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Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film^s h des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est film6 A partir de Tangle supirieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 t t t AN ACT I • TO PROVIDE FOR THE ','i '' SUMAM TRIAL ^^j^^ CIP. XIX. 7 VICTORIiE, 1843. Sir (XL (L ittctcolfe, jBflwnf t, ®. C 8, ©ffoemor (flfett«rrt|, ^r. .^c. ^r. , > I •#■ r-? 5N ' .Ktng0ton : PRINTEP.BY S. DERBISHIRE & G. DESBAR, Friateito^be Glueen's Most ^.ellent Mt^caty, 1843, ;l -i . — *(.'■ ^.^*»A»T.-*."^-» J -^ •'-•--•"* '*-#-^''l^'"''^ir*^ r^-^».«-^ '^ 4 i An Al Sin ^: »■ ■ ST" 4 \ i w debts, i is of SI neficial vince ; Excell( sent of Assernl assemb Act pasi Great! the Pro Govern' the aut praying for tilt! been pi lands o Parocli tills Pn or inon extra-F mission mission Act: F %. ,^ .i^->- '>4 CAP. XIX. An Act to provide for the Summary Trial of Small Causes in Lovi er Canada. [dlh December, 1843.] WHEREAS experience hath shown, that anpjcamiit. easy and expeditious mode of recovering petty debts, and deciding causes where the matter in dispute is of small value, in Lower Canada, is materially be- neficial to the Inhabitants of that portion of this Pro- vince ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and con- sent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Irclanii, intituled, An Act to rc-unite the Provinces of Umm' and Lower Canada^ and for the Government of Canada, and it is hereby enacted hy [Jj ^j^jjjjjj ®f the authority of the same, that whenever a petition tants, com- praying for the establishment of a Commissioners' Court, couru^may bo for the purposes hereinafter mentioned, shall have established in been presented by at least one hundred proprietors of "''''"" p''^^^^' lands or tenements in any Parish, Township or extra- Parochial place in Lower Canada, to the Governor of this Province, it shall be lawful for him to appoint one or more persons resident in such Parish, Township or extra-Parochial place, to be Commissioner or Com- missioners in and for the same, and to hold the Com- missioners' Court therein, for the purposes of this Act : Provided always, that no appointment of a Com- ProTiso. '\*iri: :.:)*" ♦' :.j^ ;"A.....ji.4.»..'j».-' ■rf- /^ ^fi-^-T-''"" ■•'<^--:^'\.^lj^* ( if i 7o VicTORLE, Cap. 19. 1843. missioner or Commissioners shall be made upon such Petition, unless it shall be certitied thereupon to the Governor, by three of the principal Inhabitants of such Parish, Township or extra-Parochial place, that the persons whose names are thereunto subscribed, are really inhabitants of such Parish, Township or extra- Parochial place and proprietors of lands and tenements therein : And provided also, that no Bailiff, Sergeant win^'^rTonr ^f Militia, Tavem-kceper or person keeping a house of not to bo Com. public entertainment, sliall be appointed, or shall act as a Commissioner, for the purposes of this Act. missioners. Proviso. ciKuit Judges n. Provided always, and be it enacted, that in and sLcrs c™ #" for the Cities and Parishes of Quebec and Montreal, and' MMitreta *^® Circuit Judges hereafter to be appointed in and for * the Districts of the same names, respectively, under a certain Act passed during the present Session, shall be ex officio Commissioners for the purposes of this Act, and shall hold the Commissioners' Courts in and for the places aforesaid, respectively : Provided a petition, as hereinbefore required, be presented, and no other Commissioners shall at any time be appointed in and for the same : Provided also, that by the City and Pa- rish of Quebec, the Parish of St. Roch shall be under- stood to be intended and included for all the purposes of this Act. Amount of Ju- HI. And be it enacted, that each of the Commission- Sw'comm*il- ers' Courts aforesaid, shall have power to hear, try and sioners'Courte, determine, in a summary way, according to the rights cLs ''therein of the parties, and to equity, and good conscience, and cognizable. |q ^j^g |jest of the knowledge and judgment of the Commissioner or Commissioners by whom they shall be held, all suits and actions, (with the exceptions hereinafter made) purely personal or relating solily to moveable property, wherein the sum or the value of the thing demanded shall not exceed six pounds five shillings, currency, and the Defendant or Defendants M 184' shall Pare Coi Wv^'- 1843. 'pon such »n to the hitants of lace, that :ribed, are or extra- eneinents Sergeant house of shall act ct. t in and Montreal, » and for under a shall be this Act, and for petition, no other d in and and Pa- e under- >urposes nission- try and e rights ce, and of the 3y shall eptions olily to alue of ids five ndants 1843. 7° \ cTORi^E, Cap. 19. shall be resident within the Parish, Township or extra- Parochial place, in and for which the Commissioner or Commissioners shall have been appointed. IV. Provided always, and be it enacted, that the Ju- ExcepUom. risdiction of the Commissioners' Courts established under this Act shall not extend to actions for Slander, or for Assault or Battery, nor to such as shall relate to Paternity, or to the Civil Estate of persons in general, or for Seduction, or Lying-in expenses, or for any Fine or Penaltv whatever. V. And be it enacted, that any person under the age Persons under of twenty-one years, but above the age of fourteen years, year", nm^uue may prosecute a suit in any Commissioners' Court held f" ^"g"* under this Act, for any sum of money not exceeding six pounds five shillings, currency, due to him for wages, in the same manner as if he were of full age ; any law to the contrary notwithstanding. VI. And be it enacted, that in matters cognizable in Orai testimony the said Commissioners' Courts, proof by oral testi- fhe"amount'*in mony shall be receivable and sufiicient in all cases (lispute exceed wherein, before the passing of this Act, it would have ^ ''^"^ been receivable and sufficient, if the sum or the value of the thing in dispute had been of less than one hundred livres, anciencours; and any law heretofore in force in Low^r Canada, requiring proof in writing, or a com- mencement of proof in writing, in such cases, is here^.y repealed. VII. Provided also, and be it enacted, that whenever Defendant there shall not be a Commissioner appointed for andSs'^be "ucd, resident in the Parish, Township, or extra-Parochial J^J/eV Court place in which the Defendant shall reside, or if all the the' not in the Commissioners be absent or sick, or unable to act as J^° ^*"*''' Commissioners, so that the Court cannot be held, then such Defendant may be sued before that other Com- 4 *l %..! ■^•Nfc, '■'^. 5>** i«k_v V-'***' -^*-^-'- *^* M^r^f^*" • r y ; ^*-^y 6 7^ VicTORi.E, Cap. 19. 1843. i missioners' Court which sliall be heUl nearest to the place in which tiie Defendant shall reside and in the same District, provided the distance do not exceed ten leagues ; and in every case the suit may be brought before the Commissioners' Court nearest to the resi- dence of the Defendant, although such Court be not within the same Parish, Township, or extra-Parocliial place, provided it be within ten leagues, and in the same District. oni^tobo^heid V^^^' Provided always, and be it ena(;ted, that no in each place, more than one Court shall be held in any Parish, Town- ship, or extra-Parochial place in Lower Canada, under this Act, although two or more Commissioners may have been appointed for the same ; but the Court may be held by any one of such Commissioners, it being nevertheless competent to all the Commissioners ap- pointed in and for the same place, to be present and SgTo courtt to assist at such Court if need be, or if they think fit : and, except in the Cities and Parishes of Quebec and Montreal, the place where the Court shall be held in each parish, Township or extra-Parochial place, shall By whom be near the Church, or at the most public and fre- quented place, and shall from time to time be fixed by the Commissioner, or by the majority of the Com- missioners where there are more than two Commission- ers in and for the same place, and when there are two To bo men- Commissioners and no more, then by the Commissioner Sotw dij^'^"' ^^^^^ name is the first on the list ; and in every Sum- mons or Order of Suhpmna to be issued under this Act, the place where the Court is to be held shall be men- tioned. Times of hold- IX. And be it enacted, that except in and for the ingthecourta. (.^.^^ ^^^ Parishes of Quebec and Montreal, the Com- missioners' Courts aforesaid shall be held on the first Monday of every month, not being a holiday, and if it be a holiday then on the following day, and on any other days to which they may then find it necessary to 18431 ad30\ suits! held! shall] undc pens* alloi ofth| pectil Pro^ beH nor Xl and the ever] then! it sf regal fort Cou' tuat tim( Coi Coi *''\ ini on< to mi S( ai fr si b ^'^ 1843. ■arest to the «ne men- 1843. 7® VicTORLE, Cap. 19. f ibr the e Com- he first nd if it 3n any lary to I , , adjourn for hearing witnesses and for determining suits ; and that such Courts, respectively, shall so be held publicly in some suitable room or place, which j^JJJj Jj ''• shall be provided for that purpose by the Clerks thereof, the cierk. under de direction of the Commissioners ; and the ex- pense of hiring and warming such room or place, and all otlier expenses necessary for the convenient holding of the said Courts shall be paid by such Clerks, res- pectively, out of the fees hereinafter assigned to them : Provided always, that no such Court shall at any time Proviw. beheld in any tavern or place of public entertainment, nor in any building thereunto appertaining. X. And be it enacted, that in and for the said Cities pjacTiThS and Parishes of Quebec and Montreal, repectively, ing the court* the Commissioners* Court shall be held weekly on a^^jS" ""^ every Monday not being a holiday, and if it be a holiday then on the following day, and on such other days as it shall be adjourned to in the manner provided with regard to other Commissioners' Courts ; and in and for the said Cities and Parishes the Commissioners' Courts shall be held in the Court Houses tliere si- tuate, and in such part thereof as shall from time to time be assigned for the purpose by the Justices of the Courts of King's (or Queen's) Bench sitting in such Court Houses, respectively. XI. And be it enacted, that in any case cognizable summom, in a Commissioners* Court, it shall be lawful for any ^ ""^ one of the Commissioners, upon request or application to him made, to grant and cause to be issued a Sum- mons which shall be in tl^e form of that one of the Schedules annexed to this Act which shall suit the case, and shall not be returnable within less than three days from the day of service, in cases where the Defendant shall reside within two leagues from the place at which Delay between he shall be summoned to appear, allowing one day «emce and re more between the service and return of every such turn of Sum< mons. "•-^. **.' ;ttr: .^5:1 -«T?.. SW; 8 7o Victoria, Cap. 19. 1843. 1843 Caw of re cuiation or Coniiiiitaion* rn |>rovid«d for. 1/ Summons for every five leagues distance over and above the said two leagues. XII. And be it enacted, that if in any suit all the Commissioners be recused by either larty (and any re- cusation and the grounds thereof shall be reduced to writing) and the Court be thereby rendered incompe- tent to proceed with the case, such suit shall imme- diately be transmitted to the nearest Commissioners* Court in the same District ; and if the recusation be there adjudged valid, such Court shall proceed to hear and determine the cause ; but if the recusation shall be adjudged frivolous or unfounded, the parties shall be sent before the Court in which the Commissioners shall have been recused, in order that such Court may proceed as if the recusation had not been made ; and in such case the Court before whom the cause shall have been originally brought, may, without anv reference to the merits thereof, tax the costs of such frivolous or un- founded recusation against tlie party by whom it shall have been made. Evocation and XIII. And be It enacted, that in all cases where a i^^n cert«Ji I^efcndant or other party may evoke a suit out of any caae*. Circuit Court into the Court of King's Bench, or out of the Inferior term of any Court of Queen's Bench, into the Superior Term thereof, and may appeal from thence to the Court of Appeals for Lower Canada and to Her Majesty in Her Privy Council, such Defend- ant or other party, being a suitor before a Commis- sioners' Court, shall have the same right of evocation and appeal, and may evoke the suit to the Superior Terra of the Court of King's (or Queen's) Bench for - . the District : Provided always, that in all cases where Proviso :— .^ .. • X *^ - 1' . 1 . As to suits any suit or action, against any person residing within S^^coSto *^6 Jurisdiction of any Court established by this Act for nrhicb might any cause or matter cognizable before such Court, shall beW Coui not than Com Cost^ tion, ^>\ evoci secuj the whoi forge with' totl Ben duel inti that sue the sha sue th( fa ^843. . 1843. t'cr and above I 7o VicTORLE, Cap. 19. ' suit all the (and any re- e reduced to ?d incompe- »hall imme- imissioners' 'cusation be eed to hear sation shall ies shail be ioners shall lay proceed nd in such have been -nee to {he ous or un- ^m it shall 8 where a ut of any 'j or out s Bench, )eal from lada and Defend- ^ommis- •^ocation >uperior nch for where within Act for % shall be brought before any District, Division, or Circuit [j*J^ J^'^jj* Court, or Court of Queen's Bench, the Plaintiff shall cS.'Jion. not be entitled to recover any greater amount of Costs ""' ^"""'' ^ than if such suit or action had been brought before the Court established by this Act ; but this limitation of Costs shall not applied to any action, suit, or proi^ecu- tion, after evocation from such Court. I XIV. And be it enacted, that when any notarial in- 41l;f,oo'Je"r' strument or authentic copy of the same, or any writing »'«. " »» cvo- under private signature, produced in evidence in any *^''*'°"' suit before any Commissioners' Court shall be alleged to be forged or falsified, such allegation shrill operate as an evocation of the suit to the Court of King's Tor Queen's) Bench for the District, sitting in Superior ^ Term. I XV. And be it enacted, that whenever any such TransmiMion evocation as is herein last mentioned shall occur, and SLnuUegS'. security shall have been given as hereinafter provided, ^^ f^'^B^j^. **^- the Commissionner or one of the Commissioners before MUon".*^ ^^^ whom such document shall have been alleged to be forged or falsified, or the Clerk of the Court shall, within fifteen days next thereafter, certify and transmit to the Prothonotary of the Court of King's (or Queen's) Bench, the document impugned, all the documents pro- duced in the cause, and a certified copy of the entries in the register respecting the same: Provided always, gjjjtj'*;j'^ that no Commissioner or Clerk shall so transmit any given. such document, unless good and sufficient security for the payment o** the costs of the " inscription en faux " shall have beei. given before him by the party making such inscription. XVI. And be it enacted, that upon such evocation, Court of a. b. the Court of King's (or Queen's) Bench shall hear, ind^ the "5^ try, and determine the matter of the " inscription en S^"" ^ fatiXf " and the whole matter in issue between the par- •«f- 1 \ 10 7o VicTORijE, Cap. 19. 1843, *1842 ■t V 1/ ties, as if the cause had been originally instituted ini the said Court, and may award such costs against the . party making such inscription, if he fail to substantiate the charge thereby made, as might in like case be awarded on an " inscription en faux, " in any case before such Court, bcfur7a"com' XVII. And be it enacted, that in any suit brought CoulrSy be ^^^0^^ ^"y Commissioners' Court it shall be lawful, by referred to ar- conscut of the parties, to refer the matter or matters in conSnTof par. Contestation in the suit, or for the Court in its discre- ties. tion to order the same to be referred, to the judgment and decision of three Arbitrators, one to be named by the Court, and one by each of the parties respectively, and to be sworn before a Commissionner, or before any Justice of the Peace ; and such Arbitrators shall have power to hear the parties and witnesses, and the report and award of any two of them shall be final and con- clusive to all intents and purposes, and judgment shall be entered thereon, to be executed as in ordinary cases. JTylisJ; ^^"^- ^"^ ^® it enacted, that it shall be lawful for subpwtias. any Commissioner entitled to sit in the Court before which any suit or action shall have been instituted, on the application of either party, to issue orders of sub- pesna in the form prescribed in the Schedule to this Act, to compel the appearance of witnesses before the Court, under a penalty of not exceeding twenty shil- lings, nor less than five shillings, currency, for each and every default to attend, as by such order of subpiB- nuTer oathsTo »*« Commanded ; and that it shall be lawful to and for witnesses, &«. any such Commissionuer to administer to such witnes- ses, or to any party to the suit who may be lawfully examined therein, an oath or affirmation in the usual manner. Jn''£ra ^^^- A"^ ^^ '* enacted, that except as hereinafter excepted, it shall not be lawful to cause the witnesses in at retui all the rece| ! ant i beei proc| T\ecc ' deta| I addv ^ fenc . :the slant I any tlonj shall met pro> not one v'ld hei the an c I »*"*• 9. I ms 1843. 70 VicTORLE, Cap. 19. 11 n% instituted in f/>f against the! j„*° f "bstantiate - m hke case be ? n any case before }y suit brought " be lawful, V fj or matters in 'rt in lis discre- * ,^"e judgment oe named by s respectively. ^ or before any ^ors shaiJ have Jndthe report "?1 and con- 'd^ment shall '^ rn ordinary Exceptions. I be lawful for -ourt before "stituted, on 'ers of stt^. edule to this s before the ^w'enty shil- ^yy for each f of subpcB- fo and for rch witnes- 5e lawfully ' tbe usual lereinafter witnesses in any suit to be summoned to attend on the day of the quent"^to*"tho return of the Summons to the Defendant ; but that in return day to all cases of default or plea to the action on the part offorhejSmg"the the Defendant, a subsequent day shall be named for cause. receiving evidence ; saving always, that if the Defend- ant should make default when the service ol him has been personal, it shall then be lawful for the Plaintiff to proceed immediately to prove his case by witnesses if necessary ; and in such cases, as well as in all cases of cwes in default, wherein sufficient written evidence shall be ^^^'^^ ^^'^ , „ 111 11 /•! 1 iTv cause may oo adduced on the day of the return, or where the De- heard i7istan- fendant shall confess judgment, or both parties shall ^^^' agree that the case be heard and determined forthwith, the Court may hear the case and give judgment, in- stanier. XX. And be it enacted, that it shall be lawful for Commission- ^-1 • • « rf-^ c ^^^ courts any Commissioners Court, to grant a stay ot execu- may aiiow tion, and to order that the amount for which judgment ("j'fS'/jby shall have been given, be paid in two or in three inslal- instaimenu. ments, at intervals of not more than one month each ; provided that if any one of the said instalments shall not be paid at the time appointed, execution may at once issue for so much as shall then remain due : Pro- "™**' vided always, that when any poor Defendant shall before Judgment, offer good and sufficient security to the satisfaction of the Court, for the amount of the debt and costs, the Court may order that the amount of the judgment be paid by weekly instalments, the last of which shall not be made more than six months after the date of the Judgment. XXI. And be it enacted, that if any party shall refuse Executions to or neglect to pay, and satisfy any judgment rendered in -y^^nf^e a Commissioners' Court for a sum of money within not satisfied : eight days after it is obtained, together with such costs '** ""*""* as shall be adjudged thereon, any one of the Commis- sioners entitled to sit in the Court may, by a warrant i "!iim rfMMltei mik >«MMMk*MI" r •«. •'•-<» T* ■■"II-*.-.- • -■ ,.. ./I 12 7" VicTORLE, Cap. 19. 1843- (f r. of execution under his hand and seal, and in the form of the Schedule hereunto annexed, cause the same to be levied by the seizure, and after public notice thereof shall be given according to law, by the sale of the goods and chattels of the party so refusing or neglecting as aforesaid, which shall be found within the District, Cosuonit. together with the costs and charges attending such exe- cution, which shall not in any case exceed the sum of Proviso. seven shillings and six pence, currency : Provided al- ways, that when the seizure only of the goods shall have taken place, the said costs and charges shall not exceed the sum of three shillings and nine pence, cur- rency ; travelling expenses and expenses of feeding any cattle seized, excepted in all cases. Commission- XXII. And be it enacted, that it shall be lawful may iwS for any Commissioners' Court, in cases cognizable by warrantsinthe guch Court, to issuc Warrants of sakk gagerie, and tain writs. ^^'' sttisie revendiciUlon (the necessary affidavit being first made before a Commissioner of such Court) and of saisie arrH after judgment, in all cases where Writs of like nature are allowed to issue out of other Courts by law ; and that such Warrants shall respectively be in the forms prescribed in the Schedules hereunto an- nexed. Return day XXIII, And be it enacted, that in every Warrant in warE? of of execution, sftisie arre/, sorisie revendicatiorij and s«i- ^^^ecmionorofsje^ao-erie, the day on which it is to be returned shall be named, and it shall be returned, with the proceed- ings thereon duly certified, on the day so named, which shall not be less than fifteen nor more than forty days from the date of such Warrant. 1843. same or to x: wUoi the lil said ways anduj any there(| seizure. Oppositions, XXIV. And be it enacted, that all oppositions al- interventions lowed by a Commissioner, interventions, and saisie etc. now to be n • % inii -i i-i.-ii decid«d. arrets, after judgment, shall be heard and decided sum- marilv before the said Commissioners' Courts, in the I \ \ ' »•'»«. A>^ 4M^M • <-*■<>, . ^ »-^y4,IM— '- 1843- ,m the form of line same to be J notice thereof p of the goods neglecting as I, the District, ^"^S such exe- la^the sum of I Provided al- .»e goods shall pes shalJnot ^ pence, cur- 'Jieedingany 1843. 7- VicTORi.^, Cap. 19. 13 »^^ be lawful g:nizable hy l%'^'-ie, and t oejng first "»'t) and Of ^e Writs Of ner Courts ectiveij be '^eunto an- I Warrant and , XXXI. And be it enacted, that the register of the Register to Commissioners' Court I'or any Parish, Township, or S'""*!- ^°thc , extra-Parochial place, shall continue to be the register court, not- \ of the Commissioners' Court for the same place, not- SangT^f "^ \ withstanding any change in the persons who shall for Commissioners ( the time being be Comuilssloners or Clerk, but whenever " . there shall cease to bo a Commissioners' Court in such I place, then the person in whose hands the register shall then be, shall forthwith deposit the same and all \ papers belonging to the Court, in the office of the Pro- I thonotary of the Court of King's (or Ctueen's) Bench r for the District in which the Court shall have been held, and this under a penalty of twenty-five pounds, currency : Provided always, tliat the Clerk of any Com- proviso. missioners* Court who shall cease to perform the duties of his office, (or in case of death, his heirs or legal representatives) shall, under the same penalty, forth- with deliver tho register and papers in his or their pos- A w 16 7* VicTORLE, Cap. 19. 1843 .} 843.1 f/ tl Court. session to the Commissioner or Commissioners, or to the person appointed to be Clerk of the said Court. a^nSriTc* XXXII. Provided always, and be it enacted, that before a cS no Bailiff or Sergeant of Militia shall, in any case, act miMioners' j^g Attorney before any Commissioners' Court, nor shall any other than an Attorney or Barrister, duly commissioned to practise the Law in Lower Canada, so act without a power of Attorney in writing, except Persons not in presencc of the party and at his request ; and any to^STtho person not duly commissioned to practise the Law as Law must act aforesaid,'who shall act or practise before any Commis- ^'^^"' sioners' Court as Attorney of the parties, Plaintiff or Defendant, shall be bound to do so gratis without de- manding or receiving any fee, perquisite or remunera- tion whatsoever ; and any person acting or practising as Attorney of any party, before the said Commis- sioners or any of them, without being duly commis- sioned to practise the Law as aforesaid, who shall di- rectly or indirectly receive, in consideration of such services, any fee, emolument, or remuneration what- soever, shall be held to have obtained the same under false pretences with intent to defraud the party from whom he shall have received it, and shall be liable to punishment accordingly, and shall for ever after be in- capable of acting as Attorney before any Commissioners' Court : Provided also, that no Clerk of any such Court shall act as Attorney or Poitmr de Pieces in any case whatsoever: And provided further, that no Bailiff or other person who shall have served or executed any summons or process in any suit, shall be a competent witness in such suit on behalf of the party by whom such summons or process shall have been sued out, ex- cept Only with regard to the service or execution of the same. Who may XXXIIL And be it enacted, that no summons, order SfT Emrais- or other process issued under this Act, shall be served sionei's Court, Penalty. Proviso. Proviso, ■-«-«»««» »Wr*« 1843. P*3- 7' VicTORiJE, Cap. 19. 17 issioners, or to said Court. t enacted, that n any case, act ^ Court, nor barrister, duly -ower Canada, 'ruing, except 'est; and any 8 the Law as anj Commis- s» Plaintiff or >« without de- er remunera- or practising "d Commis- JuIy cornmis- ^ho shall di- lion of such ration what- same under party from be liable to after be in- imissioners' such Court in any case ) Bailiff or 'Cuted any competent ' by whom 'd out, ex- tionofthe r >ns, order oe served \ or executed, except by a Bailiff or a Sergeant of Mili- tia, nor by any Bailifl or Sergeant of Militia not resi- l&ing in the Parish, Township, or extra-Parochial place wherein the Defendant or witness may respectively reside, unless he shall renounce all claim to any greater sum for travelling expenses than that to which a per- son being resident therein would be entided, except where there shall be no Bailiff nor Sergeant of Militia residing in the Parish, Township, or extra-Parochial place, wherein any such process is to be served, qua- lified or willing to make a return in writing, in which wimt miicajjo case such process may be served or executed by a Bai- y ^ »"ow- liff or Sergeant of Militia residing out of such place, and he shall be allowed his travelling expenses from the residence of the Bailiff or Sergeant of Militia re- siding nearest to the place where the service is to be made, or the Commissioner may in such case specially address such process to any other person by name, re- sident in the Parish, Township, or place where the service is to be made, who shall make oath to the due service and execution thereof: Provided always, Proviso. that no warrant of execution or process authorizing the seizure of any property whatever shall be addressed to any other person than a Bailiff. XXXIV. And whereas, it is right to fix the costs in Fees aiiowwi such causes as shall be determined under this Act cmiS^T ''™' in any Commissioners' Court ; Be it therefore enact- ed, that it shall be lawful for the Clerk of any Commis- sioners' Court, to demand and receive for every sum- mons which he shall make and deliver to any Suitor by order of the Court, or of any Commissioner entitled to sit therein, one shilling and six pence currency ; for every copy of a summons, six pence currency; for every subptcna, nine pence currency; for every copy of a subpamaf six pence currency ; for every judgment and copy thereof, one shilling and three pence cur- rency ; for every warrant of execution or seizure, one B i 18 7* VicTORiiE, Cap. 19, 1843 Proviso — Ai to loileage. '/ shilling and three pence currency ; for every copy there- of, six pence currency ; for entering every opposition allowed by a Commissioner, six pence currency ; and that the Bailiff or Sergeant of Militia may demand and receive for every service of process and certificate thereof, the sum of one shilling currency, and at the rate of four pence currency, per mile, for the distance he shall have gone to perform such service, the distance in returning not entitling him to any allowance : Provided always, that the Bailiff or Sergeant of Militia, by whom any service shall be made as aforesaid, upon one and the same Defendant, shall not be entitled lo travelling ex- pense 1, on more than one journey though he may have Pcnrdtj, for more than one summons or process to serve ; And S3cro 6um, provided also, that if any Plaintiff who, having given fcndafterwnnisniore than one summons or process to one Bailliff or peatM°a» mi. Sergeant of Militia to be by him served, shall compound fe»g«' with him for a less sum than that to which he would be entitled, or if any Bailiff or Sergeant of Militia shall consent to any such composition, and such Plainlifi', or such Bailiff or Sergeant of Militia shall afterwards receive from any person or persons, under colour of re- ceiving the costs on the service of such summons or process, a greater sum than that so compounded for, he shall be deemed to have obtained the same under false pretences with intent to defraud the party from whom he shall have received it, and shall be liable to punishment accordingly. Costs in cases XXXV, Provided always, and be it enacted, that jSgmenUg whcn the sum or the value of the thing for which for no more ^ judgment shall be rendered in any Commissioners' Court shall not exceed ten shillings, currency, the costs and expenses (exclusive of travelling expenses and of arbitration) which shall be adjudged against the De- fendant, may be reduced and restrained by order of the Court to the principal sum or the value of the thing for which judgment shall be given, in case it shall ap- 1843.1 pear 3| hereii ^ x: sbaU munei this than ten sliil* lings, an .'^^ ; iiiii | Wii » ' iC !r*^**'iiM»iwf ^ej ' *' - '•> '— r^r* 1843 -••y copy there- ^^y opposition Junency; and ^demand and incate thereof, le rate of four he shall have V'« returning ►'ided always, y whom any one and the travelling ex- »e may have serve ; And avjng given 3 Baiiiiff or JI compound ^ * I»e would Militia shall h Plaintiff; afterwards )lour of re- ^wimons or ded for, he »me under 'arty from ' liable to 1843. 7» Victoria, Cap. 19. 19 cted, that or which lissioners' the costs s and of the De- lerofthe he thing shall ap- ■1 p0ar just to the Court to make such order; any thing herein contained to the contrary notwithstanding. XXXVL And be it enacted, that no Commission ./ CommiMioiv. shall be entitled to, or receive any recompense or re- J" /,". " muneration whatever, for any thing by him done under this Act. XXXVII. Provided always, and be it enacted, that JiJ^dcISk. every Commissioner (except the Circuit Judges afore- to take ao oath said' whose oath of office as such shall be held to*^*^*^*' extend to their duties under this Act) before proceeding to exercise his functions as such, shall take and sul> scribe an oath before some Justice of the Peace, well and duly, to the best of his judgment and capacity, to perform the duty of Commissioner as required by this Act, of which oath such Justice of the Peace shall give a copy and certificate to the Commissioner having ta- ken it, who shall cause the same to be annexed to the register of the Court in which he shall sit; and the Clerk of any such Court shall in like manner, before entering upon the duties of his office, mak<' oath before a Commissioner entitled to sit therein, faithfully and impartially to execute, to tlie best of his ability, the du- ties of his office according to the provisions of this Act, and such oath shall be entered upon tlie register aforesaid. XXXVIII. And be it enacted, that any Commis- Penalty on sioner or any Clerk, who in the execution of the trust ere^rSeSa reposed in him shall misdemean himself, or deliver to g"'ijy <>' "'»• any Bailiff or Sei^eant of Militia or other person, any SiSh^ '^ process to be by him or them distributed, sold, or otherwise illegally disposed of, shall, for each such offence, incur a penalty of ten pounds, currency, and shall be thenceforth disabled from acting as Commis- sioner or Clerk as aforesaid. 1 B * '»»S!i*>'"- i| I " 20 7« VicTORi.B, Cap. 19, 1843. hT"'"JvMed XXXIX. And be it enacted, that all pecuniary pen- anlTappropria- altles hereby imposed or incurred for offences coramit- ^'^- ted against this Act, may be sued for and recovered before any Court having civil jurisdiction to the amount of the fine or penalty, in the District in which the offence shall have been committed ; and one moiety of such penalties shall go to the person suing for the same, and the other moiety shall be paid into the hands of the Receiver General, and shall form part of the Consoli- dated Revenue Fund of this Province. Paisoswoaring XL. And be it enacted, that any wilful false swear- to be perjury, ing or false affirmation in uuy casein which an oath or afiirmation is authorized by this Act, shall be held to be wilful and corrupt perjury, and punishable ac- cordingly, ikich commiB. XLI. And be it enacted, that each Commissioner cMveVcopy of ''»PP<^i'^ted under this Act, shall be entitled to receive this Act. a printed copy thereof, in the French and English lan- guages, to be transmitted to him, in the manner by law provided for the distribution of the printed Acts of the Legislature. Interpretation clause. XLIL And be it enacted, that the words " Gover- nor of this Provinc3," wherever they occur in the fore- going enactments, shall be understood as meaning and comprehending the Governor, or the person authorized to execute the Commission of Governor within this Province for the time being ; that the words " Lower Canada," wherever they occur in the said enactments, shall be understood as meaning and comprehending that part of this Province which formerly constituted the Province of Lower Canada ; and that any word or words importing the singular number or the masculine gender only, shall be understood to include several mat- ters of the same kind as well as one matter, and several persons as well as one person, and bodies corporate as I 1843. 1 well provic text rl Distril *> In ship, To Carpt Yo D.'s r of hed( tkeci costs of be)i nooi dew giv^ da] \ --vri.r:.: MMMB • •■- .....^■^ _«,-•-' »--*.,.•- .... I 1843. 1843. 7« VicTORKE, Cap. 19. cuniary pen ices commit. Jcl recovered well as individuals, unless it be otherwise specially provided, or there be something in the subject or coii- the amount <* ^*' repugnant to such construction, which thp' 2 ie moiety of * SCHEDULE No. 1. ^or the same, hands of the ^e Consoli- FORM OF SUMMONS. 21 ilse swear- an oath " be held shable ac- imissioner receive gJish lan- er by law ts of the Cfover- the fore- "*ng and thorized \nn this Lower ■tments, lending Jtituted ord or sculine il mat- everal ate as Province of Canada, ) District of \ « In the Commissioners' Court for the Parish (Town- ship, or extra-Parochial Place, as the case may be) of I To A. B. of (A. B.^s residence,) in the said District, Carpenter, {or as the case inay be) Greeting : — You are hereby commanded to pay to C. D. of ( C. D.^8 residence,) Grocer, {^or as tfie case may be,) the sum of Currency, which he demands of ^ou as being due to him for (state briefly the cause of action,) and remaining unpaid, with his costs ; or to appear before this Court, at the house of in the said Parish {or as the case may be) of at o'clock, in the noon, of the day of next, {or instant) to answer the demand of the said C D., otherwise judgment may be given against you by default. Given under my Hand and Seal, this day of in the year of our Lord 18 ^ L. S. ^ E. F., Commissioner. WB WW ^11 .SfcL.:,;-.- ^J..J^t.■^•'%^' 22 7" VicTORivE, Cap. 19. SCHEDULE No. 2. 1843 ^ 1843.1 FORM OP 8UBP(EirA. FORT Province of Canada, ) District of \ In the Commissioners' Court for tlie Township (or, aB the case may be,) of i To Greeting : — You are hereby commanded, that laying aside all business and excuses, you (and each of you) be and appear in your proper person before this Court, at the house of in the said Parish {or as the case may be) of on the day of at o'clock in the noon, then and there to testify whatever you or either of you may know, in a cause between Plaintiff, and Defendant, pending before this Court. (If the Witness be required to bring with him any paper, or thing, mention it,) And this you or either of you shall by no means omit, under the penalties of the law. Given under my Hand and Seal, this day of 18 Dlst| the I L. S. I E. F., Commissioner. *v* am day me den tic CO of I * 1843. 7» VicToui.r Cai'. 19. SCHEDULE No. 3. 23 FORM OF A WARRANT OF EXECL TION TO LEVY A SUM OP MON^'Y. I Greeting .-^ -^ 'ng aside all you) be and oun, at the "» (or as the day of noon, or either of defendant, be required mention it,) ieans omit, returning lo be, after Jiav- 4 'u are further ^^f rant, with the Parish (or as or before the day of I ssioner. '^MMJV "f, as the ting :-^ residence and profession, trade or calling,) you are here- by commanded for assuring the payment of the sum of pounds due him by C. D., of (C £).'« residence and prof ession, trade cr calling,) under Judgment of this Court, {state briefly the subject and date of the judgment,) to seize and at- tach in the hands of E. F., of {E. F.^s residence and profession, trade or calling,) all sums and things generally whatsoever, which he owes or shall owe on any account whatsoever, or shall have in his hands belonging to the said C. D., strictly pro- hibiting him from parting with the same, on pain of paying the same twice, and of being personally liable for the sum so due to the said A. B., as aforesaid. And you are further commanded to summon the said C. D. and E. F. to appear before this Court, at the house of in the said Parish, (or as the case may be) of , on the day of next, (or instant) at o'clock in the noon, the said C. D. to show cause why this attachment (saisie arriti should not be declared good and valid, and the said E. F. to make his declaration under this warrant ; notifying them that otherwise order may be made in the matter by default ; and have you then and there this warrant, with your doings thereon. Given under my Hand and Seal, this day of 184 G. H., Commissioner. L.S. 25 ^. £.' 26 T Victoria, Cap. 19. SCHEDULE No. 5. 1843. FORM OP A WARRANT OP SJIISIE GAGERIE. Province of Canada, > District of J In the Connmissioners' Court for the Township (or, as the case may be) of To any Bailiff in the said District of Greeting :- At the instance of A. B. of you are hereby commanded to distrain, by Saisie Gagerie, all the goods and chattels belonging to C. D., of ( C. D*s residence, and profession, trade or calling,) and being in the house by him occu- pied, {or the produce and ejfccts in the barns and other buildings occupied by the said C. D.) for the surety and payment of the sum of due by the said C. D. to the said A. B. for the rent of the said premises, held by him of the said A. B. And you are further commanded to summon the said C. D. to appear before this Court, at the house of , in the said Township (or as the case may be) of at of the clock in the noon, on the day of instant, (or next) to answer the demand of the said A. B., and to show cause why the said Saisie Gagerie should not be declared good and valid ; notifying the said C. D. that if he fail so to ap- pear, either in person or by his Attorney, judgment .'^■^ 1843. 1843. 7o ViCTORiiE, Cap. 19. 27 ^GERiE. isliip (^oj.^ as ^feeting:^-. you «e Gagerie, ;., of profession, "im occu- s and other surely and clue by entoftli'e 1 the said '^jp (or as of • answer Lise why ood and o to ap- idgment I 4«> may be given against him by default ; — and have you then and there this warrant with your doings thereon. Given under my Hand and Seal, this day of , in the year of Our Lord 18 L.S.i E. F., Commissioner. SCHEDULE No. 6. FORM OP A WARRANT OP SATSIE REVENDICA- TION. Province of Canada, ) District of \ In the Commissioners' Court for the Township (w as the case may he) of To any Bailiff in the said District of Greeting :■ At the instance of A. B., of {A. B.*s residence or profession, trade or calling,) you are hereby commanded to seize a certain cart painted red, (or as the case may be) to be further described and pointed out to you by the said A. B., and which he claims as being his property, unjustly detained from him by C. D., of (C Z).*s residence and profes- sion, trade m' callings) and safely to keep the said cart, so as to have the same forthcoming to abide the judg- ment to be given in the case. 28 7o Victoria, Cap. 19. 1843. And you are further commanded to summon the said C. D. to appear before this Court, at the house of in the said Township (oi- as the case may be) of at o'clock in the noon, on the day of instant, {or next,) to answer the demand of the said A. B., and to show cause why the said seizure should not be declared good and valid, and the said cart to be the property of the said A. B. ; notifying the saidC. D., that if he fail so to appear, either in person or by his Attorney, judgment may be given against him by default ; and have you then and there this warrant, with your doings thereon. Given under my Hand and Seal, this day of , in the year of Our Lord 18 w £. F., Commissioner* L.S. r^--;:^.*^?. .;f.-/ ,■ 1843. mon the said lip (or- as the ►'clock in tile of inandoftiie said seizure »nd tlie said otifying the ir in person ven against ^ there tliis ear of Our oner, f