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the like effect, shall be evidence of the service, and the person so served shall be bound to appear according to the exigency of the Writ, and if he fails so to appear, the plaintiff' may proceed as in case of default, and as if the service had been made within the limits of the ordinary jurisdiction of the Court :--Provided always, that there shall be between the day of service Proviso: delay of the Writ and that on which the defendant is commanded to vice and ap appear, at least ten days if the action is in the Superior Comit, pea.ance. and at least five days if the action is in the Circuit Court for the first five leagues, and one day more in either Court, for every additional five leagues of the distance of the place where the service is made from that where the sittings of the Court are held ---And provided also, that nothing in this section shall Proviso: not oblige the plaintiff to adopt the proceeding hereinabove men- to prevent tioned, or prevent such defendant from being notified to appear fendant by adby advertisement in the manner provided by the ninety-fourth sec- vertisement. tion of the Lower Canada Judicature Act of 1849, chapter thirtyeight, if the plaintiff prefers to proceed under the said section.

calling in de

of L. C-pro

And provided further, that the service and return of any Service in U. writ in Upper Canada under this section, may be made by C. by Bailiff any Bailiff of the Superior Court for any District in Lower viso as to Canada, but such Bailiff shall be entitled to no more costs and costs. emoluments for serving and returning the same, than a Bailiff of the County Court for the County in Upper Canada where the service is to be made, would have been entitled to for so doing.

59. The tenth section of the Act to amend the Act to amend Sect. 10 of 16

Court.

to

the Laws relative to the Courts of original Civil Jurisdiction in apply to cerLover Canada, passed in the sixteenth year of Her Majesty's tain cases in Reign, shall apply to parties in appealable cases in the Cirenit the Circuit Court at Montreal and Quebec, and to non-appealable cases therein returnable in vacation,---and also to parties to cases in the Superior Court, or to appealable cases in the Circuit Court, or non-appealable cases therein returnable in vacation, in every other District, except only the Districts of Gaspé and Saguenay, and the new District of Chicoutimi hereinafter mentioned ;so that (except in the Districts last mentioned,) no party to any such suit or case shall be compellable to file any plea, answer or reply, or to take any step or otherwise proceed therein, Eetween the tenth day of July and the last day of August, both inclusive, in any year, save only as excepted in the said section and subject to the provisions thereof.

·

Ver lict of

the facts de

60. The subsection or paragraph marked "Thirdly," of Jury need not the fourth section of the Act passed in the Session held in the be special, nor fourteenth and fifteenth years of Her Majesty's Reign, intituled, fined by the An Act to amend the Act, intituled, An Act to regulate the sum- Judge if there moning of Jurors in Lower Canada,' is hereby so far amended be consent. as to permit the trial by Jury in any civil cause 10 Le had 1,15 V. c. without any definition of the fact or facts to be inquired of by 3, repealed to

the

9, s. 4, par.

a certain extent.

Sect. 20 of 12

V. c 41, revived, and

right of appeal thereby allow ed, restored.

the Jury, and to enable the Jury to return a general verdict in such cause, provided the parties shall have consented thereto in writing.

61. The first section of the Act passed in the sixteenth year of Her Majesty's Reign, chapter one hundred and ninety-nine, repealing the twentieth section of the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to define the mode of proceeding before the Courts of Justice in Lower Canada, in mallers relating to the protection and regulation of Corporate rights and to Writs of Prerogative, and for other purposes therein mentioned, is hereby repealed; and the said twentieth section shall revive and be again in force, except as hereinafer mentioned, and the right of appeal thereby allowed shall exist with respect to all judgments rendered after the passing of this Proviso: delay Act, provided the Writ of Appeal in any such case be issued for issuing within forty days from the rendering of the judgment appealed from, but not otherwise, except always that the said section shall not revive with respect to cases or matters concerning City of Municipal Corporations, or any oflice or officer of any such Corporation, nor shall any right of appeal exist under the said section with respect to any such case or matter.

writ.

Proviso: costs limited.

Law of Evi

dence in com

mercial mat

ters to apply

to certain cases.

As to Counties or Dis

tricts bounded by Rivers.

Proviso to sect. 1 of 16

V c. 125, repealed.

62. No defendant sued before the Circuit Court at the Chef-lieu shall be liable to pay more costs (including the taxation of witnesses) than he would have been liable to pay if he had been sued before the Circuit Court in and for the County in which he resides, (if the Circuit Court has been directed to be held in such County) provided the case of action has originated in the said County.

63. The Law relating to proof of all facts concerning commercial matters, in force in Lower Canada, shall apply to any sale or delivery made or to be made by a non-trader to a trader, of any provisions, produce, effects or things.

Miscellaneous Provisions.

64. For the removal of doubts, it is declared and enacted, that in Lower Canada, wherever both banks of any River are in any District or County, then the River itself is within such District or County--whenever one bank of any River is in one District or County and the opposite bank is in another, then the centre of the main channel of the River is the boundary between the two Districts or Counties, each of which extends to the centre of such main channel ;---and wherever any River or portion of a River is in any County it is also within the District of which such County forms part.

65. The proviso contained in the first section of an Act passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to amend an Ordinance passed in the second year of Her Majesty's

'

Kamouraska.

Majesty's Reign, intituled, An Ordinance concerning the erection of Parishes and the building of Churches, Parsonage Houses and Church-yards,' is hereby repealed: Provided always, Proviso: as to that the Commissioners at present appointed for the District of District of Kamouraska shall be empowered to continue to final judgment all proceedings instituted before them, and in all such matters their jurisdiction shall extend and shall be deemed to have hitherto extended to the present Districts of Kamouraska and Rimouski.

66. The one hundred and forty-seventh section of the Sect. 147 of Lower Canada Judicature Act of 1857, is declared and enact- 20 V. c. 44 ed to apply to the Recorder or Inspector and Superintendent of declared to Police at either of the Cities of Quebec or Montreal or to any corders, Inapply to ReJustices of the Peace, when holding or sitting in the Court of spectors of Quarter Sessions, as giving to such Recorder or Inspector and Police, &c. Superintendent of Police, or such Justices of the Peace when holding or sitting in any such Court of Quarter Sessions, power to close or continue the term thereof in the cases provided for by the said one hundred and forty-seventh section of the Act lastly mentioned.

67. And inasmuch as by the twenty-first subsection of sec- Interpretation tion five of the Interpretation Act, (which applies as well to the Act (12 V. c. Lower Canada Judicature Act of 1857, as to the Lower Canada 10) and 12 V. c. 42, cited. Judicature Act of 1849, chapter thirty-eight, and to the Act of 1849, chapter forty-two, to abolish imprisonment for debt, and for the punishment of fraudulent debtors in Lower Canada, and for other purposes, and to all Acts passed in or since the Session of 1849,) it is provided that if by any such Act "Any party be directed to be imprisoned or committed to prison, such imprisonment or committal shall, if no other place be mentioned, be in or to the Common Gaol of the locality in which the order for such imprisonment shall be made, or if there be no Common Gaol there, then in or to that Common Gaol which shall be nearest to such locality," and it is expedient to define which shall be deemed the nearest Common Gaols in or to which any party may be imprisoned or committed upon any order for such imprisonment, made in any civil suit or proceeding in the Superior or Circuit Court, or in any Commissioners' Court, in any New District, or by any Justice of the Peace in the exercise of his jurisdiction or powers in any civil case or proceeding in any New District, or in any civil case or matter in which any person may be imprisoned or committed to prison; Therefore, until a Gaol has been built in any New District and has become the Common Gaol thereof, by virtue of any proclamation appointing the Which shall day when the said Lower Canada Judicature Act of 1857, be the common Gaols of shall be in force in such District for all purposes of the the New Disadministration of Justice in Criminal matters, the Common tricts under Gaols which shall be held to be nearest to the said New 20 V c. 44, respectively. Districts respectively, and in and to which such imprisonment

soners

or committal as aforesaid under any order, writ, process or proceeding in the said New Districts respectively, shall be as follows:

The Common Gaol in and for the District of Montreal, shall be deemed the nearest to the Districts of Terrebonne, Joliette, Richelieu, St. Hyacinth, Bedford, Iberville and Beauharnois;

The Common Gaol in and for the District of Quebec, shall be deemed the nearest Common Gaol to the Districts of Arthabaska, Beauce, Montmagny and for the new District of Chicoutimi hereinafter mentioned and Saguenay;

And the Common Gaol in and for the District of Kamouraska, shall be deemed the nearest Common Gaol to the District of Rimouski;

Keepers to And the keepers of each of the said Common Gaols resreceive pri- pectively, shall receive and therein safely keep until discharged or bailed in due course of law, all persons to be imprisoned or committed to prison in cases arising in such New Districts. respectively as aforesaid:

Proviso: as to Provided always, that for all purposes of the administration the Old Dis- of Justice in Criminal matters, the Common Gaols in and for tricts. the Old Districts, as constituted before the passing of the said Lower Canada Judicature Act of 1857, shall continue to be the Common Gaols for the said Districts as then bounded, until the said Act fully comes into effect in the New Districts for all purposes of the administration of Justice in Criminal

All Common

matters.

68. And for the avoidance of doubts, it is declared and Gaols declared enacted, that every Gaol in Lower Canada, whether in any of to be Houses of the Old or in any of the New Districts, is and has been the House Correction. of Correction for the District or Districts of which it is the Common Gaol, and shall be so unless and until another building is by law made the House of Correction for such District or Districts, and this provision shall apply to any Gaol hereafter to be built.

Local jurisdiction of JustiPeace for the Old Districts under the Act

ces of the

20 V. c. 44.

69. Every Justice of the Peace for any of the Old Districts existing before the passing of the said Lower Canada Judicature Act of 1857, whether appointed as such before or after the passing of the said Act, but before the time to be appointed in any Proclamation under the fourth section thereof (as hereby amended) for its coming fully into effect in criminal matters, resident at that time in any of the New Districts constituted by the said Act, or in the new District of Chicoutimi hereinafter mentioned, shall, by virtue thereof and without any new Commission or oath of office, or other formality, be a Justice of the Peace for all purposes, civil or criminal, for the New District in which he is

then

then resident, provided any part of such New District was at the time of his appointment included in the District for which he was appointed, and notwithstanding such New District may contain some part of some other of the old Districts, but he shall cease to be a Justice of the Peace for any part of such Old District which is not included in such New District.

New Districts

70. Until the day appointed by any proclamation under the How Justices fourth section of the said Lower Canada Judicature Act of 1857 of the Peace (as hereby amended) for its coming fully into effect in Criminal resident in matters, every Justice of the Peace appointed or to be appointed may designate before the said day for any of the Old Districts, (that is of the Dis- themselves in tricts existing before the passing of the said Act) who shall be Official Acts; resident in any of the New Districts thereby constituted, or in the New District of Chicoutimi hereinafter mentioned, may, in the exercise of his civil jurisdiction in such New District, or in any document, or in any act done or proceeding had by or before him of a civil nature, whether under the Elections Petitions Act of 1851, or any other law, designate himself or be designated as a Justice of the Peace for the New District in which he is resident, and over the whole of which his civil jurisdiction shall extend, (although it may include a portion of one or more of the Old Districts other than that for which he was appointed) or as a Justice of the Peace for the Old District for which he was appointed; But every Justice of the Peace ap- And in Old pointed for any of the Old Districts shall, in the exercise of his Districts. criminal jurisdiction designate himself, and be, until the day first mentioned in this section, designated as a Justice of the Peace for such Old District, within the limits whereof only he shall act as a Justice of the Peace in Criminal matters.

roners in New

44.

71. Until the said Lower Canada Judicature Act of 1857 Local jurisis brought fully into force for all purposes of the administration diction of Coof Justice in criminal matters, every Coroner in and for any Districts unone of the New Districts, may take inquisitions and make der the said investigations appertaining to his office, within the District Act 20 V. c. for which he is appointed, and may exercise all powers incident to such inquisition or investigation, and may commit any person who ought in the consequence thereof to be committed to Gaol, to the Common Gaol for the Old District including the locality in which such inquisition or investigation is had ;--And such Coroner shall certify the inquisition and investigation and the evidence and recognizances and other matters thereunto appertaining to the proper officer of the Court in which the trial is to be, before or at the opening of the Court;---Provided always, that the Coroner in and for any Proviso: as to one of the Old Districts, may also take such inquisitions and Old Districts. make such investigations in any place within such Old District, until the said Lower Canada Judicature Act of 1857 is brought fully into force for all the purposes of the administration of Justice in criminal matters.

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