under or with the Company, shall be capable of being chosen a Director, or holding the office of Director," in the said section the words, "nor shall any person being a Director of the Com- New provision pany enter into, or be directly or indirectly, for his own use added to paraand benefit, interested in any contract not relating to the pur- said section. graph 8 of the chase of land necessary for the Railway with the Company, or be or become a partner of any contractor with the Company; and no contracts for works of construction or maintenance of Railways, except works of ordinary repair, or of immediate necessity, shall be entered into until after tenders for such works respectively shall have been invited by public notice therefor, given for at least four weeks in some newspaper published in the place nearest to the work required to be done; but no Company shall be compelled to accept of any such tender; and in the event of any such contract made after the passing of this Act by or on behalf of any Director, an action shall lie in any Court of Common Law, or other Court of competent jurisdiction against such Director, at the suit of any Shareholder or Stockholder of the Company, for the benefit of the funds thereof, for the whole amount of profit accruing to such Director from the Contract so made or fulfilled.” line of a Rail tain purposes. 2. Any Railway Company desiring at any time to change Changes may the location of its line of Railway in any particular part for the be made in the purpose of lessening a curve, reducing a gradient, or otherwise way at any benefitting such line of Railway, or for any other purpose of time for cerpublic advantage, is hereby empowered to make such change; and all and every the clauses of the said Act shall refer as fully to the part of any such line of Railway so at any time changed or proposed to be changed as to the original line. "Provided that no Railway Company shall have any right "to extend its line of Railway beyond the termini mentioned "in the Act incorporating such Company." 66 "No Railway Company shall avail itself of any of the powers contained in the fifteenth sub-section of the ninth "section of the Act passed in the Session held in the fourteenth "and fifteenth years of Her Majesty's Reign, chapter fifty-one, "without application to the Board of Railway Commissioners, "constituted by the seventeenth section of the Act, intituled, "An Act to make provision for the construction of a Main "Trunk Line of Railway throughout the whole length of this "Province,' of which application notice in writing shall be "given to any other Railway affected, by sending same by "mail, or otherwise, to the address of the President, Superin"tendent, Managing Director or Secretary of any such Railway "Company, for approval, of the mode of crossing, union or "intersection proposed; and when such approval shall have "been obtained, it shall be lawful for either Railway, in case "of disagreement as to the amount to be paid for compensation, "to proceed for such compensation as provided in the said "sub-section." Act to apply to all Railways. "It shall be lawful for the Directors of any Railway Company at any time, and from time to time, to make and enter "into any agreement or arrangement with any other Company, "either in this Province or elsewhere, for the regulation and "interchange of Traffic passing to and from the Railways of "the said Companies, and for the working of the Traffic over "the said Railways respectively, or for either of those objects "separately, and for the division and apportionment of tolls, "rates and charges in respect of such Traffic, and generally in "relation to the management and working of the Railways, or 66 any of them, or any part thereof, and of any Railway or Rail"ways in connection there with, for any term not exceeding "twenty-one years, and to provide, either by proxy or other"wise, for the appointment of a Joint Committee or Committees "for the better carrying into effect any such agreement or "arrangement, with such powers and functions as may be "considered necessary or expedient, subject to the consent of "two-thirds of the Stockholders voting in person or by proxy." The provisions of this Act shall, from the passing thereof, apply to every Railway made or to be made in this Province, but shall not apply to any thing done heretofore. CAP. V. Preamble. Inscription for enquête and hearing at the same time. An Act further to amend the Judicature Acts of [Assented to 30th June, 1858.] WHEREAS it is desirable further to amend the Laws in force in Lower Canada, relative to the Administration of Justice: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: Procedure---Enquête and Hearing. 1. Whenever any party to a case then pending in the Superior Court is desirous that such case be heard on the merits as soon as the evidence is closed, such party may at the same time inscribe the case for the adduction of evidence and for final hearing on the merits, and it shall accordingly be so heard as soon as the witnesses present have been heard and notes of their evidence taken, unless the Court deems it conducive to justice to adjourn the case in consequence of the absence of a material witness or other evidence: And the inscription of any such case may be made for any named day during term, or for such days in term, or for such enquête days, Proviso: such as hereinafter provided. Provided always, that if either party inscription shall in his declaration, plea, answer or reply in any such case, obligatory in certain cases notify his option that such case be inscribed (at the proper Days for enquetes, &c. time) for the adduction of evidence and final hearing on the at the option merits at the same time, or if either party shall, before the ins- of either cription of such cause for the adduction of evidence, have party. notified to the other his option that such cause be inscribed for the adduction of evidence and final hearing on the merits at the same time, then, in either case such cause shall be necessarily so inscribed, and it shall not be in the power of either party to inscribe it otherwise. made appoint 2. A majority of the Judges of the Superior Court resid- Rules of pracing in the District of Quebec or in that of Montreal,---or tice may be any Judge of the said Court when in any other District,- ing days for may, by any Rule of Practice to be by them or him enquête and from time to time made, and promulgated by any Judge hearing at sitting in term in the same District, appoint special days in term for the adduction of evidence and final hearing on the merits at the same time, in cases before the Court in such District ;--And any such Rule may be repealed or altered by any subsequent Rule made and promulgated in like manner: : same time. And whenever such special days in term are so appointed in Effect of such any District, no case shall be there inscribed for the adduction rules. of evidence and final hearing on the merits at the same time, on any other day in term and cases so inscribed shall on such days have precedence over other cases or business before the Court inscribed or fixed for such days, except only cases taken en délibéré and in which judgment is to be rendered. pose from 3. A majority of the Judges of the Superior Court resid- Special days ing in the District of Quebec or in that of Montreal, or any may be apJudge of the said Court when in any other District,--may, by the said purpointed for any Rule of Practice to be by them or him from time to time made and promulgated by any one Judge sitting in term in the among the same District, appoint special days among those then appointed enquête days. as enquête days, to be the days for which cases may be inscribed for the adduction of evidence and final hearing on the merits at the same time,--and any such Rule may be repealed or altered by any subsequent Rule made and promulgated in like manner :--- And whenever such special days among the enquête days are so appointed in any District, cases may be inscribed for the adduction of evidence and final hearing on the merits at the same time, on such days, as if they were special days in term appointed for such purpose under the next preceding section, and the Judge presiding may adjudicate upon such cases and exercise all judiciary powers with respect to them, as if sitting in term ;---And any Cases not ficase inscribed for any such special day as aforesaid, if not nished may be terminated or adjudicated upon on such day, may be adjourned. adjourned to any of the subsequent days so appointed as aforesaid from among the enquete days, or to any day in term, or to any day in term appointed for the adduction of evidence and final hearing of cases at the same time. When judg ment may be rendered in cases so inscribed. Cases so in 4. If any case inscribed for the adduction of evidence and final hearing on the merits at the same time, on any of the days appointed as aforesaid from among the enquête days, is taken en délibéré, judgment may be rendered therein on any other of such days, or on any day in term :---And if any case inscribed for the adduction of evidence and final hearing on the merits on any of the special days in term appointed for that purpose by any Rule of Practice, is taken en délibéré, judgment may be rendered therein on any day in term, or on any of the special days appointed from among the enquête days, for the adduction of evidence and final hearing of cases at the same time. 5. Any case inscribed for the adduction of evidence and final scribed to have hearing on the merits at the same time, on any of the special days precedence on certain days. appointed as aforesaid from among the enquête days, shall have precedence over any case inscribed or fixed for enquête only on such day, but not over any case taken en délibéré and in which judgment is then to be rendered. By consent, enquête may be taken as before the Act of 1857. 6. With the consent in writing of all the parties to any case in the Superior Court, the enquête and evidence therein may be taken in the manner in use before the coming into force of the Lower Canada Judicature Act of 1857, notwithstanding any thing to the contrary in that Act, subject to such additional costs and fees as may from time to time be fixed by any tariff; Proviso as to But in all cases in the said Court in which such consent in additional writing is not given, the enquête shall be taken in the manner prescribed by the said Act. costs. : Certain pow ers of Judges at enquêtes. Articulation of facts may be dispensed with in certain cases. 7. Any Judge of the said Court presiding at enquéle in term or out of term, either in the said Court or in the Circuit Court, shall have the same power to fine witnesses for non-attendance and to commit for contempt, as when sitting in term. S. With the consent in writing of all the parties to any case in the Superior or Circuit Court, the statement (articulation) of facts required by the seventy-fourth section of the Lower Canada Judicature Act of 1857, may be dispensed with in such case, and neither the said section nor any other provision of the said Act respecting or depending on such statement of facts shall, after such consent, apply to such case, which may accordingly be inscribed for the adduction of evidence and final hearing on the merits, or proceedings may be had for bringing the same to trial if it is to be tried by a jury, at any Not to apply time after issue joined: This section shall not apply to non to non-appeal appealable cases in the Circuit Court, no statement of facts being required to be filed in such cases. able cases. Taxation of any witness to stand as a judgment in his favour. 9. The taxation of any witness in the Superior or in the Circuit Court, shall stand as a judgment in his favour for the amount of such taxation, against the party on whose behalf he was summoned; And if such sum be not paid, execution may issue accordingly at the expiration of the delay allowed for the issue of execution on judgments in the same Court, such delay being reckoned from the date of the taxation. 10. Whenever in any case in the Superior Court or Cir- Expertise may cuit Court, the subject matter of litigation, or any material ques- be ordered by tion incident thereto, is such that it ought to be referred to and consent,-or ex officio in investigated by experts, the Court or the Judge presiding at the certain cases. enquête may, upon the motion of any of the parties, order an expertise according to law, before the adduction of evidence; And the Court or the Judge presiding at the enquête in any case in either of the said Courts, may order an expertise ex officio, either before any evidence is adduced or at any time during the enquête, if in his opinion the subject matter of litigation or any material question incident thereto, is one which according to law ought to be referred to and investigated by experts. Judgments in Vacation, in certain cases. be obtained in 11. If any plaintiff desires to obtain judgment in vacation In default or in any case in the Superior Court, or in any appealable case in ex parte cases, the Circuit Court or any non-appealable case therein returnable judgment may in vacation, in which the defendant shall have made default or vacation. in which for any other reason the plaintiff shall be entitled to proceed ex parte, then provided the demand in such case be founded,-- 1st.---On any Acte Authentique, or-- If the action be founded on certain 2dly.---On any bill of exchange or promissory note, cédule, grounds. check, note or promise, or other act or private agreement in writing enumerated in section eighty-seven of the Lower Canada Judicature Act of 1857, or-- Notes, &c. 3rdly.---On any account stated in detail between trader and Accounts. trader, or between trader and non-trader, or between nontraders for goods sold and delivered, or for any article or thing sold and delivered, or for money lent, or-- 4thly.---On any verbal and specific agreement, by which any Agreements. party shall have promised to pay a sum of money certain,-- Such plaintiff may forthwith inscribe the case for judgment Inscription; in vacation,---and the Prothonotary, if it be a case in the and rendering Superior Court, or the Clerk, if it be a case in the Circuit of judgment. Court, shall thereupon draw up a judgment accordingly for the amount claimed by the plaintiff, and appearing to be due by any such acte authentique, bill of exchange or promissory note, cédule, check, note or promise, or other Act or private agreement in writing, account or agreement as aforesaid whereon the demand is founded,--which judgment shall be held to be the judgment of the Court and shall be recorded and executed |