Witnesses not

to receive al

lowance out of public mo

ney, except in

certain cases

and on certain conditions.

Disbursements only, unless poor and needy

If poor and needy, allowance for loss of time.

Affidavit that the amount

correct, &c., and before whom.

1. No witness at the trial of any case of felony or misdemeanor, shall receive any allowance as such out of any public money, nor shall any order be made by any Court, Judge, Recorder, Inspector and Superintendent of Police, or presiding Justice of the Peace, for the payment of any such witness out of public money, except upon the certificate of the Attorney General or Solicitor General or other prosecuting Officer on the part of the Crown, or of the Clerk of the Peace or other Public Officer prosecuting a felony or other offence in the Court of Quarter Sessions or Recorder's Court, or before any other competent tribunal, that such witness, being subpoenaed or bound by recognizance to give evidence on the part of the Crown in such case, is entitled under this Act to the sum mentioned in such certificate, which sum shall be ascertained as follows:

1. Unless the witness be poor and needy, he shall be entitled only to his actual travelling expenses from the place of his residence to the Court and back, and just actual disbursements for board and lodging not exceeding the rate of one dollar per day, while detained in attending the Court at a place where he does not reside;

2. If the witness makes affidavit before the Court, Judge, Recorder, Inspector and Superintendent of Police, or Justice of the Peace, that he is poor and needy, he may also be allowed a reasonable sum for his trouble and loss of time, not exceeding in any case the rate of one dollar per day ;

3. Any witness may, before receiving such certificate, be demanded is required to make affidavit that the sum he demands for disbursements or for trouble and loss of time, or both, is true and correct, and to answer on oath any pertinent question touching the same, which shall be put to him by the Court, Judge, Recorder, Inspector and Superintendent of Police or presiding Justice of the Peace, or by the proscenting Officer or person who is to sign the certificate.

Order of

pœnas without paying fees.

2. The defendant in any case of felony, shall not obtain Judge, &c. to Subpoenas for necessary witnesses for his defence without paybe required to enable defend- ment of fees, in the manner now used, except upon the order of ant in felony some Judge of the Court in which the case is to be tried, or of to obtain sub- the prosecuting Officer in the case, which order shall be granted on the affidavit of the Defendant that he is poor and needy, and that such witnesses are necessary to the defence, and the lawful fees of the proper officer issuing such Subpœnas, shall then (but not otherwise) be paid as they now are; but no expenses of serving such Subpoenas shall hereafter be paid out of any public money; Provided always, that in cases of misdemeanor or other offences less than felony, no expenses for subpoenas or service of subpoenas on the part of the Defendant, shall be paid out of any public money, in whatever Court such case be tried.

Proviso.

Court.

3. Whenever default is made in the condition of any re- Forfeited recognizance lawfully entered into or taken in any criminal case, cognizance in criminal cases proceeding or matter in Lower Canada, so that the penal sum in Lower therein mentioned becomes forfeited and due to the Crown, Canada to be such recognizance shall thereupon be estreated or withdrawn certified to the from any record or proceeding in which it may be, or a certi- Superior ficate or minute of such recognizance under the seal of the Court shall be made from the records of such Court where the recognizance has been entered into orally in open Court, and such recognizance, certificate or minute, (as the case may be,) shall be transmitted by the Court, Recorder, Inspector and Superintendent of Police, Justice of the Peace, or Magistrate or Functionary before whom the cognizor (or the principal cognizor where there is a surety or sureties) was bound to appear or to do that by his default to do which the condition of the recognizance is broken, to the Superior Court in the District in which the place where such default was made is included for civil purposes, with the certificate of the Court, Recorder, Inspector and Superintendent of Police, Justice of the Peace, Magistrate or other Functionary as aforesaid, of the breach of the condition of such recognizance, of which and of the forfeiture to the Crown of the penal sum therein mentioned such certificate shall be conclusive evidence: And the date of the receipt of such recognizance Judgment to or minute and certificate by the Prothonotary of the said be entered Court, shall be indorsed thereon by him, and he shall enter judgment in favor of the Crown against the cognizor (or cognizors) for the penal sum mentioned in such recognizance, and execution may issue therefor after the same delay as in other cases, which shall be reckoned from the time when the judgment shall have been entered by the Prothonotary of the said Court, and such execution shall issue upon fiat or præcipe Execution on of the AttorneyGeneral or Solicitor General for Lower Canada, fiat of Attor or of any person thereunto authorized in writing by either of ney General, them; and the Crown shall be entitled to the costs of execution and to costs on all proceedings in the case subsequent to execution, and to such costs for the entry of the judgment as may be fixed by any tariff: Provided always that nothing Proviso. herein contained shall prevent the recovery of the sum forfeited by the breach of any recognizance from being recovered by suit in the manner now provided by law, in any case where the same cannot for any reason be recovered in the manner provided in this section.

thereon.

&c.

4. This Act shall apply only to Lower Canada; and so Repeal of inmuch of the thirty-fifth section of the Act of the Legislature of consistent Lower Canada, thirty-fourth George the Third, chapter six,- enactments. or of the twenty-fourth section of the Act of the said Legislature, thirty-ninth George the Third, chapter nine,-or of the first section of the Ordinance of the Legislature thereof, second Victoria, chapter fifty-six,--or of the twenty-third or forty-ninth section of the Act of the Legislature of Canada,

fourth

Interpretation.

Preamble.

20 V. c. 32.

fourth and fifth Victoria, chapter twenty-four,---or of the ninety-seventh section of the Act of the said Legislature, twelfth Victoria, chapter thirty-eight,---or of the third, eighth or fifteenth section of the Act of the said Legislature, fourteenth and fifteenth Victoria, chapter ninety-five,-or of the thirteenth section of Act of the said Legislature, passed in the same year, chapter ninety-six,--or of any other part of the said Acts or Laws or of any other Act or Law, as may be inconsistent with any provision of this Act, shall be and is hereby repealed, but such provisions thereof as are consistent with this Act shall remain in force and apply to the cases to which this Act applies.

5. The word "cognizor" in this Act, shall include any number of cognizors in the same recognizance, whether as principals or sureties, unless such interpretation be inconsistent with the context.

CAP. XXIX.

An Act to legalize certain proceedings taken by Agricultural Societies in Lower Canada.

W

[Assented to 24th July, 1858.]

HEREAS certain irregularities have occurred in the election of the Officers of Agricultural Societies in Lower Canada, which took place at the period indicated by 20 V. c. 49. the Act twentieth Victoria, chapter forty-nine; And whereas an erroneous interpretation of the Act twentieth Victoria, chapter thirty-two, has caused certain Agricultural Societies in Lower Canada, composed of more than forty persons, contributors to an amount exceeding twenty pounds currency, to be of opinion that the said Act rendered it unnecessary for them to subscribe to the declaration and form contained in Schedule A of the Act first above cited; And whereas it is expedient to extend the period limited for the organization of Agricultural Societies where such societies have not already been organized in Lower Canada; And in consideration of the advantages which result from the proper working of the said Agricultural Societies: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

Election of officers of Agricultural Societies un

der 20 V., cap. 49, declared valid.

1. Elections of officers of Agricultural Societies which have taken place in the different counties of Lower Canada at the period enacted by the Act twentieth Victoria, chapter fortynine, are hereby declared valid, and the said Officers shall be entitled to exercise all the powers, and to discharge all the duties, conferred and enumerated by the Act last cited and by the Act twentieth Victoria, chapter thirty-two, with reference to Agricultural Societies in Lower Canada; if however, in any

Where two

but one.

any county in which but one Agricultural Society ought to Proviso: exist, two Societies have been organized in opposition one Societies have to the other, that Society which has been or shall be admitted been formed by the Board of Agriculture shall be the legally organized where there Society, and shall enjoy all the rights and privileges conferred ought to be upon Agricultural Societies: Provided always that the fore- Proviso: this going provision shall not apply in any way to the County of sect. not to apTemiscouata, but in that County the Agricultural Society ply to county organized on the twenty-second day of January last, at the Chef-lieu of the County in the Circuit Court, in the Parish of Isle-Verte, is and shall be the Agricultural Society of the said County of Temiscouata, and shall be entitled to enjoy all the rights and privileges conferred on Agricultural Societies in Lower Canada, any law to the contrary notwithstanding.

of Temiscoua

ta, &c.

scribed under

2. The said Agricultural Societies organized as aforesaid in Declaration conformity with the provisions of this Act, shall nevertheless must be subsubscribe to the declaration in the form contained in the said 20 Vict. c. 49.. Schedule A of the said Act twentieth Victoria, chapter fortynine; and the said declaration shall then be deemed to be subscribed to in conformity with the provisions of the Act last above cited.

ty, notwith

3. Notwithstanding the provisions of the Act twentieth A Society may Victoria, chapter forty-nine, which enacts and provides that the be organized election of the president, vice-president and directors should in any Countake place within the three first weeks of the month of January standing the last for the current year, it shall be lawful for the inhabitants provisions of of any County in Lower Canada, upon conforming to the other 20 Vict. c. 49, requiring that provisions of the Act last above cited, to organize an Agricul- the President, tural Society, and to elect the president, vice-president and &c. should be directors, at any meeting called for that purpose by the Warden or a Justice of the Peace in the county, upon the requisition of at least three persons entitled to vote at the election of the officers aforesaid.

elected in January last.

4. If on the day and at the hour and place at which such Who may pre-. meeting is to be held, the said Warden or Justice of the Peace side at the be absent, any person selected by the majority of the persons' the absence of meeting, in present, and entitled to vote at such election shall preside, and the Warden. shall discharge, in so far as concerns the said election and the acts relating thereto, all the duties imposed upon the president of any such meeting.

Board of

5. The proceedings at such mecting shall be transmitted to Proceedings the Board of Agriculture by the person who shall have presided to be transthereat; and if such person shall neglect or refuse to transmit mitted to the a report of the said proceedings to the Board of Agriculture, Agriculture, whether such proceedings shall have been had since the first and by whom. day of January last or shall be had after the passing of this Act in conformity therewith, it shall be lawful for not less than three persons who shall have been present at such meeting, to

draw

If the Procès verbal be objected to as irregular.

Proceedings

declared valid Board, legal

by the said

ized.

Public Act,

draw up a procès-verbal setting forth the result of such meeting, and giving the names of the officers elected for such Agricultural Society, whether the same be for a county or for the division of a county, as the case may be; And the said procèsverbal shall be transmitted to the Board of Agriculture, and shall be considered to be an official report of the proceedings of such meeting; if however it be objected that the said report is false and irregular, the Board of Agriculture shall decide the matter in dispute, and its decision shall be final.

4. The Agricultural Societies which have transmitted reports of the proceedings at their meetings to the Board of Agriculture, and of which the proceedings have been declared to be valid by the said Board of Agriculture, are hereby legalized notwithstanding any irregularities in such proceedings.

7. This Act shall be a Public Act, shall apply to Lower and duration. Canada only, and shall expire on the twenty-ninth day of September next.

Preamble.

CAP. XXX.

An Act to amend the Act passed in the eighteenth year of Her Majesty's Reign, chapter one hundred and fifty-nine, intituled, An Act to amend and consolidate the provisions contained in the Ordinances to incorporate the City and Town of Quebec, and to vest more ample powers in the Corporation of the said City and Town.

W

[Assented to 24th July, 1858.]

HEREAS it is expedient to repeal in part, and to amend the provisions of an Act passed in the eighteenth year of 18 V. c. 159. Her Majesty's Reign, intituled, An Act to amend and consolidate the provisions contained in the Ordinances to incorporate the City and Town of Quebec, and to vest more ample powers in the Corporation of the said City and Town: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

Section 2 repealed.

Boundaries of the City of Quebec enlarged and described.

1. The second section of the said Act shall be and is hereby repealed.

2. All the tract of land which in and by a certain Proclamation of His Excellency Sir Alured Clarke, Lieutenant Governor of the Province of Lower Canada, issued under the Great Seal of the Province, and bearing date the seventh day of May, one thousand seven hundred and ninety-two, is described as being comprehended within the City and Town of Quebec, and which it was declared by the said Proclamation should be thenceforward called by that name, as well as all land extending

to