In civil cases, persons not to witnesses out in case of the issuing of any such precept, it shall be the duty of the Sheriff of the District of Gaspé to be appointed in pursuance of this Act, to cause such precept to be executed with all possible despatch, and with as little expense as possible to the Province for mileage or other incidental charges arising therefrom. XIX. Provided always, and be it enacted, that in civil cases no person residing be summoned in the County of Gaspé shall be liable to be summoned thence as a witness before to appear as the said Court of Queen's Bench when sitting in the County of Bonaventure, nor of the County vice versa shall any person residing in the County of Bonaventure be liable to be in which they summoned before the said Court when sitting in the County of Gaspé: Provided always, that nothing herein contained shall exonerate any person being a nonresident in the County in which the said Court may be sitting or to sit, from appearing and giving evidence as a witness before the said Court, if duly served with a Subpoena or order of the Court to that effect, within such County, during the sitting of the Court or within three days next before such sitting. reside. Proviso. Joint Clerk tary of said pointed. XX. And be it enacted, that for the convenience of the inhabitants of the Disand Prothonotrict of Gaspé, it shall be lawful for the Governor of this Province to appoint, Court to be ap- during pleasure, two fit and proper persons of competent ability and experience in the practice of the Courts of Civil and Criminal Jurisdiction in Lower Canada, to be joint Clerks of the Crown and Prothonotaries of the said Court of Queen's Bench for the District of Gaspé, one of whom shall reside at Percé aforesaid, and shall keep his office open at the Court House thereat from ten in the forenoon, until three in the afternoon, daily, throughout the year, (Sundays and Holidays always excepted,) and the other shall reside at New Carlisle, and shall in like manner keep his office open at the Court House thereat, daily, throughout the year, (with the exceptions aforesaid,) during the hours above mentioned: Provided always, that the said Court shall have power, and the same is hereby authorized, when and so often as the Justices thereof shall see fit, to alter the said office hours and to fix in their stead such others as in their discretion they shall deem expedient, having always a due regard to the public convenience. Proviso. XXI. And be it enacted, that the records and papers in all suits or actions real, personal or mixed, before the said Court of Queen's Bench, in which the cause of action shall have arisen in the County of Gaspé, shall be kept in the office of the joint Prothonotary of the said Court at Percé, and the records and papers in all such suits or actions in which the cause of action shall have arisen in the County of Bonaventure, shall be kept in the office of the joint Prothonotary of the said Court at New Carlisle ; and in cases where the cause of action may not have arisen within the District of Gaspé, the records and papers shall be kept in the office of the joint Prothonotary in the County (of Gaspé or Bonaventure, as the case case may be,) wherein the defendant shall reside, and if he be a non-resident in the said District, then in the office from which the first writ or process in such suit or action shall have issued: Provided always, that in all cases any records or papers or documents filed in the said Court, may be kept in or removed into either of the said offices in or into which the Justices of the said Court shall direct them to be kept or removed. XXII. And be it enacted, that duplicate Registers and Plumitifs of all proceedings before the said Court of Queen's Bench, in civil cases, shall be kept by the joint Prothonotaries thereof, in like manner and form as Registers and Plumitifs are kept in like cases by the Prothonotary of the Court of Queen's Bench for the District of Quebec, to the end that in each of the said offices at Percé and New Carlisle, one set of the said Registers and Plumitifs may be found and access thereunto had, free of expense, by all persons desirous of consulting the same. Proviso. Duplicate Reend kept. gisters Plumitifs to be Transmission of certain Re Exception as to certain Reis, of which copies gisters of Land shall be made. XXIII. And be it enacted, that all records or papers relating to or affecting any real or immoveable property situate in the said County of Gaspé, which now are cords. filed and of record at New Carlisle, in the office of the Clerk or Prothonotary thereat of the Provincial Court hereby abolished, shall forthwith after the commencement of this Act, be transferred to the office of the joint Prothonotary of the said Court of Queen's Bench to be kept at Percé, and shall there be kept and remain as part of the records and remembrances of the said office; except always the Registers in the said office at New Carlisle, known as "The Registers of Gaspé Land Claims," which shall be kept and remain in the office of the joint Prothonotary of the said Court of Queen's Bench, to be kept at New Carlisle; but it shall be the duty of the joint Prothonotaries aforesaid to cause, in the course of two years next after their appointment to office, an exact transcript or copy of all and every the entries and writings in the said Registers, to be made in books or Registers similar to the same, well bound for the purpose, and such transcript or copy being by the said joint Prothonotaries certified as such, by an entry to be by them expressly made therefor, on the first, second or third leaf at the beginning of each of the said books or Registers containing such transcript or copy, shall thereafter be deemed authentic, and as such shall be transferred to the office of the said joint Prothonotaries to be kept at Percé, and shall there be kept and remain as part of the records and remembrances of the said office at Percé, to the end that all whom it may concern may have free access thereto at all times without being subject to any fee or charge therefor, and that a copy or copies certified by the said joint Prothonotaries, (and for which they shall be entitled to receive at the rate of six pence per hundred words, and no more,) of any claim, adjudication, or entry in writing, in either of the said Registers shall be deemed authentic, and as such shall be taken and admitted in all Courts of Law in Lower Canada. Continuance of suits com Provincial Court. XXIV. And be it enacted, that the Registers, Records, Documents and Proceedings of and in the Provincial Court hereby abolished in matters cognizable by the said Court of Queen's Bench, shall forthwith, after the commencement of this Act, be transmitted into and make part of the Records, Registers, Documents and Proceedings of the said last named Court, to be kept at the office of the joint Prothonotaries thereof, in the County in which they shall be immediately before the commencement of this Act; subject always to be removed on the order of the Justices of the said Court. XXV. And be it enacted, that no such judgment, order, rule or act of the said menced in the Provincial Court, legally pronounced, had or done before the commencement of this Act, shall be hereby avoided, but shall remain in full force as if this Act had not been passed; nor shall any such action, suit, cause or proceeding depending in the said Provincial Court be abated, discontinued or annulled, but the same shall be transferred in their then present condition, respectively, and shall subsist and depend in the said Court of Queen's Bench, and other and further proceedings shall be thereon had in the said Court to judgment and execution, and as to all matters and proceedings consequent on such judgment and execution, as if such suit or action, had been originally commenced or instituted in the said Court. Sheriff to be appointed for the District of Gaspé. Sheriffs' Sales ty, how made in the said District. XXVI. And be it enacted, that so soon as may be practicable after the commencement of this Act, it shall be lawful for the Governor of this Province to appoint a fit and proper person of competent ability and integrity to be Sheriff of the said District of Gaspé, who shall, before entering upon the duties of his office, give security in the manner by Law provided with regard to other Sheriffs in Lower Canada, to the amount of fifteen hundred pounds, currency. XXVII. Provided always, and be it enacted, that from and after the commenceof real proper- ment of this Act, all sales of real or immoveable property of whatsoever description, to be made in the said District of Gaspé by the Sheriff thereof, under any judg inent, writ of execution, or order of Court, shall be made in the Township, Settlement or place where the property for sale is situate, and on the spot if practicable, or otherwise at the most public place nearest thereto, in the Township, Settlement or place within which the property for sale is situate, and of which most public place it shall be the duty of the Sheriff to give particular notice in his official publication of the sale, in addition to the other notices which by law he shall be bound to give in such publication. Court of Queen's prevent XXVIII. And be it enacted, that nothing in this Act contained shall Bench at Que- the Court of Queen's Bench for the District of Quebec, from continuing and bec to complete finally pé now pend finally determining and completing any suit or action, matter or proceeding pend- cases from Gasing in the said Court at the commencement of this Act, although the same, if begun ing before it. or instituted after the commencement of this Act, would be cognizable by and within the jurisdiction of the Court of Queen's Bench for the said District of Gaspé. - the General said District XXIX. And be it enacted, that instead of the terms heretofore by law fixed New Terms of for holding the General Sessions of the Peace in the Inferior District of Gaspé, Sessions of the which Terms are hereby discontinued, General Sessions of the Peace shall be Peace in the held in each year in and for each of the said Counties of Gaspé and Bonaventure appointed. by any three Justices of the Peace, (one of whom shall be of the Quorum,) residing in such County, at the following times and places only, that is to say:In and for the said County of Gaspé, at Percé, and at the Basin of Gaspé, during the three days immediately succeeding the sittings of the Circuit Court at the said places, respectively; and in and for the County of Bonaventure, at New Carlisle, and Carleton, during the three days immediately succeeding the sittings Commissioner of the Circuit Court, at the said places, respectively; and the Commissioner of of Bankrupts Bankrupts in the said Counties, respectively, shall be cx officio a Justice of the Peace to be Chairman for the County in which he shall reside, and it shall be his duty to act as Chairman of the General Sessions of the Peace therein: Provided always, that in case of his absence from illness or other cause, the Court, if otherwise legally constituted, shall not by reason of such absence become incompetent for the despatch of business: And provided also, that no property qualification shall be necessary to enable any such Commissioner of Bankrupts legally to act as a Justice of the Peace; any thing in the Act of the Legislature of this Province, passed in the sixth year of Her Majesty's Reign, and intituled, An Act for the qualification of Justices of the Peace, to the contrary notwithstanding. of such Ses 2 G. 4. c. 5. XXX. And be it enacted, that from and after the commencement of this Act, Acts repealed. the Act of the Legislature of Lower Canada, passed in the second year of the Reign of His late Majesty King George the Fourth, and intituled, An Act to extend the provisions of a certain Act therein mentioned, as far as the same relates to the Judicature in the Inferior District of Gaspé, and more effectually to provide for the due administration of Justice in the said District,-and the Act of the said Legislature passed in the fourth year of the Reign last aforesaid, and intituled, An Act to amend a certain Act therein mentioned, and further to extend the jurisdiction of the Provincial Court for the Inferior District of Gaspé,—and the Act of the said Legislature, passed in the sixth year of the Reign last aforesaid, and intituled, An Act to amend and continue for a limited time two certain 6 G. 4. c. 95. Acts therein mentioned, relating to the Judicature in the Inferior District of Gaspé, and the Act of the said Legislature, passed in the second year of the Reign 4. G. 4. c. 7. of 2 W. 4. c. 50. of His late Majesty King William the Fourth, and intituled, An Act to continue and amend certain Acts relating to the Judicature of the Inferior District of Gaspé, and the Ordinance of the Governor and Special Council for the affairs of Lower Canada, passed in the Session held in the third year of Her Majesty's Reign, and intituled, An Ordinance to render permanent certain Acts therein mentioned, re3 & 4 V. c. 4. lating to the administration of Justice in the Inferior District of Gaspé,—and the Act of the Legislature of this Province, passed in the session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act to provide temporarily for the administration of Justice in the Magdalen Islands in the Gulf of St. Lawrence, shall be, and the said Acts and Ordinances, and all other Acts, Ordinances or Provisions of Law inconsistent with or repugnant to this Act, or any provision or enactment thereof, are hereby repealed, but all Acts, Ordinances or Provisions of Law thereby repealed shall nevertheless remain repealed. 4 & 5 V. c. 22. Interpretation clause. Commence XXXI. And be it enacted, that the words "Governor of this Province," wherever they occur in the foregoing enactments, are to 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; and that the words "Lower Canada," wherever they occur in the said enactments, are to be understood as meaning and comprehending that part of this Province of Canada which formerly constituted the Province of Lower Canada; and any word or words importing the singular number or the masculine gender only, shall be understood to include several matters of the same kind as well as one matter, and several persons as well as one person, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction. XXXII. And be it enacted, that this Act shall commence and have force and ment of this effect upon, from and after the twenty-first day of April, in the year of our Lord, one thousand eight hundred and forty-four, and not before. Act. Preamble. CAP XVIII. An Act for the establishment of a better Court of Appeals in Lower WH [9th December, 1843.] HEREAS the Provincial Court of Appeals now existing in Lower Canada, has been found by experience to be altogether insufficient and inadequate for the due administration of Justice; Be it therefore enacted by the Queen's |