Page images
PDF
EPUB

Grimsby Road, the sum of Ten Thousand Five Hundred and Fifty-five Pounds; for the Road North of the City of Toronto, the sum of Nine Thousand Pounds; for the Road West of the City of Toronto, the sum of Seven Thousand Pounds; for the Road East of the City of Toronto, the sum of Four Thousand Pounds; for the continuation of the improvement of the River Trent, the sum of Twelve Thousand Pounds; for the Credit Harbour, the sum of Seven Hundred and Fifty Pounds.

Such Debentures to be made payable in Englahd.

II. And be it further enacted by the authority aforesaid, That the amount of Debentures required by this Act, now authorised to be issued for the construction of the foregoing Works, payable in this Province, shall be made payable in England, any thing in any Act to the contrary in any wise notwithstanding,

S T A T U T ES

OF '

Upper Canada,

PASSED IN THE FIFTH SESSION OF THE THIRTEENTH PROVINCIAL PARLIAMENT :

MET AT TORONTO ON THE THIRD DAY OF DECEMBER, 1839, AND PROROGUED ON THE TENTH DAY OF FEBRUARY, 1840, IN THE THIRD YEAR OF THE

REIGN OF VICTORIA.

THE RIGHT HONOURABLE C. POULETT THOMSON,

GOVERNOR-GENERAL.

ANNO DOMINI 1840.

CHAP. I.

AN ACT to authorise the appointment of Commissioners to regulate the

Practice of the Court of Chancery.

[Passed 10th February, 1840 ]

W HEREAS it is necessary to make further provision for the regula- Preamble.
tion of the Practice of the Court of Chancery : Be it therefore enacted
by the Queen's most Excellent Majesty, by and with the advice and con-
sent of the Legislative Council and Assembly of the Province of Upper
Canada, constituted and assembled by virtue of and under the authority
of an Act passed in the Parliament of Great Britain, entitled, “An Act to
repeal certain parts of an Act passed in the fourteenth year of His Ma-
jesty's reign, entitled, “An Act for making more effectual provision for
the Government of the Province of Quebec, in North America, and to
make further provision for the Government of the said Province," and

Governor may issue
Commissions ;

Governor of this Province, from time to time, and as often as occasion shall require, to issue a Commission or Commissions under the Great Seal of the Province, directed to the Vice-Chancellor and any two or more

Judges of the Court of Queen's Bench, (of whom the Chief Justice may and be one) authorising them from time to time to make such Rules, Regu

lations and Orders, for altering or establishing the Practice of the Court of Chancery, and the Costs of its proceedings, as to them or a majority of them may seem fit, and calculated to promote the ends of Justice.

With power to alter and
establish the Practice
and Costs of Chancery.

CHAP. II.

AN ACT for the better regulation of the Office of Reporter to the Court of

Queen's Bench in this Province.

[Passed 10th February, 1840.]

Preamble.

W HEREAS it is expedient to repeal an Act passed in the fourth year
of the reign of His late Majesty King George the Fourth, entitled, “An
Act providing for the publication of Reports of the decisions of His
Majesty's Court of King's Bench in this Province," and to substitute
other provisions in lieu thereof: Be it therefore enacted by the Queen's
most Excellent Majesty, by and with the advice and consent of the
Legislative Council and Assembly of the Province of Upper Canada, con- i
stituted and assembled by virtue of and under the authority of an Act
passed in the Parliament of Great Britain, entitled, “An Act to repeal
certain parts of an Act passed in the fourteenth year of His Majesty's
reign, entitled, “An Act for making more effectual provision for the

Government of the Province of Quebec, in North America, and to make 4th Geo. 4th, ch. 3, repeal- further provision for the Government of the said Province,” and by the

authority of the same, That the said Act be and the same is hereby repealed.

[ocr errors]

reporter, who shall be an

discharge of his duty, and

II. And be it further enacted by the authorily aforesaid, That it shall Law Society may appoint and may be lawful for the Law Society of the Province of Upper Canada swerable to them for the in Convocation, by an Instrument under the Seal of the Society, to subject to rules made by appoint to the Office of Reporter of Her Majesty's Court of Queen's

Bench in this Province; and that from and after the passing of this Act the Reporter shall be answerable to the said Society in Convocation for the correct and faithful discharge of his duty, and shall be subject to such

them, with the approbation of the Judges.

publication est in Convocation, with the

land passed and adopted

Rules and Regulations for the discharge of the duties of his Office, and the publication of the Reports, as shall or may be made for that purpose by the said Society in Convocation, with the approbation of the Judges of the Province, as Visitors of the said Society, and passed and adopted according to the course as practised in respect of other general Rules of the said Society according to law; and it shall be in the power of the Law said Law Society in Convocation, such Reporter to remove and another to appoint in his place from time to time: Provided always that no person Reporter to be a Barrister shall be eligible to the Office of Reporter except Members of the said Society of the Degree of Barrister at Law, and that no appointment to Appointment or removal or removal from the said Office, shall take place without the confirmation the Judges. of the Judges of the Province as aforesaid, as Visitors of the said Society.

ne of the Law Society may remove

reporter.

subject to the approval of

Duty of the Reporter;

To enter report in a

III. And be it further enacted by the authority aforesaid, That it shall Duty be the duty of the Reporter, to Report as well the substance of such of the verbal decisions of the Court as shall be of general importance, as to Report also such decisions as may be delivered in writing; and it shall Toe further be his duty, without any unnecessary delay, to cause such Report book ; to be fairly entered in a Book, and to submit the same for the inspection of the Judges of the said Court, which Report, after due examination Reports to be signed by and correction by the Judges aforesaid, shall be signed by them or such the Judges. of them as shall not be prevented by absence or sickness from so doing.

Reporter to print and

IV. And be it further enacted by the authority aforesaid, That the said, Reporter shall be at liberty to print and publish such Report, or a digest publish; thereof, and it shall be his duty so to do whenever thereto required by when the said Law Society in Convocation, and in such manner and mode as Law Society. the said Law Society shall direct, the profits arising from such publication of Report to belong to the Reporter.

When required by the

Salary of reporter not to

V. And be it further enacted by the authority aforesaid, That the salary Salary of the Reporter shall not exceed the sum of One Hundred and Fifty exceed £150 per annum. Pounds per annum, and shall and may be fixed at or varied within the said amount, as the said Law Society in Convocation, and the Judges of the Province as Visitors, shall think just and proper.

VI. And be it further enacted by the authority aforesaid, That every Every attorney to take Attorney of the said Court shall annually, before or during Michaelmas Term; Term, take out a Certificate from the Clerk of the Crown and Pleas in this Province, of his having been admitted to practice as an Attorney in Clerk of the Crowu to the said Court; which Certificate the said Clerk is hereby required to fion of a recent produc.. give upon production of a receipt from the Treasurer of the Law Society, Society

out a certificate in Mich.

give the same on produce tion of a receipt from Treasurer of the Law

for such sum as the said Benchers in Convocation shall by Rule passed and ordered as aforesaid, from time to time determine upon, and upon payment to the said Clerk of the sum of One Shilling.

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

VII. And be it further enacted by the authority aforesaid, That if any Attorney shall neglect to take out such Certificate within the time aforesaid, he shall not be entitled thereto until he shall have produced a Receipt from the Treasurer of the Law Society for the sum of Four Pounds; and if any Attorney shall practice in any of Her Majesty's Courts in this Province without a Certificate, he shall forfeit the sum of Ten Pounds, to be recovered by information in Her Majesty's Court of Queen's Bench, and to be paid into the hands of the Treasurer of the Law Society : Provided always that nothing herein-contained shall extend to require any person admitted during and after Michaelmas Term in any year, to take out any Certificate as aforesaid until the Michaelmas Term following.

How recovered ;

ud into the hon in Her Majesty'e sum of Ten P

Provisa.

Application of penalty,

VIII. And be it further enacted by the authority aforesaid, That in case any penalties shall be hereafter recovered for practising as an Attorney before the passing of this Act, without a Certificate, such penalties shall be paid into the hands of the Treasurer of the Law Society.

Disposition of unappropriated balance of report.

Receiver General to pay same to Treasurer of Law Society;

IX. And whereas there is reason to believe that the monies paid into priated balance of report- the hands of the Receiver-General of this Province, under the provisions

of the said Act hereby repealed, have exceeded the monies paid by the said Receiver-General by way of Salary to Reporters, and it is just and reasonable that such surplus should be refunded to the Treasurer of the Law Society: Be it therefore further enacted by the authority aforesaid, That it shall and may be lawful for the Receiver-General of this Province, and he is hereby required to pay to the Treasurer of the Law Society for the time being, any surplus that may appear to have come to his hands under the provisions of the said Act, over and above the monies by him paid by way of Salary to Reporters of the said Court: Provided that in such case the Salary of the Reporter for the current half year shall be paid by the said Law Society.

Proviso.

CHAP.

« PreviousContinue »