Page images
PDF
EPUB

by any Justice of the Peace or Coroner, shall immediately thereafter be transmitted by such Justice of the Peace or Coroner to the Clerk of the Circuits for the County in which the same may be taken, where the party charged is com-, mitted for trial to the Supreme Court.

5. Nothing herein shall in any way interfere with the office of the Clerk of the Crown in the Supreme Court; but the Clerk of the Crown in the Supreme Court shall, as heretofore, continue to be the Clerk of the Crown and Nisi Prius at the Sittings for the County of York, and entitled to all the rights, privileges and emoluments appertaining to such offices, and subject to all the duties of the same.

[ocr errors][merged small][merged small]

Section.

Section. 1 Governor may appoint Notaries 4 Powers and rights of Notaries. Public. *

5 Appointments since July 1867 to 2. Examination of applicants. be good and valid. 3 Rules for examination. .

1. It shall be lawful for the Lieutenant Governor, in Her Majesty's name, to appoint from time to time as he thinks fit, under the Great Seal of the Province, one or more Notaries Public for this Province.

2. Persons other than Barristers and Attorneys duly admitted as such in this Province, desirous of being appointed as Notaries Public, shall be subject to examination in regard to their qualification for the said office by the Attorney General, and no person shall be appointed a Notary Public without a certificate from the Attorney General that he has examined the applicant, finds him qualified for the office, and that he is of opinion that a Notary Public is needed for the public convenience in the place where such applicant resides and intends to carry on business.

3. The Lieutenant Governor in Council may from time to time make regulations for such examination and certificate.

4. Every such Notary shall have, use and exercise the power of drawing, passing, keeping and issuing all deeds, contracts, charter parties, and other mercantile transactions, in this Province, and also to attest all commercial instruments that may be brought before him for public protestation, and otherwise act as usual or as authorized by any Statute of the Province in the office of Notary, and demand receive and have all the rights, profits and advantages rightfully appertaining and belonging to the said calling of Notary Public, during pleasure, and during residence in this Province.

5. Each and every Commission issued by the Lieutenant Governor, appointing Notaries Public in this Province, since the first day of July in the year of our Lord one thousand eight hundred and sixty seven, is hereby declared to have been lawfully issued; and every act, matter and thing done or performed under or by virtue of such last mentioned Commissions, shall be held to have the same force and effect in law as though this Chapter had been in force when such Commissions issued.

CHAPTER 29.

APPOINTMENT OF JUSTICES OF THE PEACE.

Section.

Section. 1 Governor may appoint Magis, 4 Powers, &c. of Magistrates. trates.

5 Forme: Commissions to remain 2 Commissions, how issued..

in force. 3 Magistrate to be sworn before 6 Governor in Council may displace

Clerk of the Peace before enter. Magistrate.
ing upon duties of office; Clerk 7 Appointments made since 1st
to keep a record.

July 1867, to be valid. 1. It shall be lawful for the Lieutenant Governor, by and with the advice of the Executive Council, at any time or times to appoint under the Great Seal of this Province, such and so many Justices of the Peace in and for the several and respective Counties of this Province, as may be deemec expedient and proper.

2. In any Commission or Commissions to be issued, it shall be lawful to include the name of one or more person or persons, or to issue a separate Commission to each person to be appointed.

3. Each person to be appointed shall, before entering on the duties of his office, be duly sworn before the Clerk of the Peace for the County, or City and County, for which he shall be appointed, and such Clerk shall keep a record or minute of such person being duly sworn; in which shall be stated the date of such person being duly sworn; an examined copy of such record or minute, or a copy certified under the hand of such Clerk of the Peace, or his Deputy, shall be evidence of such person having been duly appointed and sworn in all Courts of Law and Equity :

4. Each person on being so appointed and duly sworn, shall be invested with all the rights, powers, privileges immunities and advantages heretofore had, held, exercised and enjoyed by any Justice of the Peace as heretofore appointed in this Province, and shall be entitled to the rights,privileges, immunities and advantages heretofore given, granted and extended to any Justice of the Peace, as well by Statute and Act of the General Assembly as otherwise.

5. Nothing in this Chapter shall affect or interfere with any Commission of the Peace, heretofore issued, or with the rights, privileges, immunities and advantages given, granted and bestowed under and by virtue of such Commission, or by any Act or Acts of the General Assembly or otherwise ; and all such rights, privileges, immunities and advantages shall exist and continue in as full force and effect as if this Chapter had not been enacted, except as herein is provided. . 6. The Lieutenant Governor in Council is authorized to displace and remove any persor or persons from the office of Justice of the Peace, as well those appointed previous to the passing of this Chapter as those hereafter appointed ; and in the event of any person or persons being removed or displaced, notice thereof shall be given in the Royal Gazette of this Prorince, and the Royal Gazette containing such notice shall in all Courts of Law and Equity be evidence of such displacing or removal.

7. All and every appointment of any person or persons to the office of Justice of the Peace, made since the first day of July in the year of our Lord one thousand eight hundred and sixty seven, shall be deemed and taken to be a good and valid appointment, and every person so appointed shall be entitled to and be invested with all the rights, powers, privileges, immunities and advantages heretofore given and granted to, and held, exercised and enjoyed by Justices of the Peace, as well under and by virtue of the Commission of the Peace as by any Act or Acts of the General Assembly as otherwise, and shall be subject to all the provisions of this Chapter in the same manner as if such person or persons had been appointed after the passing of this Chapter; and all and every act and acts, matter or thing heretofore done and performed by any such person or persons in his or their capacity of a Justice of the Peace, shall be deemed and taken to be as good, valid and legal as if this Chapter had been passed and in force previous to such person or persuns having been appointed.

CHAPTER 30.
REPORTER OF THE SUPREME COURT.
Section.

Section.
1 Governor may appoint Reporter 2 Copyright.

of Decisions of the Supreme 3 Salary. Court. ]. The Governor in Council is hereby authorized to appoint some suitable person learned in the law, to be a Reporter of the opinions, decisions and judgments which may from time to time be given, and made pronounced by the Supreme Court of Judicature in this Province, or of the Judges thereof, in, upon or respecting causes pending therein; and it shall be the duty of such Reporter, by his personal attendance, or by any other means in his power, to obtain true and authentic reports of such opinions, decisions, and judgments; and such Reporter shall publish not less than two hundred copies of the same in Pamphlets after each Term of the said Court.

2. Section two of the Act of Assembly sixth William IV, Chapter fourteen, is unrepealed, which Section is as fol. lows:-“The sole liberty of printing and reprinting and publishing such Reports, shall be and the same is hereby rested in and secured to the author and compiler thereof, his heirs and assigns; and if any person shall print, reprint, or publish any such Reports, without the consent of the author and compiler or proprietor thereof, he shall be liable to an action on the case, at the suit of such proprietor, in which action such proprietor shall recover double the damages he may have sustained by any such infringement of the copyright hereby secured to him.

3. In addition to any profits that may arise from the publication and sale of such Reports, such Reporter shall receive annually from the Provincial Treasury a sum not exceeding nine hundred dollars, to be paid by Warrant of the Lieutenant Governor, on the certificate of the Chief Justice of the said Court that such Reporter has diligently performed the duties by this Chapter required of him for the year for which such allowance may be claimed.

CHAPTER 31.

TERMS OF THE SUPREME COURT. Section.

Section. 1 The Terms.

3 Return days. 2 May be extended.

1. There shall be four Terms of the Supreme Court in each year as follows:-Hilary Term, which shall commence on the first Tuesday in February and extend to and include the third Saturday thereafter ; Easter Term, which shall commence on the second Tuesday in April and extend to and include the third Saturday thereafter ; Trinity Term, which shall commence on the second Tuesday in June and extend to and include the third Saturday thereafter; Michaelmas Term, which shall commence on the second Tuesday in October and extend to and include the third Saturday thereafter.

2. It shall be lawful for the Judges of the Supreme Court, if they shall see fit, to extend the respective Terms of the said Court for so long a time during the respective vacations as they may deem necessary, and to adjourn such extended Sittings from time to time during such vacations and so often as may be requisite for the disposal of the business; and all causes and matters heard and determined during such extended Sitting of the Court, or any of the adjournments, shall be as valid and have the like force and effect as if heard and determined during the respective Terms; and all parties concerned shall take due notice of such adjournment from time to time and govern themselves accordingly.

3. The first Tuesday and the three Saturdays thereafter in cach Term shall be days for the teste and return of all waits and processes required to be tested or made returnable at any particular time in Term.

« PreviousContinue »