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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.

pé now pend

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 ex officio a Justice of the Peace to beChairman for the County in which he shall reside, and it shall be his duty to act as Chair- sions. man 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 Scs

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 And be it enacted, that from and after the commencement of this Act, Acts repealed.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. 25. 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 thercin 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
Canada.

W

[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

Queen's Most Excellent Majesty, by and with the advice and consent of the Legisla tive Council and of the Legislative Assembly of the Province of Canada, consti tuted and assembled by virtue of and under the authority of an Act passed' in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Govern ment of Canada, and it is hereby enacted by the authority of the same, that so much of an Act of the Legislature of Lower Canada, passed in the thirty fourth year of the Reign of His late Majesty King George the Third, intituled, An Act for the division of the Province of Lower Canada, for amending the Judicature thereof, and for repealing certain laws therein mentioned, as in any manner relates to the establishment and constitution of the said Provincial Court of Appeals in Lower Canada, shall be, and the same is hereby repealed, and the said Pro vincial Court of Appeals shall be and the same is hereby abolished.

Part of the

Act of L. C. repealed.

34 G. 3. c. 6

Court of

lished.

II. And be it enacted, that there shall be established in Lower Canada, a
Court of Record to be called "The Court of Appeals for Lower Canada "; and Appeals estab
the said Court shall consist of all the Justices of the several Courts of Queen's
Bench in Lower Canada.

III. And be it enacted, that the Court of Appeals hereby established, and the Justices thereof, shall have, hold and exercise an Appellate Civil Jurisdiction, and also the Jurisdiction of a Court of Error, within and throughout Lower Canada, with full power and authority to take cognizance of, hear, try and determine in due course of Law, all causes, matters and things appealed and to be appealed, removed and to be removed by Writ of Error from all and every the Courts and jurisdictions wherefrom an Appeal or Writ of Error by law lies or is allowed, or hereafter may by law lie or be allowed.

IV. And be it enacted, that all and every the powers, authorities and juris diction which by law are required to be exercised, and may or might be exer cised by and are vested in the Provincial Court of Appeals hereby abolished, and by or in the several Judges or Members thereof, or any of them, as well in Court as out of Court, in Term as out of Term, or in Vacation, shall, in so far as the same may not be inconsistent with the other provisions of this Act, become and be vested in the Court of Appeals hereby established, and shall and may be as effectually exercised by the said last men.. tioned Court of Appeals and the Justices thereof, severally and respectively, in Court or out of Court, in Term or out of Term, or in Vacation, as the same might have been exercised and enjoyed by the Provincial Court of Appeals hereby abolished, and the several Judges or Members thereof, or any of them, in Court or out of Court, in Term or out of Term, or in Vacation, if this Act had not been passed. U

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Order of preV. And be it enacted, that in the Court of Appeals hereby established, the cedence among the Justices of Chief Justice of Lower Canada, or in his absence, or in the case of vacancy of his the Court. office, the Chief Justice for the District of Montreal or for the District of Quebec, as the case may be, or in the absence of both the said Chief Justices, or in case of vacancy of their offices, respectively, the senior of the other Justices present shall preside; and when both the said Chief Justices shall happen to be sitting together in the said Court, the Chief Justice of Lower Canada shall have precedence.

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Proviso:

a judgment

concurred in

of the Justices

present to be binding.

Judgment appealed from,

to be affirmed

when the Court is equally divided.

Clerk to be appointed.

To have a Deputy.

powers.

VI. And be it enacted, that three Terms of the Court of Appeals hereby established shall be holden in every year by the Justices thereof, in which Terms any four of the said Justices shall form a Quorum, and may hold the Court and exercise the powers and authority thereof; and that the said Terms shall be so holden alternately in the Cities of Quebec and Montreal, during the following periods, that is to say from the first to the tenth day of each of the months of March, July and November, both days inclusive: Provided always, that the first Term of the said Court shall be held in the City of Quebec.

VII. And be it enacted, that in any case brought before the Court of Appeals hereby established, the Justices of the Court appealed from shall not sit and act in the said Court of Appeals, whether such Justices shall in the Court below have concurred in or dissented from the Judgment appealed from, or shall have been absent at the rendering thereof: Provided always, that any Judgment or Order concurred in by any Majority of the Justices present at any sitting of the said Court of Appeals, shall have the same force and effect as if concurred in by all the Justices present: And provided also, that the judgment appealed from shall stand and be affirmed in all cases where the Justices present at any sitting of the said Court of Appeals shall be equally divided on the question whether such judgment shall be affirmed or not.

VIII. And be it enacted, that it shall be lawful for the Governor of this Province to appoint, from time to time, a Clerk of the Court of Appeals hereby established; and the said Clerk shall reside either in the City of Quebec, or in the City of Montreal, and shall, by an instrument under his hand and seal, Deputy's appoint a Deputy who shall reside in that one of the said Cities in which the said Clerk shall not have his domicile; and such Deputy is hereby authorized to perform the duties of the Clerk of the Court of Appeals, and shall continue to perform the said duties as acting Clerk of the said Court of Appeals, in case of the death, dismissal, suspension from office, or resignation of the said Clerk, until the appointment of his Successor in the said office; and the instrument by which such Deputy Clerk shall have been appointed, shall be entered at full length in the Register of the Court: Provided always, that it shall be lawful for

Proviso.

the

the said Clerk, at all times, to remove such Deputy, and to appoint another in his place.

IX. And be it enacted, that no Clerk or Deputy Clerk of the said Court of Appeals, shall during his continuance in office, or while he shall be such Deputy, practise as an Advocate, Proctor, Solicitor, Attorney or Counsel in any Court

of Law in Lower Canada.

Clerk or his Deputy not to

practice as Attorney, &c.

X. And be it enacted, that all Writs and Process to be issued from and out of Style of Writs the said Court of Appeals hereby established, shall run and be in the name and and Process. style of Her Majesty, Her Heirs and Successors, and shall be sealed with the seal of the said Court, and shall be tested in the name of that one of the Justices of the said Court present in Lower Canada, who for the time being, shall be entitled to precedence over the other Justices thereof, and shall be signed by the said Clerk

or his Deputy, whose duty it shall be to prepare and make out the same; and To be in both every such Writ or Process shall be in both the English and the French lan- languages. guage; any law, usage or custom to the contrary notwithstanding.

Case of recusation, or

provided for.

Justices ad

XI. And be it enacted, that whenever any number of the Justices of the said Court of Appeals hereby established shall be lawfully recused, or disqualified or disqualificarendered incompetent, either by reason of interest or otherwise, to sit in the said tion of Justices Court of Appeals, in any cause cognizable thereby, so as to leave the said Court without a Quorum to take cognizance of the same, it shall be the duty of the Clerk of the Court, when duly required so to do in writing by any of the parties, to report the fact to the Governor of this Province, and such report shall be signed by him and sealed with the seal of the said Court; and it shall then be lawful for the Governor of this Province, by an instrument under his hand and seal to appoint ad hoc a like number of Members of the Bar of Lower Canada, hoc to be apto sit in the said Court of Appeals, in the place and stead of the Justices so recused, or disqualified or rendered incompetent, for the purpose of hearing and determining such cause as aforesaid; and the persons so appointed to act as Justices ad hoc, shall, when acting as such, have the same powers and authority in and with respect to the said cause as the Justices so recused, disqualified or rendered incompetent would otherwise have had: Provided always, that the per- Proviso. sons so appointed shall be of at least eight years' standing at the Bar of Lower Canada.

pointed.

extended to the

XII. And be it enacted, that all and every the Laws of Lower Canada, which Certain Laws immediately before the period hereinafter appointed for the commencement of this Court of ApAct, shall be in force to govern and direct the proceedings and practice of the peals. Provincial Court of Appeals hereby abolished, and which are not repealed or

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