R. 05. demurrers {See '* De.muiirer"), p. 234, E. C. R. 00. no amendment in pleading while demurrer pending without leave, \\ 230, E. C. R. 73. default of pleading (See " Default"), p. 237, E. C. R. 80. printed copy of pleadings to be furnished four days before trial, p. 253, E. C. R. 129. »Sa2S*arit n 394 INDEX. PLEADING,— Cf;H^H!«'d. appliuation for order upon admissions of fact in pleading, p. 261, E. C. R. 155. Ion}? vacation, pleas not to be amended or delivered in, p. 286, E. C. 11. 253. time of, not to be reckoned for filing, amending, or serving, p. 285, E. C. R. 254. certified copy of pleadings to be deposited with acting Registrar in cases tried elsewhere than in Ottawa, ]>. 323. POLLOCK, C. B., judjfinent of, in Attorney-General v. Hailing, p. 15, 1. POPULATION , of respective Provinces to be distinguished in next census, p. 64, B. N. A. 8. See " Census." POSSESSION, writ of, judgment for recovery or delivery of land enforced by. p. 2(J4, E. C. R. 169. writ of, governed by practice heretofore in use in actions of eject- ment in Superior Courts of Common Law in England, p. 272, E. C. R. 15)9. may be sued out, when, p. 272, E. C. R. 200. affidavit of service of judgment an .1 that same not obeyed to be first filed, p. 272, E. C. R. 200. POSTAGE, on transmission of original documents to be paid by appellant, p. 184, S. C. R. 10. POST OFFICES, unless ?et apart by Parliament for Provinces are property of general Government, p. 79, B. N. A. 108. POSTAL SERVICE, under exclusive control of general Government, p. 72, B. N. A. 91 (5). POUNDAGE, party entitled to execution may levy, p. 266, E. C. R. 177. POWERS OF PARLIAMENT, 5ee " Parliament." PRIVILEGES, of Parliament, p. 56, B. N. A. 18. provision as to, in 38-39 Vict. cap. 38 Imp., p. 110, P. C. A. 1. PRACTICE, Pleadings in Exchequer Couit to conform to system in use in High Court of Justice, p. 224, E. C. R. 30. of High Court of Justice, to be followed when no other provision is made, p. 286, E. C. R. 258. See "Pleading," " High Court op Jubticb." PRECIS WRITER, to rep irt decisions of Supreme and Exchequer Courts, p. 137 S. C. A. 71. to act as Secretary of Judges, p. 137, S. C. A. 71. INDEX. 395 PREROGATIVE, saving clause, as to H. M.'a, p. 129, S. C. A. 47. nothing in Petition of Right Act to limit or prejudice, p. 172, P. R. A. 19. PRESUMPTIONS, of fact, need not be alleged in pleading, unless specifically denied p. 228, E. C. R. 45. PRINCE EDWARD ISLAND, Jurisdiction of Supreme Court of, p. 35, I. may be admitted into Union, p. 87, B. N. A. 146. entitled to 4 members in Senate, 2 from number now allowed Nova Scotia, and 2 from New Brunswick, p. 87. B. N. A. 147. (Entered Union 1st .luly, 1873. documents relating to admission in, Can. Statutes 1873, p. IX.) when case in criminal and habeas corpus appeals from, to be filed, p. 192, S. C. R. 48. when notice of hearing in such appeals to be served, p. 193, S. C. R. 49. time for filing defence when defendant resides in, p. 223, E, C. R. 27. PRINTING, case in Appeal, p. 183, S. C. R. 7 and 8. of factum, p.' ,S. C. R. 25. pleadings in Exchequer Court cases, p. 218, E. C. R. 9 and 10. See " Pleadings," " Case," "Factum." PRISONS, in Provinces under their exclusive control, p. 74, B. N. A 92. (6) PRIVATE BILLS, the Court or two Judges to report on any private Bills referred by Senate or House of Commons, p. 132, S. C. A. 53. PRIVY COUNCIL, proceedings in Appeals to be as nearly as possible in conformity with present practice of Judicial Committee of, unless other- wise provided, p. 123, S. C. A. 24. PRIVY COUNCILLORS, appointed, sworn and removed by Governor General, p. 54, B. N. A. 11. PROCEDURE, in Crown suits, Act to amend, p. 19, I. in various Courts of Province of Quebec, defined by code of Civil Procedure, p. 25, 1. of Courts in Ontario and Maritime Provinces, may be assimilated, p. 71, B. N. A. 90. in criminal matters, under exclusive control of general Govern- ment, p. 73, B. N. A. 91. (27) in special cases uf controversies between Dominion of Canada and any Province, and between any two Provinces, to be in Ex- chequer Court, p. 153, S. C. A 55. in Supreme Court to be as nearly as possible in conformity with practice of Judicial Committee of Privy Council, unless other- wise provided, p. 123, S. C. A. 24. n 396 INDEX. I PROCEDURP:. -Continued. in ExclKjquer Court to be resrulated by practice and procedure of H. M.'s ("ourt of Exchequer at Westminster on its revenue side, unless otherwise provided, p. 184, S. C. A. Gl, English Procedure to be followed in petition of rij^ht cases, in default of other provision, p. 170, P. R. A. 14. See " Riles," " Puactice," " Hiofi Court of Justicr." PROCESS. of F^xchequer Cnurt, to be tested in name of Chief Justice, p. 1^0, S. C. A. m. to whom directed, p. 135, S. C. A. 66. of Supreme (Nnirt shall run throughout the Dominion, tested in name of Chief Justice, to be dirtcted to like officers and obeyed in like manner a.s Process of Exchequer Court, p. 135, S. C. A. 75. PROCLAMATION, brinj-ini,' S. C. A. into force as respects appointment of Judges, etc., and organization of Court, p. 143. ai)pointing time for exercise of judicial functions of Court p. 145. to issue for above puri)o.ses, p. 139, S. C. A. 80. PROCTORS, of any of Superior Courts, to have right to practice in Supreme or Kxchequer < ourts, p. 1.38, S. C. A. 77. to be officers of Sur)reme and Exchequer Courts, p. 138, S. C, A.78. PRODUCE, and manufactures of a Province, admitted free throughout Can- ada, p. 81, B. X. A. 121. PRODUCTION, of i)apers at examination, directions touching may be given, p. 152, S. C. A. A 1. order for, when and how obtained, p. 241, E. C. R. 94. forin of affidavit on. p. 242, E. C. R. 95. notice to jiroduce mavbe given at any time before or at hearing, p. 242, E. C. R. 97.' form of notice to produce, p. 243, E. C. R. 98. notice of production for in.spection to be given and when, p. 243, E. C. R. 99. PROMISSORY NOTES. under exclusive control of general Government, p. 73, B. N. A. 91 (18). PROPERTY, of Provinces, j>. 80, B. N. A. 117. belonging to Canada or Provinces not liable to taxation, p. 81, B. N. A. 125. judgment for recoverv of, other than land or money, how en- forced, |i. 2(55, E. C.'R. 170. PROSEC;UTIUN, of appeal See ' ArPF.xh." dismis.sing action for want of, p. 239, E. C. R. 84. petitioner or plaintiff not complying with subpoena or order for examination, &c. , liable to have action dismissed for want of, p. 244, E. C. R. 103. i INDEX. 397 PROTESTANT SCHOOLS, See " Education.'" PROVINCES, coiitrover-sies between two, jurisdiction as to, )>. 132, S. C. . ,, 54. or between any Province and Dominion, p. Wil, S. C. A. 54. procedure in j)Uch controversies to be in Kxcliequer Court, p. 133, S.C. A. 55. PROVINCIAL PROPERTY, See " PRorKiiTV.' PUBLIC DEBT, and propert}', under exclusive control of general Government, p. 72, B. N. A. 01 (1). PUBLIC LANDS, and tini!)er in Provinces, under their exclusive control, p. 74, B. N. A. 1)2. (5). PUBLIC OFFICERS, permanent or temi)orary, save ministers and others, are inelit^i- bie for Commons, p. Gl, B N. A. 41. or Legislatures of Provinces, Gl), B. N. A, 83. PUBLIC WORKS, enumerated in 3rd Schedule, B. N. A., belong to Canada, p. 79, B. N. A. 108. QUALIFICATION, of Senators, p. 57, H. X A. 23. of Legislative Councillors, p. 08, B. N. A. 73. of Members of Commons, i>. Gl, B. N. A. 41. questions arising thereon, p. 68, B. N. A. 76. QUARANTINE, under exclusive control of General Government, p. 72, B. N. A. 91 (11). QUASHING PIIOCEEDINCS, bv Supreme Court, wliere appeal does not lie, or brought in bad faith, p. 127, S. C. A. 37. QUEBi:. GS, B. N. A. 72-8 Legislative Assembly, p. (}',), B. N. A. 80. to be called togetlier from time to time, p. 69, B. N. A. 82. at least once ui 12 months, {). 70, B. N. A. 86. office holders ineligible for, j). 69, B. N. A. 83. duration of, p. 70, H. N. A. 85. provisions as to speaker, quorum and mode of voting, p. 71, B. N. A. 87. <( •< . 262, E. C. R. 160. power of Registrar or other officer in conduct of, p. 262, E. C. R. 161. report on, filing of, p. 263, E. C. R. 164, ap|)eal from report, p. 203, E. C. R. 165. EGISTRAil, to certify judgment of Sujireme Court in appeal to proper officer of original jurisdiction, p. 129, S. C. A. 46. mvist be a barrister of at least five years standing, p. 136, S. C. A. 69. to reside at City of Ottawa, p. 136, S. C. A. 69. salary of, p. 136, S. C. A. 69. to give notice in Canada Gazette of the adjournment of any Ses- sion of Supreme Court, j). liil, S. C. A. 14. to certify to Speaker of H. of Cammons, judgment in election cases, "129, S. C. A. 48. fees jiaid, to be in stamps, p. 137, S. C. A. 72. the examination of any person may be ordered before, p. 162, S. C. A. A 1. to certify order directing payment of costs in election appeals to Court in which petition filed, p. 157, S. C. A. A. 16. any matter may be referred to by Exchequer Court for purpose of taking accounts and making enquiries, p. 158, S. C. A. A. 20. case to be filed in office of, p. ISl, S. C. R. 1. 25 copies of case to be deposited with, p. 183, S. C. R. 7. not to file case without leave if not properly printed, p. 183, S. C. R. 9. I 1 INDEX. 401 2. ipreme C. R. C. R. J(,EG[HTRAR,~Contimted. certified copies of <)riji,'ina1 ilDcuments ajul exiiibits to he deposited with, p. 184, S. C. R. 10. to puhlisli notice convening Court in Canada Gazette, p. lS4, S. C. R. 12. agent's booiv to he kept in office of, \\ 185, S. C. K. 1\v m ly elect to appear by attorney or so, iciior in appeal, p. 186, S. C. R. 1!). in \vhich case attorney or .solicitor to file sugj-estion, p. 186, S. C. R. 19. appearing in person miy elect domicile, p. 186, S, C. R. 20. service of papers on, appearing in jierson and not electing domi< cile, p. 186, .S. C. It. -21, miy move to dismiss appeal when factum not deposited in proper time, p. 188, S. C. R. 26. in electiun appeals, entitled to 10 copies of printed record, upon payment p 193, S. 0. \i. 52. not required to give notice of motion by way of cross appeal, p, 195, S. C. R. 61. shall uive notice of intention to contend that decision of Court be- low should be varied, p. 195, S. C. R. 61. such notice to be one month's, p liKJ, S. (J R. 62. to deposit factum on cross aj)peal within two days after gfiving notice, ]). 196, S. C. R. 63. RETURNING OFFICERS, p. 61, B. N. A. 42. REVENUE, debts, assets and taxation, p. 77, B. N. A. 102. REVENUE CAU.SES, proced\ire in, to be according to i)ractioe of Exchequer Divisio of High Court of Justice in Eiigland, p. 216, E C. R. 1. except where cause of action arises in Province of Quebec, p. 216, E. G. R. 1. or where otherwise provided by rules or S. C. A., p. 216, E. C. R. 1. interpretation of words, p. 287, E. C. R. 260, " of words "non-revenue causes," p. 287, E. C. R. 260. writs in— Sea " Writs." REVERSAL, of judgment, respondent may consent to, p. 127, S. C. A. 40. RIVERS, and Lake Improvements, the property of General Government, p. 79, B. N. A. 108. ROM.\N CATHOLIC SCHOOLS, p. 75, B. N. A. 93.— See " Education." ROYAL ASSKNT, to Uil'.s, &c., by Governor General, p. 64, B. N. A. 55. or by Lieutenant Governor, p. 71, B. X. A. 90. or Bill maybe reserved, p. 64, B. N. A. 55. cojjies of Bills assented to, transmitted to Colonial Secretary and may be disallowed within two years, p. 64, B. N. A 56. a Provincial Act must be disallowed within one year, p. 71, B. N. A. 90. 26 z 404 INDEX. ROYAL INSTITUTION, Joint property of Ontario and (Quebec, j). 7i), B. N. A. 113. ROYALTIES. mines &c., belong to respective Provinces, p. 70, B. N. A. 109. RULE, to 8bow cause, none to be (granted unless expressly authorized by Rules, p. 277, E. C. R. 218. RULES AND ORDERS, refruliitiii),' practice on Revenue side of the Exchequer in Enj?- laiid p. 19, I. rejfulatinj,' i)rocodure in Crown suits, p. 19, I. may bo made by judtjes of Su|)reme Court or any Ave of them, p im, S. C. A. 79. may be altered or amended, p. 138, S. C. A. 79. c<)i>ies t'f. to be I;iid before Piirliamcnt, p. 138, S. C. A. 79. judges cf Supreme Court may make for carryinjf out purposes of S. C. A. A., p. 102, S. C. A. A. 37. jud<(es of Supreme Court may make for rejfulations petition of riybt cases, j). 170, P. R. A. 14. to what sueb may extend, ]>. 170, P. R. A. 14. copies to be laid before Parliament, p. 170, P. R. A. 14. non-compliance \vith, does not render proceedings void, p. 286, E. C. R. 257. applicable to causes in which cause of action arises in Province of Quebec, p 288, E. C. R. 261. Exchequer Court rules made applicable to petitions under Peti- tion of Right Act, 1876, p. 288, E. C. R. RUPERT S LAND, may be admitted into the Union on address from the Houses of Parliament of Canada, p. 87. B. N. A. 146. RUTLAND, Statute of, (10 Ed. 1.) p. 11, L SABLE ISLAND, under exclusive control of General Government, p. 72, B. N. A 91 (9). SALARirS. of Governor General, p. 78, B. N. A. 10.5. of Lieutenant Governors, p- 66, B. N. A. 60. of Judges, fixed by Parliament, p. 77, B. N. A. 100. of Civil and other officers of Government of Canada, under es elusive control of General Government, p. 72. B. N. A. 91 (8). of Provincial officers, under exclusive control of Legislatures, 74, 92 (4). of .Judges of Supreme Court, and how payable, p. 118, S. C. A. of Registrar, Clerks, &c., p. 136, S. C. A. 69. SALOON AND SHOP LICENSES, See " LiCKNSES." SAVING'S BANKS, under exclusive control of General Government, p. 73, B. N. 91 (16). INDEX. 405 (1), B. N. A. 113. p. 70, B. N. A. 109. 8 exjiressly authorized [le Exchequer in Enj?- >. J- •t or any five of them, A. 79. . 138, S. C. A. 79. arryiuj? out purposes of regulations petition of L. 14. 3, P. R. A. 14. n-occedings void, p. 28ft, lotion arises in Province to petitions under Peti- Iress from the Houses of 146. 'ernment, p. 72, B. N. A. 5. L. 60. }. N. A. 100. lent of Tanada, under ex- nt p. n. B. N. A. 91 (8). jontrol of Legislatures, p. payable,?. 118,S. C. A.6. A. 69. >vernment, p. T6, B. N. A. 8CHEDULFS, Electoral Districts of Ontario, p. 89. B. N. A. Sch. 1. 12 Electoral Districts of (^uel)ec, not to he altered unless a major- ity of members representing same vote for the Bill, p. 69, and 95, B. N. A. Sch. 2. Provincial woriis and property, the proj)erty of Canada, p. 96, B. N. A. Sch. 3. Assets, property of On'ario and Quebec, j). 96, B. N. A. Sch. 4, Oath of allegiance and declaration of qualiflculion, p. 97, li. N. A. Sch. 5. to Supreme Court Rules, notice convening special Sesaiou, p. 200, S. C. R Sch. A. notice of hearing of appeals, p. 200, S. C. R. Sch. B. Tariff of fees to be |)aid Kegistrar, p. 200, S. C. R. Sch. C. Tariff of costs, p 201, S. C. R. Sch. D. to Exchequer Court Rules, commencement and conclusion of in- formation, p. 290, E C. R Sch A statement of claim, p 2i>l, E. «\ R. Sch. B. endorsement on information or statementof claim, p. 292,E. C. R. Sch. C. notice to defend int not to be found p. 293, K. C. R. Sch. D. pleadings, 2)4, E C. R Sch. E. admission of defence arising pending action, p. 297, E. C. R. Sch. F. Donnirrer, p. 297. E. C. R Sch. G. projcipe .setting down demurrer, j). 298, E. C R. Sch. H. affidavit on |)rtiduction, p. 2J8 E. C. R. Sch. I. notice to jiroduce, j). 2i)9, K. ('. II. Sch. K. notice of production for inspection, p. 3J0, E. C. R. Sch. L. notice to admit, p. 3Jl. E. C. R. Sch. M. projcipe for entering siecial case for argument, p. 303, E. C. R. Sch. N. judgments, p. 303, E. C. R. Sch. O. writs oi fieri facias, p. 3U6, E. C. R. Sch. P. writ of oenlitioni exponas, p. 308, E. C. R. Sch. Q. writ of .sequestration p. 3u9, E. C. R. Sch. R. writ of tlehverv, i>. 310, K. C. R. Sch. S. tariff of costs, p. 312, E. C. R. Sch. T. tariff of fees and allowances to witnesses, p. 316, E. C. R. Sch. U. subpoena to witnes.ses, p. 317, E. C. R. Sch. V. Sheriff s tariff, &c.. p. 317, E. C K. Sch. VV. tariff of fees to be paid Registrar, p. 320, E. C. R. Sch. X. . SCHOOLS AND EDUCATION, (See Education) p 75, B. N. A. 93- SCIRE FACIAS. for annulling Letters Patent in Province of Quebec, p. 27, I. not necessary to compel answer by third parties .served with petition, p.* 169, P. R. A. 6. SEALS. of Ontario and Quebec, p. 85, B. N. A. 138. SEA COAST A>fD 1NL\ND FISHERIES, under exclusive control uf General Government, p. 73, B. N. A. 91 (12). rs 'I i 406 INDEX. SECRETARY OF STATE, IM'titiuii of rk'ht to l>c left with, p. 168, P. R A. 8. to entitle petitions filed under Uepeuled Aet in Exeliequcr Court, I) 173, v. R. A. 20. SECURITY, givin^r security and obtaining' allowance of appeal suffloient for hrin^iiij,' any a|)peal, |). 1"23, S. C. A. *28. to extrnl of .'jaOO to 1)0 jfiven by ap|iellant, p. 124, S. C. A. 81, exoe])t in habeas corpun ciiHe«. p. 124, S. (J. A. 31. " election ciises, p. 124, S. (J. A. 31. " and ex cliefjuer cases, p. 130, S. C. A. 68. in election cases, p. 12!>. S. C. A. 48. in exchequer casi's, ]>. 130, S. C A. 08. upon perfecting, execution stayed in original cause, p. 124, S. C. A. 32. oxce|)tions, in which execution not stayed by givinjf, unless fur- ther requirements complied with : 1. If jud^fnu-nt orders delivery of documents or personalty, p. 124, S. 0. A. 32 (1). 2. Or execution of a conveyance, &c., p. 125, S. C. A. 32 (2). But if court appealed from is a (Jourt of Appeal, the dejiosit of as.signnient, conveyance, &c., with officer of court in which cause orifj;inated sutlicient compliatice with requirements of sec. 32 (1 and 2), ]>. 125, S. (!. A 32 (3). 3. If judt^nient directi side, kc , of realty, then further security required, p. 125, S. C. A. 32 (4). 4. If jnuj^ment appealed from directs payment of money as a debt, &e., further security to bejfiven, |i. 125, S. 0. A. 32 (5). maybe ;^iven under .Sec. 3i, by same iii.strument whereby secur- ity givtai under Sec. 31. j). 120, S. C. A. 32 (0). when perfected and allowed fiat to issue to sheriff to stay cxecu- ti(m, p. 120, S. C. A. 33. certificate of uiviti!,' <'^ to accompany case, p. 183, S. C. R. 6. a copy of bond or instrument by which given to be annexed t( certificate, p. 183, S. ('. R. 0. for costs, when to be given in Exchequer cases, p. 280, E. C. R. SENATE, a branch of the Parliament of Canada, p. 56, B. N.JA. 17. consists of 72 members, j). .50 B. N. A. 21. apportionment of Senators, p. 50, B. N. A. 22. Governor Oeneral appoints 24 and tills vacancies, p. 59, B.N. A. 3! additional members by Queen, p. 58, B. N. A. 26. number not to exceed 78, p. .58, B. N. A. 28. except in case of admission of Newfoundlajid, p. 87, B. N. A. 14' Queen fills vacancies when Senate above 72. p. .58, B. N. A. 27. determin* s all questions of qualification and vacancy, p. 50, N. A 33. questions in, how decided, p. 69, B. N. A. 30, SENATORS, appointed for life, p. 58. B. N. A. 29. normal number, 72, p 50, B. N. A. 21. from Quebec, what to represent, &c., p. 56, B, N. A. 22, * qualifications, p. 67, B, N. A, 23, INDKX. 407 . 11 A. 8. t In Exchequer Court, )f appeal Huttlnient for it, p. 124, S. C. A. 81. . A. 31. !. A. 6b. rlRiiml cauHC, p. 124, by giving, unless (ur- ents or personalty, p. 125, S. C. A. 32 (2). Appeal, the dei)08it of leer of court in which B with requirenientH of , then further security )avment of money as a |.: 125, S. C. A. 32(5). itrunient whereby secur- i. 32 (0). to sheriff to stay execu- se, p. 183, S. C. R. 6. given to be annexed to r cases, p. 280, E. C. R. p. 56, B. N.JA. 17. Jl. A. 22. aoancies,p. 59, B.N. A. 32. N. A. 26. A. 28. dland.p. 87, B.N. A. 147. B 72 . p. 58, B. N. A. 27. n and vacancy, p. 59, B. A. 36. ). 56, B. N. A. 22. i SENATORS, -Cnntinued, iMU-it r(;sid»! in I'ptviueo fr»r whii;h appointed, p. .'i7, H. N. A. 23(5). nindo of nuinMioiiiii;r, p. 58, It. N. .\. 24. iiHjii'^ibU- for Coiniuo'-H, p .'"►8, H. N. A 30. sworn in, fn\, lieforo taking seat, p. 82. H N. A. 128. SEQUESTR\TI().\, writ of, to fhforco payment of Uionny, p. 2(t4, V, (,'. R. 1(17. payment into court may be ei. forced hy, p 2«U, E. (!. R. 108. juduuient for recovery of property other tliun land or money may lie enforced by. p. 265. E. (.'. R 170. may issue without order a'-'ainst estate and efToits of person not obtiving order, in certain cases, p. 271, E. C R. li)0. form of. p. 271, K. (J R. 1!>7. effect of, p. 271. E. C. R. 197. proceeds of, dealt with according to practice of High Court of Justice, 1). 271 E. C. R. 197. court or judge may order proceeds of, to be sold, p. 272, E. C. R* 198. SERVK^E, of Petitions of Right on Attorney General, how effected, p. 168, R R. A. 4. of petitions on other parties affected, p. 109, P. R. A. 0. of notice of hearing, when to l)c made, p. 185, S. C. R. 14. how to l)e in;\d(!, p. 18.5, S. O R. 15. of papers on attorney or solicitor of respondent, p. 180, S. C. R. 19, of papers at el cted ilomirlle, j). 186, S. (.'. R. 20. bv atlixinir papers in Re-jistrir's office, p. 186, S. •'. R. 21, of Petitions of Right, how effected, p. 219, E. C. R. 13. of information, by office copy, p. 219, E. (.'. R. 14. of statement of claim, by office copy, p. 219, V,. C. R. 14. of information or statement of claim, to be personal, p. 219, E. C. R. 1.5. exce])t where otherwise provided, p. 219, E. 0. R. 15. not necessary to ])rodnce original, p. 219, E. C. R. 15. in respect of partnership liability, p. 220, E. C. R. 17. Sui)stitutional, p. 220, E. (.'. R. 18. on husl)and and wife, p. 220, E. C. R. 19. on lunatic or person of unsound mind, interdicted, &c., p. 221, E. C. R. 21. on perse i of unsound mind, not Interdicted, &c., p. 221, E. C. R. 22. on defetjdant, out of jurisdiction, p. 221, E. C. R. 23. on defendant, not to be found, p. 222, E. 0. R. 24. of amended plearlings, p. 234, E. C. R. 65. of demurrer, p. 234, E. C. R. 08. ot order nisi for new trial, p. 25(5, E. C. R. 1.39. of papers, by affixing them in office of Registrar, p. 281, E. 0, R. 235. SESSIONS, of Supreme Court, two annually, third Monday in January and first Monday in June, p. 121, S. C. A. 13. any session may be adjourned, p. 121, S. C. A. 14. notice of adjournment, p. 121, S. C. A. 14. 408 INDEX. .1 SESSIONS.- Co-itivued. special, may be convened, p. 121, S. C. A. 14. notice convening special session, p. 184, S. C. R. 12. hearing- may be postponed until any d ly during same or any following .session, p. 189, S. C. R. :l3. motions me to be called on each morning of session, p. 191, S. C. R. 43 any session may be adjourned until quorum present, p. 198, S. C. R. 73. SHERIFF, uionev levied bv, and not i)aid over before fiat to be repaid, p. 126, S. C. A. 3.5. venire facias may be issued to, to summon jurors, p. 135, S. C. A. 65. of the County of Carlton, to be ex-officio an officer of the Su- preme Court, p. 32i). to beex-officioanofficer of the Exchequer Court, p. 135, S.C.A. 66. process of Exchequer Court may be directed to Sheriff of any County or other judicial divisinn, p. 135, S. C. A. 66. when disqualified, process may be directed to Coroner, p. 135, S. C. A. 66. to take such fees as Judges of Exchequer Court shall by general order fix and determine, p. 136, S. C. A. 67. may adjourn sittings of Court, if Judge unable to attend, p. 251, E. C. R. 120. direction to, endorsed on writ of execution, p. 267, E. C. R. 179. laws to be followed bv in selling or advertizing lands, p. 270, E. C. R. 193. tariff of fees and poundage payable to, p. 317, E. C. R. Sch. W. attending trials elsewhere than in Ottawa, fees to, p. 324. to certify- account of expenses, p. 324. form of certificate, p. 324. SHIPPING AND NAVIGATION, under exclusive control of General Government, p. 73, B. N. A. 91 (10). SHORTHAND REPORTER, expenses of taking examinatio's by, not exceeding 30 cents per| folio, mav be taxed, 315, E. C. R. Sch. T. SIGNIFICATION, of Royal pleasure to Bills, p. 64, B. N. A. 56-7. SITTINGS, of Supreme Court. See " Sbssions." of Exchequer Court, p. 2.33, E. C. R. 62. SOLICITOR GhNERAL- QUEBEC, See "Attorney Gkxkr.\l." SOLICITOUS, of any of Superior Courts in any Province tice in Supreme and Excliequer Courts, p. all who practice in Supreme or Exchequer Courts, to be officer of such Courts, p 138, .^. C. A. 78. Solicitor of party in Court below to be Solicitor in appeals, ui less suggestion filed or order changing Solicitor made, p. li S. C. R. 18. have right to prad 138, S. C. A. 77. «l INDEX. 400 nunent, p. 73, B. N. A. SPEAKERS, of Senate, p. 5J), B. N. A. 34. votes in all cases, p. 59, B. N. A. 36. of House of Couunons, p. 62, B. N. A. -14-9. (By 31 Vic. c. 2, Speaker may call on a member to take the chair), of Assemblies of Ontario and Quebec, p. 71, B. N. A. 87. of Legislative Council, Quebec, p. 68, B. N. A. 77-9. may be a member of Executive Council, p. 66, B. N. A. 63. SPECIAL CASE, appeals to be ujwn, p. 122, S. C. A. 18. Supreme Court sliall draw inferences of fact from facts stated in, p. 122, S. C. A. 18. referred to the court by Governor in Council, p. 132, S. C. A. .'•2. Court shall certify their opinion thereon to Governor in Council, p. 132, S. C. A. r»2. Minoritv of Court may also certify their opinion on, p. 132, 3. C. A. '52. parties may state questions of law in form of, after information, petition or statement of claim filed, p. 247, K. C. R. 111. how such prepared and what to contain, j). 247, E. C. R. 111. Court or Judge may direct any question of law to be raised in form of, p. 247, E. C. R. 112. by whom and how printed and filed, p. 248, E. C. R. 113. printed copies for use of Court, p. 248, E. C. R. 113. affecting married women, infants, &c., not to be set down for argument without leave, p. 248. E. C R. 114. encered for argument bv delivering projcipe, p. 248, E. C. R. 115. foim of proecipe, p. 248, E. C. R. llf). •Judge to sit in open Court c» ery I\Iondav for hearing argument of, p. 276, E. C. R. 214. to be set down two days before hearing, j). 276, E. C. R. 215. SPECIAL JURISDICTION OF EXCHEQUER COURT, 1. In controversies between Dominion and any Province. 2. In controversies i)etween any two Provinces, p. 132, S. C. A. 54. of Supreme Court, in suits, &c., in which validity of an Act of Pari" nient of Canada shall be questioned. 2. When an Act of Provincial Legislature questioned, p. 132, S. C. A. 54. See "Jurisdiction." STAMPS, to be taken by Registrar in payment of fees, p. 137, S. C. A. 72. fees in Supreme Court to be paid to Registrar in, p. 194, S. C. R. 56. STATEMENT IN DEFKNCE, to Petition of Right, when to be filed, p. 169, P. R. A. 5. what defences it may raise, p. 169, P. R. A. 7. See "Defe.vce." STATEMENT OF CLAIM, suits other than by Attorney General, or Petitions of Right to be instituted by, p. 217, E. C. R. 7. tl 410 INDEX. i STATEMENT OF CLAIM. -Continued. form of, p. aJl, E. C. R. Sch. B. to conform to, mode of pleading' in use in High Court of Justice, p. 217, E. C. R. 7. office co|>}- of, to lie served on defendant, p. 219, E. C. R. 14. form of endorsement on, p. 219, E. C. R. 14. service of, to be personal, p. 219, E. C. R. 15. except where otherwise provided, p. 219, E. C. R. 15. not necessary to produce original at time of service, p. 219, E. C. K. 15. service of, upon a Corporation, p. 219, E. C. R. 16. ui»on parties >-ued in respect to partnership liability, p. 2-^0. E. C R. 17. on hu.sband and wife, p. 220, E. C. R. 19. on iniant, j). 220, E. 0. R. 20. on lunatic or person of unsound mind, interdicted, &c., p. 221, E. C. R. 21. on person of unsound mind, not interdicted, p. 221, E. C. R. 22. on defendant out of jurisdiction, p 221, E. C. R. 2.3. on defendant, not to be found, p. 221, E. C. R. 23. no appearance to required, p. 22;}, E. C. R. 26. filing statement in answer, demurrer or other defence to be first step in defence to, p. 223, E. C. i.. 26. amendment of. Court or Judge may allow or order at any stage, p. 231, E. C. R. 57. may be amended without leave before defence, and on :ie before reply, p. 232, E. C. R. 58. eff ct of allowing demurrer to whole of, p. 236, E. C. R. 74. or to part, p. 236, E. C. R. 75. STATUTES CITED, 10 Ed. I., p. 11, I. 33 Hv. VIII., c. 39, pp. 12-30, I. 13 Eliz., c. 4, p. 34, I. 5 Vic, c. 5, p. 13, I. 5-6 Vic, c, 66, p. 18, 1. 22-23 Vic, c. 24, p. 19, I. 24-25 Vic, c 92, p. 19. I. 28-29 Vic, cl04, p. 19, I. 34 i;eo. III., c 2, (U. C), p. 20, I. 12 Vic, c. 63, (U. C.),p. 21, I. 20 Vic, c 56, (U. C), p 23. I. 28 Vic, cl7, (U. C). p. 22, I. Revised Statutes, Nova Scotia, 1873, c. 89, p. 34, I. 31 Vic, c 6, Can. (Custo.ns) p. 35, I. 38 Vic, c 12. (Manitoba) p 36. I. Vancouver Island Civil Procedure Act, 1861, p. 39, I. 23-24 Vic, c 34, (English Petition of Right Act), p. 42, I. British Columbia Petition of Right Act, p. 42, I. .35 Vic, c. 13, (Ontario Petition of Right Act,) p. 44, I. 31 Vic, c 34, and 33 Vic, c. 4, as amended, applies to officers of Supreme and Exchequer Courts, p. 162, 8. C. A. A. 38. STATUTES PRINTED, See "Acts Pri.vtkd." INDEX. 411 STAY OF PROCEEDINGS, an order to show cause, or, unless otherwise ordered, p. 257, E. C. R. 142. STEAMBOATS, dredj^es and public, the property of General Government, p. 79, B. N. A. 108. STEAMERS, and other ships, under exclusive control of General Govern- ment, p. 74, B. N. A. 92(10). STOCKS, &c., taken in reduction of public debts of tlie Province, p 78, B. N. A. 107. SUBPCENA, ad test, may issue to enforce attendance for examination for purposes of discovery, p. 240, E. C. R. 89. duces tecum to compel production of books, &c., at examina- tion, p. 240, E. C. R. 90. refusal to comply with, for examination, &c., p. 244, E. C. R. 103. to witnesses, form of, p. 317, E. C. R. Sch. V. SUGGESTION, may be filed in case of death of one of several appellants, p, 128, S. C. A. 42. or of sole appellant or all appellants, j). 128, S. C. A. 43. or of one of several respondents, p. 128, S. 0. A. 44. or of sole respondent or all respondents, p. 128, S. C. A. 45. to be filed by respondent who desires to ajjpear in person, p. 185, S. C. R. 17. if none filed, the solicitor or attorney of resjx)ndent in Court below, shall be deemed to be his solicitor or attorney in appeal, p. 186, S. C. R. 18. to be filed by attorney or solicitor of respondent who has ap peared in person in Court below, p. 1S6, S. C. It. 19. to be filed by respondent appearing' in person to elect domicile p. 186, S. C. R. 20, may be set aside on motion, p. 190, S. C. R. 37. proceedinj? on motion to set aside, p. 190, S. C. R. 38. adding parties by. See "Parties." SUITS, on behalf of Crown to be by information in certain cases, p, 217, E. C. R. 4. other thiin by Attorr.ey-General, or Petitions of Rifrht to be instituted by filing' statement of claim, p. 217, E. C. R. 7. SUMMONS. Attorney-General, plaintiff or petitioner may without leave serve any on defendant not answerlnif, ]). 278, E. C. R. 223. applications to JuJ^re of Exchequer Court in Chambers to be by, p. 279, E. C. R. 225. SUPERIOR COURT, of Province of Quebec, procedure of to be followed in Exche- quer cases where cause of action arises in such Province, p. 216, E. C. R. 2. jurisdiction of, p. 25, I. I 412 INDEX. SUPPLIANT, nothinur payable by, on leaving or receiving back petition, p. 1G3, P. K. A. 3. may proceed as before Act, p. 172, P. R. A. 19 (2). See " Petitions ov Rioht," — " Petitioner." SUPPLIES, SUPREME ANL) EXCHRQUER COURT ACT, to cvtend to jurisdiction conferred by P. B. A., p. 170, P. R, A. 13 SUPREME < OURT OF CANADA, established, p. 117, S. C. A. 1. name of, p. 117, S. C. A. 1. a Court of Record, p. 118, S. C. A. A. 2. and of common law and equity, p. 118, S. C. A. 2. number of Judges composing, p. 118. S. C. A. 3. quorum of Judges of, p. 121, S. C. A. 12. appellate jurisdiction of, p. 120, S. C. A. 11 et Seq. to hold two sessions yearly, p. 121, S. C. A. 13. may adjourn any session, p, 121, S. C. A. 14. how may be c iiivened, p. 121, S. C. A. 14. to hold and exercise an appellate civil and criminal jurisdiction, p. 121, S. C, A. 15. in what cases appeal shall lie to, p. 121, S. C. A 17. appeal to on mandamus, habeas corpus, municipal by-law, &c., p 122, S. C. A. 23. appeal direct to, l)y consent of parties, p. 123, S. C. A. 27. no writ required for bringing appeal into, p. 123, S. C. A. 28. power to quash proceedings in certain cases, p. 127, S. C. A. 37. lX)wer to dismiss appeal, p. 127, S. C. A. 38. or aw;ird i)rocess, or proceeding Court appealed from ought to have given or awarded, p. 127, S. C. A. 38. may order payment of costs of Court appealed from, and also of appeal, p. 127, S. C. A. 38. judgment of in appeal to be certified by Registrar to proper officer of Court of original jurisdiction, j). 121), S. C. A. 46. judgment of, in all cases final, p. 129, S. C. A 47. appeals to in controverted election cases, p. 129, S. C. A. 48. criminal appeals, power of Court in, p. 131, S. C. A 49. any Judge of, to have concurrent jurisi.Mcion to issue hab. corp, ad. subj., p. 131, S. C. A. 51. special cases may be referred to by Governor in Council, p. 132, S. C. A. 52. to report on any bills referred to it by either House, p. 132, S. C. A. 53. special jurisdiction of, with consent of Local Legislatures, p. 132, S. C. A 54. oath to be taken by Judge of, ]). 120, S. C. A. 8. Registrar of, p. 130, S. C. A. 69. Precis writer to report decisions of, p. 137, S. C. A. 71. reports of, to be published by Registrar, p. 137. S. G. A. 73. process of, to run throughout Dominion, p. 137, S. C. A. 75. who may practice in, p. 138, S. C. A. 76. INDEX. 413 inal jurisdiction, cipal by-law, &c., SUPREME COURT OF CANADA -Continued. rules and orders of to be made by Juw case in such appeals to be settled, and what to contain, p. 280, E. C. It. 232. jurisdiction of extended to controversies between Dominion and Ontario, and between Ontario and other Provinces, p. 328. also to cases where validity of Act of Parliament of Canada, or Leyfisiature of Ontario questioned, p. 328. also to appeals from the Maritime Court of Ontario, p. 3.30. SUPREME COURT OF CIVIL JUSTICE OF BRITISH COLUMBIA, constituted, p. 39, I. jurisdiction of, p. 39, I. name of altered, p. 40. I. and Supreme Court of Civil .Justice of the Colony of Vancouver Island, merged in Supreme Court of British Columbia, p. 40. SUPREME COURT OF CIVIL JUSTICE OF THE COLONY OP VANCOUVER ISLAND, constituted, p. 39, I. name of, altered and merged in Supreme Court of British Col- umbia, p. 40, I. SUPREME COURT OF NEW BRUNSWICK, exchequer jurisdiction of, p. 28, I SUPREME COUKT OF PillNCE EDWARD ISLAND, p. 35. SUPREME COURT OF JUDK MATURE, ACT, 187.5, orders under do not affect procedure on Revenue side of ex- chequer division, p. 8. I. TARIFFS, fees to Registrar Supreme Court, p. 200, S. C. R. Sch. C. to Solicitors, &c., in Supreme Court, p, 201, S. C. R. Sch. D. to Solicitors, &o., in Exchequer Court, p. 312, E. C. R. Sch. T. to Witnesses, p. 310, E. C. R. Sch. U. to Sheriffs and Coroners, p. 317, E. C. R. Sch. W. to Crier, p. 320, E. C. R. Sch. W. to llejfistrar Exchequer Court, p. 320, E. C. R. Sch. X. TAVERN LICENSES, See "LicENHRs." TAX AND APlMtOI'RIATlON BILLS, originate in Commons, p. 64, B. N. A. 53. or in Assemblies, p. 71, B. N. A 90. must be recommended by Governor-General during same ses- sion, p, 64, B. N. A. 54. or by Lieutenant-Governor, p. 71, B. N. A. 90. TAXATION, raishig money by any mode of, belongs exclusively to general government, p. 72," B. N. A. 91 (3). direct, within each Province for raising a local revenue, is the exclusive pri\ ilege of each Province, p. 74, B. N. A. 92 (2). f 414 INDEX. t>:ll hs, ". Mider exclusive control of general government, p. A ;>2(10). 74, B. TIME, i 1 ■Id I limitation of appeal in election cases, p. 123, S. C. A. 25. and m otl er ciises, p. 123, S. C. A. 25. for K, ;'eal .■;, he extended in special cases, p 123, S. C. A. 26. for fi;nigsij,U>MOi?* ui defence or demurrer to petition of right by the Atto-ney-Oeneral, p 169, P. il. A. 5. may he extended, p. 169, P. R. A. 5. for filing statement in defence or demurrer to petition by third parties, p. 1H9, P. R. A. 6. may he extended, p. 169. P. R. A. 6. for filing case, may be extended, p. 191, S. C. R. 42. may be eiilarged or abridged in any appeal or other proceed- ing, p. 197, S. C. R. 70. computation of in Supreme Court, p. 198, S. C. R. 72. for filing a defence by defendant out of jurisdiction to be fixed by order, p. 221, E. C. R. 23. for filing defence generally, p. 223, E. C. R. 27. for filing defence to petition of ritriit, p. 224, E, C. R, 29. for delivering defence arising pending action, p. 228, E. C. R. 47, for filing and serving reply, p. 230, E. C. R. 52. for filing pleadings subsequent to reply, p. 231, E. C. R. 54. for applymg to disallow amendment in pleadings, p. 232, E, 0. R. 59. limited for making amendment, p. 233, E. C. R. 62. for service of amended pleading, p. 234, E. C. R. 65. for serving notice of setting down demurrer for argument, p. 235. E. C. R. 72. for service of notice of argument of demurrer, p. 237, E. C. R. 79. for trial, application to fix, p. 248, E. C. R. 116. within which to move for new trial, p, 256, E. C. R. 138. for givijig notice of motion for judgment, p. 257, E. C. R. 145. for return of order on motion to set aside judgment, p. 259, E. C. R. 150. for making motion to set aside judgment, p 259, E. C. R. 150. for setting down action by Attorney-General, &c., on motion for judgment after determination of issues, p. 259, E. C. R, 151. no a(!tion to be set down on motion for judgment after one year, without leave, p. 260, E R. 153. for notice of applicatior co vary report, &c., on motion for judgment p. 260, E. C. R., 154. for filing Registrar's report, p. 263, E. C. R. 164. for apjjealing from report, p. 263. E. C. R, 165. for issuing execution, p. 267, E. C. R. 180. for setting down demurrer, special cases, motions and petitions, for hearing, p. 276, E. 0. R. 215. for notice of hearing of motions, p. 279, E. C. R. 225. computation of, generally, p. 284, E. C R. 249. where days not expressed to be clear days, p. 284, E. C, R. 249, where time limited by months, p. 284, E. C. R. 250. INDEX. 415 ent, p. 74, B. A. 25. 3, S. C. A. 26. ition of fight tition by third 12. other proceed- l 72. tion to be fixed >28, E. C. R. 47. E. C. R. 54. gs, p. 232, E. 0. .62. I 65. 'or argument, p. •er, p. 237, E. C. C. R. 138. -,7, E. C. R. 145. igmeut, p. 259, B. 59, E. C. R. 150. x\, &c., on motion js, p. 259, E. C. R, ent after one year, c, on motion for 64. 15. bions and petitions, . R. 225. 49 284, E. C, R. 249. R. 250. TUAE, -Continued. where any limited time less than six days, p. 285. E. C. R. 251. where time expires on a Sunday, or day office closed, p. 285, E. C. R. 252. general power to enlarge or abridge, p. 286, E. C. R. 255. TITLE, of British North America Act, 1867, p. 53, B. N. A. 1. of Briti.sh Nortli America Act, 1871, p. 103, B. N. A. 71, 1, of Parliament of Canada Act, 1875, p. 110, P. C. A. 3. of Supreme and Exchequer Court Act, p. 139, S. C. A. 81. of petitiou of Right Act, 1876, p. 173, P. R. A 22. TOWNSHIPS, may be constituted in Quebec p. 86, B. N. A. 144. TRADE AND COMMERCE, under exclusive control of general government, p. 72, B. N. A. 91 (2). TRANSCRIPT, of reasons for judgment of court below to be contained in case, p. 182, S. C. R. 2. TRANSLATION, any judge may require translation of factum, p. 196, S. C. R. 64. or of judgments and opinions of judges in courts below, p. 196, S. C. R. 65. of judgments and opinions of judges of court below to be print- ed by appellant at his expense, p. 196, S. C. R. 65. TREASON, any person convicted of, whose conviction confirmed by any court of last resort may appeal to Supreme court, p. 131, S. C. A. 49. proviso, no appeal allowed in case of, when court affirming con- viction unanimous, p. 131, S. C. A. 49. appeal in such case must be l)roui,''ht on for hearing by appel- lant at term of Supreme court during which affirmance of conviction takes place, or at term thereafter unless otherwise ordered, p. 131, S. C. A. 50. TREATY OBLIGATIONS, the parliament and general government have all necessary powers for performing obligations of C-nada and the Pro- vinces towards foreign countries and Imperial treaties, p. 83, B. N. A. 132. TRIAL, of causes in Court of Exchequer, before one judge sitting alone, p. 135. S. C. A. 62. by jury in certain cases, p. 135, S. C A. 65. without jury in certain cases, p. 135, S. C. A. 64. in petition of right cases, to be without jury, p. 169, P. R. A. 9. application to fix time and place of, p. 248, E. C. R. 116. copy of order for to be served, p. 24s, E. C. R. 116. order tixing, to direct issue of venire facias, if jury required, p. 250, E. C. R. 11 r. notice of, not to be countermanded, without leave, p. 250, E, C. R. 119. f f il; 1; r I 416 INDEX. TRIAL— Continued. sittings of court may be adjourned bj' sheriff if judge unable to attend on day fixed for, p. 251, E. C. R. 120, default by defendant in appearing', when action called on for, p. 251, E. 0. R. 121. deiaultby attorney -general, plaintiff or petitioner at, p. 251, E. C. R. 122. judge may adjourn, p. 251, E. C. R. 123. judge may direct judgment to be entered at or after, p. 251, EL 0. R. 124. findings of fact, &c., to be entered by officer present at, p. 252, E. 0. R. 125. direction that judgment be entered absolutely, p. 252, E. C. R. 12(i. judgment with leave to move, p. 252, E. C. R. 127. preliminary judgment after, ordering reference, p. 252, E, C. R. 12S. printed copy of pleadings, &c. , to be furnished four days before, p. 253, E." C. R. 12i>. witnesses at, to be examined viva voce, p. 253, E. C. R. 131. judge may order that utfldavit of any witness may be read at, p. 253, E. C. R. 131. New Trial, motions for, generally, p. 250, E. C. R. 138. liow to be ai)plied for, p. 250, E. C. R. 138. order o be ajjplied for calling upon opposite party to show cause in eight days from date of order, p. 250, E. C. R, 138. motion to be made within ten days after trial, p. 256, E. C. R. 138. unless time extended, p. 256, E. C. R. 138. order nisi for to be served in four days, p. 250, E. C. R. 139. not granted on ground of Improper admission or rejection of evidence, p. 50, E. G. K. 140. unlt-ss .substantial wrong or miscarriage of justice occasioned, p. 2. 0, E. 0. R. 140. may be granted as to part of matter in controversj', p. 256, E. C. R. 140. new trial, may be ordered on any question without affecting de- cision on other questions, p. 250, E. C. R. 141. order to show cause a stay of p'"oceedings, unless otherwise ordered, ]). 257, E. (J. R. 142. application for order dispensing with, may be made after plead- ings clcjsed, p 257, E. U. R. 143. direct' ng issues to be tried, or accounts taken on motion for new trial, p. 200, E. C. U. 154. of eases elsewhere than in Ottawa, p. 323. order in Council relating to, p. 324. general order relating to, p. 323. provision respecting Court House for, p. 327. UNIFORMITY OF LAWS, of Ontario and Maritime Provinces may be effected by Parlia- ment, but must be sanctioned by Provinces, p. 76, B. N. A. 94. . INDEX. 417 unable to d on for, p. 251, E. p. 251, E. at, p. 252, 2, E. C. R. 2, E. C. R. lays before, R. 131. be read at, rty to show |5G, E. C. R. p. 256, E. C. C. R. 139. • rejection of J occasioned, sy, p. 256, E. , affecting de- jdings, unless A± e after plead- on motion for ited by Parlia- , 76, B. N. A. UNIVERSITY lERMANENT FUND, joint property (jf Ontario and Quebec, p. 70, B. N. A. 113. UPPER CANADA, used in deeds, &c., after Union will not vitiate them, p. 85, B. N. A. 138. VACANCIES, in Legislative Council, Quebec, p. 68, B. N. A. 75. office jf Si)eaker, House of Commons, p. 62, B N. A. 4.'>. of Speaker, Assemblies, Ontario aud Quebec, p. 71, B. N. A. 87. of seats of Senators, by resignation, p. 58, B. N. A. 30. in other cases, p. fiS, B. N. A. 31. filled by Her Majesty, p 58, B. N. A. 26. or by Governor-General, p. .59, B. N. A 32. in offices of Chief Justice or Judge ot Supreme Court, how to be filled, p. 118, S C. A. 4. VACATIONS, at Christmas, in Supreme Court, p. 198, S. C. R. 74. long vacation, in Supreme Court, p. 199, S. C. R. 75. at Christmas, in j^^xchequer Court, p. 284, E. C. R. 247. long vacation, in Lxchequer Court, p. 284, E. C. R 248. when Registrar's office to be open in, p. 283, E. C. R. 243. no pleadings to be amended, filed, or delivered in long vacation, p 2S5, E. 0. R. 2.'i3. time of long vacation not to be rccko"ed for filing, amending, or serving any pleading, p 285, E. C. R. 254. VANCOUVER ISLAND, Supreme <'curt of Civil Justice of, constituted, p. 39, I. See "BaiTi.sii Columbia." VENDITIONI EXPONAS, when it may issue, p. 270, E. C. R. 192. form of, p. 308, E. C. R. Sch. Q. VENIKE FACIAS, may issue for trial of issues of fact under sec. 59, S. C. A., p. 135, S. C. A. 65. number of jurors to be summoned under, p. 158, S. C. A. A. 22. issue of writ of, to be ordered when time and place of trial fixed, p. 250, E. C. R. 117. VERDICT, appeal shall be from judgment upon any motion to enter, p. 122, S. C. A 19. no appeal allowed on ground that verdict against weight of evi- dence, p. 122, S. C. A. 22. VOTING, in Senate, p. 59, B. N. A. 36. in Commons, p. 62, B. N. A. 49. in Legislative Council, Quebec, p. 68, B. N. A. 79. in Assemblies, Ontario and Quebec, p. 68, B. N. A. 79. WEIGHTS AND MEASURES, under exclusive control of General Government, p. 73, B. N. A. 91 (17). r 1 1 i 1 ) 1 f 418 INDEX. WIFE, service on, may be ftrdered, p. 220, E. C. R. 19. WITNESSES, at the bar of the Senate, and before committees. See "Oaths." directions an to attendance of, for examination may be given, p. 152, S C. A. A. 1. persons examined under provisions of S. C. A. A., to be called, p. 153, S. C. A. A. 1 (2). givinyf false evidence, yuilty of perjury, p. 153, S. C. A. A. 2. may be prosecuted for such offenco in any county, district, or judicial division in Canada whero evidence given, p. 153, S. C. A. A. 2. or if evidence given out of Canada, in any judicial division in Canada in which he mav be apprehended or be in custody, p. 153, S. C A. A. 2. this provision of sec. 2 of S. C. A. A. amended, p. 329. Court or Judjje may order further examination of, p. 153, S. C. A. A. 3. refusal or neglect by to answer or appear a contempt, p. 154, S. C A. A. 5. witness must be served within < 'anada, p. 329. evidence of any, in Petition m' Right Cases may be taken by commission, or on examinali m, or on affidavit, p. 169, P. R. A. 9. in Exchequer cases, to be exiuuined viva voce, p. 253, E. C. R. 131. affidavit of any, may be ordered to be read at trial, p. 253. E. C. R. 131. examination of by interrogatories may be ordered, p. 253, E. 0. R. 131. examination of any, may be ordered before any officer of Court, p. 254, E. C. R. 134. depositions of, may be allowed in evidence, p. 254, E. C. R. 134. on references, attendance of bow enforced, p. 202, E. C. R. 160. tariff of fees to, p. 316, E. C. R. Sch. U. subpajna to, form of, p. 317, E. C. R. Sch. V. WORKS, local, and undertakings in Provinces under their exclusive con- trol, with certain exceptions, p. 74, B. N. A. 92 (10/. See " Public Works," WRITS, of Elections, p. 71, B. N. A. 89. no writ required or issued for bringing any appeal into the Su- preme Court, p. 123, S. C. A. 28. of venire facia >i, may issue for trial of issues of fact under sec. 59, S. C. A., p. 135 S. C. A. 65. to be tested in name of Chief Justice, p. 135, S. C. A. 60. to be prepared in office of Attorney-General, or of attorney or solicitor suing out same, p. 281, E. C. R 236. to be endor.^ed with name and address of attorney or solicitor suing out same, p. 281, E. C. R. 236. to be sealed at office of Registrar, p. 281, E. C. R. 236. praecipe left for, p. 281, E. C. R. 236. INDEX. 419 OATHS." ;iven, p. e called, A. 2. jtrict, or 53, S. C. vision in atody, p. L53, S. C. p. 154, S. WRITS,— CMi