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23rd VICTORIA-CHAPTER 32.

An Act relating to Procedure in Criminal Cases. Section

Section.
1 In certain cases Court or Judge 2 Sheriff's fees for service.

in vacation may issue warrant to
compel attendance of witnesses.

Pussed 9th April 1860. WHEREAS inconvenience arises in the administration of Criminal Law, from the want of a power in the Judges of the Supreme Court to compel the attendance of witness at a criminal trial :

Be it therefore enacled, &c.—1. If in any criminal case cognizable at the Sittings for the County of York,or in any Circuit Court or Court of Oyer and Terminer or Gaol Delivery in any part of this Province, it shall appear to any such Court, or if such Court is not sitting, then before the time for holding such Court, to any Judge of the Supreme Court, on motion or application of the Attorney General, Solicitor General, or other officer acting on behalf of the Queen, that any person within the jurisdiction of the Supreme Court is likely to give material evidence before the Grand or Petit Jury touching the matter of such prosecution, and that it is probable that such person will not attend to giveeridenceunless compelled, or upon similar motion or application made on affidavits by or on behalf of any prisoner or person charged, in either of such cases it shall be lawful for such Court to order a warrant to issue, signed by the Clerk of such Court,or for such Judge out of Court to issue a warrant under the hand of such Judge. directed to any Sheriff, commanding him to arrest such person, and have him at the time and place in such warrant mentioned, to testify as therein directed; which said warrant shall be a sufficient authority in law for such Sheriff, bis deputy and assistants, for arresting the person or persons therein named in any part of the Province,and bringing him or them before such Court, notwithstanding such arrest be made beyond the bailiwick of such Sheriff; provided that the issuing of such warrant shall be discretionary with such Court or Judge; provided also, that the Court or Judge upon the issuing of any such warrant upon the motion or application of any person or prisonercharged, may prescribe such terms as to the payment by such prisoner or party

charged of the expense of executing such warrant,as to such Court or Judge may seem reasonable.

2. The Sheriff's fees for services under this Act shall be as follows, and shall be paid by the Treasurer of the County wherever the trial shall be had, in the same manner as prosecutor's fees under Chapter 160, Title XL, of the Revised Statutes :Serving warrant,

... £0 5 0 Travel per mile, from place of residence

of Sheriff, and back, ... ... 0 0 6 See Acts of Canada, 39th Victoria, Chapter 3€.

21st VICTORIA — CHAPTER 8. An Act relating to the issuing of Warrants by Justices of the Peace

and in aid of Police Officers and Constables in the execution of their

duties. Section 2.- Constables, &c., in the execution of their duty may demand as. sistance of persons at hand ; penalty for refusal.

Passed 11th April 1864 Be it enacted, &c.—2. The several police officers and constables in this Province, now or hereafter to be elected or appointed, and sworn in their respective Parishes, Districts or Counties, shall have power and authority, and they are hereby severally authorized when in the due execution of any warrant or other authority, written or verbal,or lawfully appertaining to them by virtue of their office as police officers or constables, and committed with the preservation of the peace, or the punishment or prevention of any felony or misdemeanor, or the taking into custody of any person charged with, or in the actual commission of any felony, misdemeanor, or breach of the peace, whenever it shall become necessary by reason of any wilful resistance to, or unlawful obstruction of such police officers or constables so acting in the due performance of their duty, to require any male person there present or near at hand, and being over sixteen and under sixty years of age, to aid and assist, by physical force if required, such police officers or constables in the execution of their duty; and if any such person, when so required and called upon by such police officer or constable, shall neglect or refuse to aid and assist such police

officer and constable, he shall be liable to a fine of not more than five pounds, to be sued for, levied, and collected with costs, as directed in and by Chapter one hundred and thirty eight, Title XXXVII, of the Revised Statutes,' Of Summary Convictions,' and paid over when collected, to the Orerseers of the Poor of the Parish in which the offence was co.n mitted for the use of the Poor thereof.

35th VICTOTIA-CHAPTER 12.
An Act to provide for the Expenses of Witnesses in Cri ninal

Prosecutions.
Section 1.— Witnesses, how paid.

l'assed 11th April 1872. Be it enacted, fc.-1. Whenever an indictment shall be presented before any Grand Jury in this Province for felony or misdemeanor, or the trial of any person for felony or misdemeanor shall be had, it shall and may be lawful for the Court before which such indictment shall be presented, or such trial bu had, as the case may be, to order to the prosecutor and witnesses for the prosecution, such amount for travel and attendance as may be deemed sufficient to meet their reasonable expenses, and also to order to the constables and other officers a reasonable amount for services and ex. penses in serving subpænas and getting witnesses to attend at such prosecutions; and an order for the payment of such amount shall be forth with drawn in favor of such prosecutor witnesses, and constable, or other officer respectively, upon the Treasurer of the County, by the Clerk of the Court, and the saine shall be paid out of any moneys belonging to such County in the Treasurer's hands.

IMPERIAL ACTS Referred to in Section 124, Chapter 49, of the Consolidated Statutes, relating to “ The Supreme Court in Equity." as extended

to the Colonies.

13th & 14th VICTORIA-CHAPTER LX. An Act to consolidate and amend the Laws relating to the Conveyance

and Transfer of Real and Personal Property vested in Mortgagees and Trustees.

[5th August 1850.] Section.

Section. 1 Repeal of certain Acts; excep- 21 As to lands in Lancaster and tions.

Durham. 2 Interpretation of Terms. 22 When Trustees of stock out of 3 Lord Chancellor may convey Es- the jurisdiction.

tates of lunatic Trustees and 23 When Trustee of stock refuses to Mortgagees.

transfer. 4 May convey contingent rights. 24 When one of several Trustees of 5 May transter stock of lunatic

stock refuses to transfer or reTrustees and Mortgagees.

ceive and pay over dividends. 6 Power to transfer stock of 25 When stock is standing in the deceased person.

name of a deceased person. 7 Court of Chancery may convey 26 Effect of an Order vesting the

Estates of infant Trustees and legal right to transfer stock.
Mortgagees.

27 Effect of an Order vesting legal 8 Contingent rights of infant Trus. right in a Chose Action. tees and Mortgagees.

28 Effect of an Order vesting copy9 Court may convey the Estate of a hold lands, or appointing any

Trustee out of the jurisdiction. person to convey copyhold lands. 10 May make Order in cases where 29 When a Decree is made for sale

persons are seised of lands joint of reil estate for payment of
ly with parties out of jurisdiction, debts.
&c.

30 Court to declare what parties are 11 Contingent rights of Trustees. Trustees of lands comprised in 12 Court may make Order in cases any suit, and as to the interests

where persons are jointly entitled of persons unborn. with others out of the jurisdic- 31 Power to make directions how

tion to a contingent right in lands. the right to transfer stock be ex 13 When it is uncertain which of seve. ercised.

ral Trustees was the survivor. 32 Power to appoint new Trustees. 14 When it is uncertain whether the 33 New Trustees to have powers of

last Trustee be living or dead. Trustees appointed by Decree 15 When Trustee dies without an in suit. heir.

34 Power to vest lands in new 16 Contingent right of unborn

Trustees.
Trustee.

35 Power to vest right to sue at law 17 Power to convey in place of a re. in new Trustees. fusing Trustee.

36 Old Trustees not to be discharged 18 Maj convey in place of person from liability.

entitled to contingent right. 37 Who may apply. 19 May convey in place of Mort- 38 Power to go before the Master in gagee.

the first instance. 20 May appoint a person to convey 39 Power to petition the Court or in certain cases.

the Lord Chancellor.

Section.

Section. 40 Power to present Petition in the 50 Powers of the Master. first insiance.

51 Costs may be paid out of the 41 What may be done upon Petition. Estate. 42 Court may dismiss Petition with 52 Commission concerning persons

or without costs. (Cause. of unsound mind. 43 Power to make an order in a 53 Suit may be directed. 44 Orders made by Court of Chancery 54 Powers of Court of Chancery to

founded on certain allegations, extend to property in the
to be conclusive evidence of the Colonies.
matter contained in such allega. 55 Powers may be exercised by Court
tions.

of Chancery in Ireland. 45 Trustees of Charities.

56 Powers of Lord Chancellor in 46 No escheat of property held upon lunacy to extend to property in Trust or Mortgage.

Colonies. 47 Act not to prevent escheat or for- 57 Powers of Lord Chancellor in

feiture of beneficial interest. lunacy may be exercised by Lord 48 Money of infants and persons of Chancellor of Ireland.

unsound mind to be paid into 58 Short Title.
Court.

59 Commeneement of Act. 49 Court may make a Decree in the 60 Act may be amended, &c.

absence of a Trustee. WHEREAS an Act was passed in the First Year of the Reign of His late Majesty King William the Fourth, intituled An Act for amending the Laws respecting Cionveyances and Transfers of Estates and Funds vested in Trustees and Mortgagees, and for enabling Courts of Equity to give Effect to their Decrees and Orders in certain cases : And whereas an Act was passed in the Fifth Year of the Reign of His late Majesty King William the Fourth, intituled An Act for the Amendment of the Law relative to the Escheat and Forfeiture of Real and Personal Property holden in trust : And whereas an Act was passed in the Second Year of the Reign of Her present Majesty, intituled An Act to remove Doubts respecting Conveyances of Estates vested in Heirs and Devisees of Mortgagees : And whereas it is expedient that the Provisions of the said Acts should be consolidated and enlarged; Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all Proceedings under the said Acts or any of them commenced before the passing of this Act may be proceeờed with under the said recited Acts, or according to the Provisions of this Act,as shall be thought expedient, and, subject as aforesaid, that the said recited Acts shall be and the same are hereby repealed : Provided always, that the several Acts repealed by the said recited Acts shall not be revived, and that such

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