118. For the establishment of a better Justices while absent attending the Court of Ap peals, s 16. Court of Appeals in Lower Canada, 141. Appeals to Her Majesty's Privy Council shall 7 Vict. c. 18, 9th Dec. 1843. 119. So much of Act L. C. 34 G. 3. c. 6, as relates to the establishment of a Court of Appeals in L. C., repealed and the Court abolished, s 1. 120. New Court to consist of all the Justices of the several Courts of Q. B., in L. C., s 2. 121. Said Court to have appellate jurisdiction, to try and determine all matters and charges that may be appealed or removed by writ of Error from all Courts, s 3. 122. New Court to have all powers of the old, not inconsistent with provisions of this Act, s 4. 123. Order of precedence among the Justices of the Court, s 5. 124. Three terms of the Court to be holden every year at times specified, s 6. 125. Four Justices to form a quorum, s 6. lie from the Judgment of the Court of Appeals of 142. Records of the former Court of Appeals to be L. C., as before the passing of this Act, s 17. transmitted to, and form part of the Records, &c. of new Court, s 18. 143. All Judgments of former Court to be valid as if this Act had not passed, s 19. 144. Proceedings pending in former Court to be con tinued and determined in the new Court, s 19. 145. Provision for the return of Writs or Process issued out of the former Court, s 20. 146. All parts of Acts and Ordinances inconsistent with this Act, repealed, s 21. 147. Interpretation Clause, s 22. 148. Act to commence from and after the twentyfirst day of April, 1844, s 23. 126. Justices of the Court whence an Appeal is 149. To provide for the Summary trial made not to sit in the Court of Appeals, s 7. 127. Proceedings concurred in by a majority of the Court to be binding, s 7. 128. Judgment appealed from confirmed, when the Court is equally divided, s 7. 129. Governor to appoint a Clerk of the Court, s 8. 130. The Clerk of the Court may appoint or remove a Deputy, s 8. 131. Deputy Clerk's residence and duties, s 8. 132. Clerk of the Court or his Deputy not to practice as an Attorney, &c. in Lower Canada, s 9. 133. Style of Writs and Process; and to be in the English and French Languages, s 10. 134. If the Court shall be without a quorum, Clerk shall give notice thereof to the Governor, s 11. 135. Governor to appoint a sufficient number of the the Members of the Bar, of eight years' standing, to be Justices ad hoc, to have all the powers, &c., of Judges of the said Court when acting as such, s 11. 136. Laws in force for government of former, to be applied to present Court, s 12. 137. Power of the Court with respect to Tariff of Fees and Rules of Practice, s 43. 138. Part of Act of L. C., 41 G. 3. c. 7, repealed, relating to rules of Practice, &c., after one year from commencement of this Act, s 14. 139. Final Judgments of the Court to contain a statement of Fact and of Law; the reasons for the Judgments and names of the Justices, s 15. 140. Provision for performance of the duties of the of Small Causes in Lower Canada, 7 Vict. c. 19. 9th Dec. 1813. 150. Proceedings for the establishment of Commissioners' Courts, s 1. 151. Bailiffs, Sergeants of Militia, Tavern-keepers, &c. not to be or act as Commissioners, s 1. 152. Circuit Judges in the Cities of Quebec and Montreal to be ex-officio Commissioners, s 2. 153. Powers of Commissioners' Courts, exceptions and limitations, s 3 & 4. 154. Minors may sue in said Courts for Wages for any sum not exceeding £6. 5s. currency, s 5. 155. Oral Testimony sufficient in all cases cognizable in said Courts, s 6. 156. Cases wherein Defendant may be sued, not residing where Courts is held, s 7. 157. Times, places and regulations for holding Courts, 3 8, 9, 10. 158. Commissioners to issue Summons returnable in 3 days on application according to form annexed, s 11. 159. Delay allowed between service and return of Summons, s 11. 160. Proceedings in cases of recusation of Commissioners, s 12. 161. Cases when evocation and appeal are allowed, s 13. 162. Cases cognizable in Commissioners' Court taken into Court of higher jurisdiction, only subject to costs of Commissioners' Court, s 13. 163. Such limitation of costs not to apply in cases of evocation, s 13. 164. Evidence produced in Commissioners' Court in support of an allegation of forgery to operate as an evocation, s 14. 165. In such case of evocation all documents relative to such charge to be transmitted to the Clerk of the Court of Q. B., s 15. 166. Commissioner not to transmit such documents till security for payment of costs has been given, s 15. 167. In such case the Court of Q. B. to hear and determine the charge of Forgery, and the matter at issue, 16. 168. Suits brought into Commissioners' Court may, with consent of parties, be settled by arbitration, s. 17, 169. The Court to appoint one Arbitrator, and each of the parties one, s 17. 170. Arbitrators shall be sworn-shall have power to hear witnesses-their award shall be final, s 17. 171. Judgment shall follow award as in ordinary cases, s 17. and remove a Clerk to each Commissioners' Court, 8 27. 183. Appointments of Clerks and Deputy Clerks, their qualifications and duties, s 28, 29 & 30. 184. Clerk liable to a penalty of ten pounds, currency, for refusing or neglecting to give copies of Registers, 8 30. 185. Penalty to be recovered by the person to whom 186. The Register of such Court to continue to be 189. Persons qualified or disqualified to act as At- 172. Commissioner may issue Subpoenas for attend-190. ance of witnesses, s 8. 173. Penalty for not appearing on Subpœna not less than five nor more than twenty shillings currency, s 18. Persons acting as Attorneys subjected to restrictions and conditions, and penalty on violating them, s 32. 191. Disqualification of Bailiffs as Witnesses, &c., and other directions relative to them, s 32. 174. Commissioners may administer oath to wit-192. Bailiffs or Sergeants of Militia, resident in the nesses, s 18. 175. Proceedings relative to summoning Witnesses and hearing cases, s 19. 176. Court may allow Judgments to be satisfied by instalments on conditions, s 20. 177. Court may order execution in eight days after the Judgment, if the debt and costs are not paid, s 21. 178. Warrant of execution, notice of sale, sales and costs of proceedings, s 12. 179. Court may issue Warrant of saisie gagerie, 180. Oppositions, interventions, and saisie arrêts place, to be the only persons competent to serve Process, and directions as to their mileage, s 33. 193. Commissioners may specially address a process to a resident of the place where it is to be served, if there is no resident Bailiff, s 33. 194. Specification of costs and mileage, and penalty for exactions, s 34. 195. In cases where the amount of the judgment does not exceed ten shillings, the Court may limit the costs to the travelling expenses incurred, s 35. 196. No Commissioner to receive any remuneration for service done under this Act, s 36. 197. Commissioners and Clerks of Commissioners' Court to be bound by oath to their respective duties, such oaths shall be duly registered, &c., 8 37. 198. Misconduct as defined of Commissioners and Clerks to be punished by fine of ten pounds, currency, with disqualification for Office, s 38. 199. Penalties under this Act recoverable in the Courts of the District wherein they are inflicted, s 39. 182. The Commissioner or majority of the Com- 200. Appropriation of Penalties, s 39. missioners, or the senior Commissioner to appoint 201. Wilful false swearing or affirming, to be pun ishable as wilful and corrupt perjury, 8 40. 202. Every Commissioner appointed under this Act to receive a copy thereof in the French and English languages, to be transmitted to him in the usual way, s 41. 203. Interpretation Clause, s 42. Schedule No. 1,-Form of Summons. Justices, See Public Meetings, 6. Kent, County of, See Fish, 1. 66 No. 2.-Form of Subpæna. No. 3.-Form of Warrant, of Execu-1. 66 tion, &c. No. 4.-Form of Warrant of Simple Saisie en Main Tierce. No. 5.-Form of Warrant of Saisie No. 6.-Form of Warrant of Saisie 204. To alter the terms of the General Sessions of the Peace in and for the District of St. Francis, 7 Vict. c. 20, 19th Dec. 1843. 205. Part of Act of L. C., 3 G. 4. c. 17, fixing the time for the General Sessions of the Peace, repealed, from and after the twenty-first day of April, 1844, s 1. 206. From the aforesaid time the said Sessions to be from the first to the seventh day of March, and from the twenty-fourth to the thirtieth day of September in each year, both days inclusive, and Sundays and Holidays excepted, s 2. Judges. 1. To render the Judges of the Court of King's Bench in Lower Canada independent of the Crown, 7 Vict. c. 15. 2. Judges to hold office during good behaviour, their Commissions declaring it to be "during pleasure," notwithstanding; all future Commissions to appoint during good behaviour; but Judges removable by Government on address of Colonial Legislature, with right of appeal to Her Majesty in Privy Council, s 1. 3. Appointment of a Judge may be made ad interim by the Governor, but may be superseded by Royal decision in Privy Council, s 2. Judicial Sale, See Caldwell, Sir John, 1. Judgments, See Commissioners, 1. 2. To alter and amend the Act of Incorporation of the Kingston Marine Railway Company, 7 Vict. c. 61. 9th Dec. 1843. The Company may acquire, hold and depart with Real Estate of a limited annual value, s 1. 3. Deeds made previous to this Act made valid, s 2. 4. Corporation may erect buildings, &c. s 3. 5. And do the business of Ship Builders and Engineers, s 4. 6. Not to possess Banking privileges, s 4. Kingston Mineral Wells Company. 1. To Incorporate the Kingston Mineral Wells Company, 7. Vict. c. 64. 9th Dec. 1843. 2. Certain persons Incorporated by the name of the Kingston Mineral Wells Company, s 1. 3. Appropriation and investment of Capital, s 2. Company to acquire Real Estate, and to have power to lease and sell lands, s 3 & 4. 4. 5. Amount of Capital £25,000, and number of Shares 1250, the same to be personal Estate, s 5 & 6. 6. Registry and addresses of Shareholders, s 7 & 8. 7. Company to give Certificates of Shares, which are to be evidence c. title in Courts of Law; Certificates to be renewed when destroyed, s 9, 10,11. 8. Proceedings as to transfers and transmission of Shares, s 12, 13, 14, 15, 16. 9. Notices to joint Proprietors of Shares, s 17. 10. Receipts for money payable to minors, & 18. 11. Company not bound to regard trusts, ~ 19. 12. Proceedings as to calls; Payments of; Interest of unpaid; Actions for; and forfeiture, if not paid, a 20 to 32. 13. Liability of Shareholders, s 33. 14. Execution against Shareholders for Capital not paid up, and re-imbursement if more be levied than is due, s 34 & 35. 15. Company may borrow money, and having paid off may re-borrow, s 36 & 37. 16. Rights of Mortgagees and Obligees, s 38 & 39. 17. Registry; Transfer, and entry of Transfers of Mortgages and Bonds, 8 40 to 42. 18. Payment of Interest on Loans, 9 43. 19. Repayment of money borrowed at time fixed; | 41. 21. Mortgagees not to vote at a Meeting of the Com- 22. Books of the Company to be open for inspection of Creditors at all reasonable times without fec, s 50. 23. Company may extend Capital by raising a fur- 24. Owners of new Shares entitled to dividend only 26. Old Shares bearing a premium, the new to be Directors to keep full and true accounts, s 98. Books to be balanced fourteen days previous to every ordinary Meeting, s 99. 43. Books so balanced and balance sheet to be open to the inspection of Shareholders at the Company's Office during the aforesaid fourteen days, s 100 to 102. 44. Proceedings relating to Declaration of Dividends, s 103 to 107. 45. As to fines for breach of By-Laws, s 108 & 109. 46. How Notices are to be served on Company, s 110. 47. How Notices by Company are to be served on 48. Notices by advertisement, s 112. 52. In actions brought under this Act, Tender of 28. Occasions and notices of Ordinary and Extra- 53. Interpretations, s 117. 30. Who are to be the first Directors, and proceedings 31. Powers to be exercised by Directors, s 76. 34. Proceedings of Directors to be entered in a book 35. Informality in the appointment not to invalidate the proceedings, s 82. 36. Directors not to be personally liable, and to be indemnified out of the Capital of the Company for all losses sustained in the lawful exercise of their office, s 83. 37. Proceedings relating to the election, powers and duties of Auditors, s 84 to 91. 38. Proceedings relating to the appointment and 39. Officers of the Company to account, on demand, с L. L'Achigan, See Dames Religieuses. Legislative Assembly, See Judicature, 10. Legislative Council, See Judicature, 10. Lying-In Hospital. 1. To Incorporate the Ladies of the Committee of Management of the Lying-in-Hospital, 7 Vict. c. 53. Nov. 16, 1843. 2. Certain Ladies incorporated, title, powers, and 3. Meetings and appointment of Officers, s 2. 5. Managers to appoint Officers and Servants, s 4. 7. Marital authority to married women not required 5. Corporation to have power to make By-laws, for purposes of this Act, s. 6. 8. Rights of the Crown, &c. saved, s 7. 9. Public Act, s 8. M. Manure, See Tolls, 1. Masts, See Timber, 1. Military aid, See Processions, 9. Minors, See Education Society, 5. Trust and Loan Company, 13. Kingston Mineral Wells Company, 10. Misdemeanor, See Bankrupt, 59; Public Meetings, 20, 21, 23, 31. Model Schools, See School, (2) 53. Montreal, Bank of 1. To amend the Act incorporating the Bank of Montreal, by providing for the extension of the time limited for paying up the new Stock of the said Bank, 7 Vict. c. 46. 16th November, 1843. 2. Time extended to two years from the passing of this Act, s 1. Montreal, Bishop of 1. To confer certain powers on the Bishop of Montreal in the transfer of certain Lands, 7 Vict. c. 48. 9th Dec. 1843. 2. The Bishop of Montreal where there is no Bishop of Quebec, to exercise all the powers conferred by 6 G. 4 and other Acts on Bishop of Quebec, s 1. Montreal Library Association, 1. To incorporate the Members of the Mercantile Library Association of Montreal, 7 Vict. c. 47, 9th Dec. 1843. 2. Certain persons incorporated, their Corporate name and powers, s 1. 3. Process against Corporation may be served where their Library is deposited, s 2. 4. Proceedings relative to meetings, and election of Officers, s 3, 4, 5. &c. s 6. 6. Act to be a public Act, s 7. Montreal Water Works. 1. To authorize the Corporation of Montreal to purchase and hold the property known as the Montreal Water Works, 7 Vict. c. 44. 9th Dec. 1843. 2. Corporation authorized to purchase for £50,000 Cy. the said property, and to take thereby all powers, &c. conferred by Act 41 Geo. 3. c. 10. s 1 & 2. 3. Corporation may, by By-laws, acquire, dispose of, and fully control said property for purposes of Act within 12 miles of the City of Montreal, s 3. 4. Parties disposing of real estate to the Corporation indemnified, s 4. 5. Corporation may enter upon lands for purposes of Act on tender of value thereof, s 5. 6. Governor in Council may lease to Corporation, portion of River beach for purposes of Act, s 5. 7. Corporation to have power to open streets, and private grounds with consent of owner, or upon amends, and to make good and satisfy for damages, s 6, 7. 8. Works not to interfere with public health or constitute a public nuisance, s 8. 9. Penalty for parties taking water from the Water Works, without permission, £25 Cy. &c. s 9. 10. Penalty for polluting the Water, £5 Cy. every offence, s 10. 11. Damages done to Water Works recoverable by action, s 11. 12. Corporation may make By-laws but not impose a general tax for Water, s 12, 13. 13. May issue Debentures, s 14. 14. Revenue from Water Works to be applied to payment of purchase, till paid off, s 15. 15. Debentures and Interest thereon receivable by City Treasurer for Debts due to the City. Proviso as to Interest, and persons paying Debentures to endorse them, s 16, 17. 16. Forging or issuing forged Debentures punishable by imprisonment in P. Penitentiary, s 18. 17. Further proceedings as to Interest on Debentures, s 19, 20. 18. Calling in and stoppage of Interest, s 21. 19. Act not to interfere with powers of Corporation to borrow money for general purposes, s 22. 20. Particular statements of the Revenue, expenditure and Property to be kept, and published annually, s 23. |