next Inferior Term of the said Court, if it shall have been brought originally in Inferior Term, or if not, either to the said next Inferior Term of the said Court, or to the next Term of the Circuit Court in which it shall have been so originally brought; and when, in any case of recusation, disqualification or incompetence, as aforesaid, an order shall have been made for the removal of the suit or action, as above required, the Clerk or Prothonotary of the Court shall make an entry of such order in the register thereof, and thereupon it shall be his duty forthwith to certify under his hand and the seal of the Court to the Justices of the Court of Queen's Bench sitting in Superior Term, and to cause to be transmitted to the said Justices the record and proceedings in the cause, which shall then be filed among the records of the Superior Term of the said Court of Queen's Bench, and there shall continue to remain, even after judgment, as if the suit or action had been originally instituted in the said Superior Term-except only in cases where a recusation shall have been made and dismissed as aforesaid, in which case the said record and proceedings shall be remitted as hereinbefore directed.

XLIII. And be it enacted, that from any judgment rendered by a Circuit Court, or by any Court of Queen's Bench sitting in Inferior Term, in any suit or action, in which the sum of money or the value of the thing demanded shall exceed ten pounds currency, or which shall relate to any titles to lands or tenements, or to any sum of money payable to Her Majesty, fee of office, duty or rent, revenue, annual rents, or such like matters or things, where the rights in future may be bound, an appeal shall lie to the Court of Queen's Bench, sitting in Superior Term in and for the District within which the suit or action shall have been originally instituted; which said Court so sitting in Superior Term, shall proceed to hear and adjudge on such appeal, as to law may appertain, and in the manner hereinafter provided.

Appeals from

C. Courts to

niorterm allow

ed in certain

cases.

peal.

Security.

XLIV. And be it enacted, that the party appealing from any judgment ren- Mode of bringdered as aforesaid by a Circuit Court, or by any Court of Queen's Bench in Infe- ing such ap rior Term, shall, within fifteen days after the rendering of the judgment to be appealed from, (but without being bound to give previous notice thereof to the adverse party) give good and sufficient security, by sureties who shall justify their sufficiency to the satisfaction of the person before whom it shall be given as hereinafter provided, that he will effectually prosecute the said appeal and answer the condemnation, and also pay such costs and damages as shall be awarded by the Court appealed to, if the judgment appealed from should be affirmed; which said security shall be given either before any of the Justices of the Court appealed to, or the Clerk or Prothonotary thereof, and the bond shall then be deposited and remain of record in the office of the latter; or it shall be given before any Justice or Circuit Judge, when holding the Circuit Court in which the said judgment

appealed

Who shall

surety.

Proviso, as

to party agree ing that the

judgment be

executed.

appealed from shall have been rendered, or before the Clerk or Prothonotary of such Circuit Court, and the bond shall then be deposited and remain of record in the office of the latter; and any one surety, being a proprietor of landed property be a sufficient of the value of fifty pounds, currency, over and above all incumbrances payable out of or affecting the same, shall suffice to render such security valid; and the said Justices, and Clerks or Prothonotaries, are hereby respectively authorized to administer all oaths required by law in such cases from the persons so becoming sureties: Provided always, that if the party appealing shall, within the same delay of fifteen days after the rendering of the judgment, agree and declare in writing at the office of the Clerk or Prothonotary of the Court appealed to, or at the office of the Clerk or Prothonotary of the said Court appealed from, that he does not object to the judgment being carried into effect according to law, or shall pay into the hands of either of the said Clerks or Prothonotaries, the amount, in capital, interest and costs, of the said judgment, and shall at the same time declare in writing his intention to appeal, (which amount, when so paid, the respondent shall be entitled to have and receive from the said Clerk or Prothonotary,) then and in that case, the party so appealing, in lieu of the security above required, shall give security only for such costs and damages as shall be awarded by the Court appealed to, in case the appeal be dismissed: And provided also, that when only such last mentioned security shall have been given, the respondent, if the judgment appealed from be reversed, shall not be bound to return to the appellant more than the amount of money so paid by the latter into the hands of the said Clerk or Prothonotary, with the legal interest thereon from the day of the payment of the same to the said Clerk or Prothonotary, or more than the sum levied under the execution sued out upon such judgment, with the legal interest upon such sum from the day of its being so levied, or more than the restitution of the real property whereofthe respondent shall have been put in possession by virtue of the said judgment, and the net value of the produce and revenues thereof, to be computed from the day the respondent shall have been put in possession of such real property, until perfect restitution is made with the costs of such appellant as well in the Court appealed to, as in the Court below, but without any damages, in any of the said cases, against the respondent by reason of the said judgment or of the said execution; any law, custom or usage to the contrary notwithstanding.

Proviso in

such case, as to

what shall be

returned by re

spondent, ifthe judgment be reversed.

Such appeals

to be heard and

a summary

XLV. And for the purpose of obviating delay aud expense in the prosecution of determined in appeals from judgments rendered by the Circuit Courts, or by the Courts of Queen's Bench in Inferior Term, be it enacted, that such appeals shall be prosecuted and proceedings thereon had in a summary manner, by petition of the ap pellant to the Court to which such appeal shall be as aforesaid, setting forth succinctly the grounds of appeal, and praying for the reversal of the judgment appealed from, and the rendering of such judgment as by the Court below ought

manner ;mode of proceeding.

to

to have been rendered; a copy of which petition, with a notice of the time at which it is to be presented to the Court of Queen's Bench sitting in Superior Term, shall be served on the adverse party personally or at domicile, or on his Attorney, al litem, within twenty days from the rendering of the judgment appealed from; and such petition shall be so presented on any of the first ten days of the Superior Term of the Court appealed to, next succeeding the rendering of the judgment, if there shall be an interval of twenty-five days between the rendering of such judgment and the last of the said ten first days of the said Term, and if there shall not be such an interval, then on the first juridical day of the second Superior Term of the Court appealed to, next succeeding the rendering of such judgment: Provided always, that neither the day of the rendering of the judgment appealed from, nor the day of the presenting of the said petition to the Court appealed to, shall be considered as forming part of the said interval of twenty-five days; And provided also, that a true copy of the appeal bond given by the party appealing, certified as such by the Clerk or Prothonotary in whose office it shall have been deposited, shall be annexed to the original of the petition presented to the Court appealed to, and that a copy or copies of the same, certified as such by the party appealing, or his Attorney, shall be served, with the petition and notice hereinbefore mentioned, upon the party respondent.

Proviso.

Proviso.

Other pro

such appeals.

XLVI. And be it enacted, that within the same delay of twenty days after the rendering of the judgment appealed from as aforesaid, the party appealing shall also ceedings cause a copy of the said petition and notice only, to be served upon the Clerk or Prothonotary in the office and custody of whom the record of the suit or action appealed from shall be, with a certificate from the Clerk or Prothonotary of the Court appealed to, that security in appeal has been given, if the appeal bond shall not be deposited in the office of the Court appealed from; and thereupon it shall be the duty of the said Clerk or Prothonotary, of the last mentioned Court without waiting for the presenting of the said petition to the Court appealed to, forthwith to certify under his hand and the seal of the Court, to the Court to which such appeal may lie, and to cause to be transmitted to the Justices of the said Court, (to be filed among the records of the Superior Term thereof,) the judgment, record, notes of evidence, and proceedings to which such appeal shall relate; and after the transmission of the said judgment, record, notes of evidence, and proceedings, and the filing of the said petition of appeal by and on the part of the appellant as aforesaid, the appeal shall, without any further formality, be summarily heard, and judgment thereon rendered by the said Court of Queen's Bench, sitting in Superior Term, as to law and justice may appertain: Provided always, that the Justice by whom the judgment appealed from may have been rendered, shall not sit on the hearing and judgment of the cause upon such appeal; and if the Court be equally divided on the question whether the judgment

on

Hearing on the appeal.

Proviso-what

Judges may sit

on the appeal; division of the case of equal Court provided

for. appealed

Proviso, as to ly prosecuted.

appeals not du

Execution of

Circuit Courts.

Writ of Fieri Facias against

goods.

cuted.

have a per cen

appealed ought or ought not to be affirmed, it shall stand and be affirmed: And provided also, that any appellant who shall neglect to cause a copy of such petition and notice of appeal to be served as aforesaid, or who, after having caused the same to be served, shall neglect to prosecute effectually the said appeal in the manner hereinbefore prescribed, shall be considered to have abandoned the said appeal, and upon the application of the respondent the Court appealed to shall declare all right and claim founded on such appeal to be forfeited, and shall grant costs to the respondent, and order the record (if transmitted) to be remitted to the Court below.

XLVII. And be it enacted, that in every case where judgment shall be rendered judgments of in any Court of Queen's Bench in Inferior Term, or in any Circuit Court, awarding or adjudging the payment of any sum of money, it shall and may be lawful for the Clerk or Prothonotary of the Court, at the expiration of fifteen days after the rendering of the judgment, to issue under the seal of the Court, a writ of fieri facias against goods and chattels; which writ shall be signed by him, and made returnable to the Court, and shall be directed to any of the Bailiffs of the Court of Queen's Bench in and for the District in which the judgment shall have been By whom exe- rendered, who is hereby authorized to levy the sum of money mentioned in such writ, and the costs of execution, upon and from the goods and chattels of the party against whom such judgment shall have been rendered which shall be found within the District, in the same manner, and according to the same rules and regulations of law, by and under which any Sheriff may levy money by virtue of a writ of fieri facias issuing out of any of Her Majesty's Courts of civil jurisdiction Bailiff not to in Lower Canada; but the said Bailiff shall not be entitled, out of the monies so levied by him, to the commission of two and a half per cent. in such case allowed by law to Sheriffs, or to any commission whatever; and the said writ, on or before the day fixed for the return thereof, shall be by the said Bailiff returned into the Court from which it shall have issued, with his proceedings thereon: Proviso-in Provided always, that for the satisfaction of any such judgment, execution shall ri Facias may (except in hypothecary actions) go only against the moveable property of the party condemned, in cases where the sum of money awarded by the judgment shall not exceed ten pounds, currency; and that in cases where the said sum of money so awarded shall exceed ten pounds currency, execution shall go not only against the moveable but also against the immoveable property of the party Hypothecary condemned; as it shall also in all hypothecary actions against the immoveable property declared by the judgment to be hypothecated for the payment of the sum for which such judgment shall have been rendered, whatever be the amount demanded or recovered in the suit: and when execution upon any such judgment shall be sued out against the immoveable property, a writ of fieri facias de terris shall be issued from the Court in which the judgment shall have been rendered,

tage. Return.

what cases Fie

issue against

lands.

actions.

under

how executed

under the seal of the said Court, and signed by the Clerk or Prothonotary thereof, and such writ shall be made returnable to the Court of Queen's Bench in and for writs to whom the District in which the judgment shall have been rendered, at a Superior Term directed, and thereof, and shall be directed to the Sheriff of the said District who is hereby and returned. authorized to levy the sum of money mentioned in such writ, and the costs of execution, upon and from the immoveable property of the party against whom such judginent shall have been rendered, or upon and from the immoveable property declared by the judgment to be so hypothecated as aforesaid, (as the case may be,) in the manner and according to the rules and regulations of law, by and under which any Sheriff may levy money by virtue of a writ of fieri facias de terris issuing out of any of Her Majesty's Courts of civil jurisdiction in Lower Canada; and the said writ, on or before the day fixed for the return thereof, shall be by the said Sheriff returned into the Court of Queen's Bench in Superior Term, with his proceedings thereupon, in the same manner as if such writ had issued from such Superior Term of the said Court; and all ulterior proceedings of what kind soever, consequent upon the issuing of such writ, or necessary for the execution thereof, as well with regard to the plaintiff and defendant, as with regard to other parties, who, according to law, may have intervened in the cause by opposition or otherwise, shall be had in said Court of Queen's Bench in Superior Term, as effectually and in the same manner as if the cause in which such writ shall have issued had been originally brought and determined in the said Court in Superior Term.

Ulterior proceedings con

sequent on such writ.

Alias Writs

in certain cases &c. or lands in other Districts.

against goods,

XLVIII. And be it enacted, that when the party against whom judgment shall have been rendered, either in any Circuit Court, or in the Inferior Term of any Court of Queen's Bench, shall not have, within the District in which such judgment shall have been rendered, sufficient goods, chattels, lands or tenements, to satisfy the said judgment in capital, interest and costs, but shall have goods, chattels, lands or tenements within any other District in Lower Canada, an alias writ de bonis or de terris, as the case may be, shall issue from the Court in which the judgment shall have been rendered, under the seal of the said Court, and signed by the Clerk or Prothonotary thereof; which alias writ shall be made returnable to the Court out of which it shall issue, if it be a writ de bonis, and to the Court of Queen's Bench, in and for the District in which the judgment shall have been rendered, at a Superior Term thereof, if it be a writ de terris, and shall be directed to the Sheriff of such other District; which said alias writ, after having been endorsed by one of the Justices of the Court of Queen's Bench in and for such other District, shall be executed in the latter District by the Sheriff thereof, as if it were a writ of execution issued from the Superior Term of the said Court of Queen's Bench in and for his own District, and in the same manner and according to the same rules and regulations of law; and the said writ shall be, by the said And returned.

How to bo

executed in

such other Dis

trict.

last