varied by this Act, or inconsistent with the provisions thereof, shall continue to be in force and be observed in and by the Court of Appeals hereby established, in the same manner as they would have been observed in the Provincial Court of Appeals hereby abolished, if this Act had not been passed.

XIII. And be it enacted, that it shall be the duty of the Court of Appeals hereby established, within twelve months after the commencement of this Act, to make and establish, as well for the said Court of Appeals as for the several Courts of Queen's Bench in Lower Canada, in the Superior Terms thereof, a Tariff of Fees for the Officers of the said Courts, respectively, and the Attornies practising therein, and also such Rules of Practice as may be necessary in civil matters, touching the service of Process, the execution and return of Writs, proceedings for bringing causes to issue and judgment as well those to be had in Court as out of Court, in term as out of term and in vacation, and other matters of proceeding and regulations touching the conduct of the business before the said Courts respectively; which Tariff of Fees and rules of practice, the said Court of Appeals shall have power and authority to repeal, alter and amend from time to time: Provided always, that no rule of practice so to be made and established by the said Court of Appeals, shall be contrary to, or inconsistent with this Act, or any other Act or Law in force in Lower Canada; otherwise the same shall be null and void: And provided also, that until such Tariff of Fees and rules of practice shall be made and duly established by the said Court of Appeals as aforesaid, for the said Court and for the said Courts of Queen's Bench, respectively, the Tariff of Fees and rules of practice in force with regard to the Provincial Court of Appeals hereby abolished, immediately before the commencement of this Act, shall be in force with regard to the Court of Appeals hereby established, and the Tariff of Fees and rules of practice in force at the time last mentioned with regard to the several Courts of King's Bench (thereafter to be in certain cases called Courts of Queen's Bench) in Lower Canada, shall continue to be in force with regard to the said Courts, respectively; subject however to such amendments as may be made therein by the said Courts of Queen's Bench, respectively, until a Tariff of Fees and rules of practice shall have been made for the said Courts of Queen's Bench respectively, by the said Court of Appeals: Provided always, that nothing herein contained shall be held to continue in force or to render valid any part of the said rules of practice which may be contrary to or inconsistent with this Act, or any Act or Law in force in Lower Canada.

XIV. And be it enacted, that so much of the Act of the Legislature of Lower Canada, passed in the forty-first year of the Reign of His late Majesty King George the Third, intituled, An Act to amend certain forms of proceeding in the Courts of Civil Jurisdiction in this Province, and to facilitate the Administration of Justice,

Justice, or of any other Act or Law, as empowers any Court of King's Bench, (or Queen's Bench) to establish orders and rules of practice touching the service of Process, the execution and returns of Writs, or proceedings for bringing causes to issue, and other matters of regulation within the said Courts, for or with regard to the Superior Terms of the said Courts, shall be and is hereby repealed from and after the expiration of one year from the commencement of this Act.

XV. And be it enacted, that all final judgments rendered by the said Court of Appeals hereby established, shall contain a summary statement of the points of Fact and Law, and the reasons upon which such judgment shall be founded, and the names of the Justices who shall have concurred therein or entered their dissent therefrom.

XVI. And whereas it is necessary to provide for the performance of the duties of the Justices of the several Courts of Queen's Bench in Lower Canada, during the Terms of the Court of Appeals hereby established, and during a certain time before and after: Be it therefore enacted, that the Circuit Judges in and for either of the Districts of Quebec and Montreal, and the Commissioners of Bankrupts resident in the Districts of Three Rivers and St. Francis, respectively, shall, during any Term of the Court of Appeals, and during the four days next before the first day, and during the four days next after the last day of such Term, have and exercise, in such Districts, respectively, the same powers and authority as if they were appointed, for the period aforesaid, Assistant Judges of the Court of Queen's Bench in and for such Districts, respectively; excepting always the power of sitting in the said Court of Appeals.

XVII. And be it enacted, that an Appeal shall lie from the judgments of the Court of Appeals hereby established, to Her Majesty, Her Heirs and Successors, in Her or Their Privy Council, in that part of the United Kingdom of Great Britain and Ireland called England, in all, each and every of the cases in and with respect to which an Appeal, immediately before the commencement of this Act, would lie from the judgments of the Provincial Court of Appeals hereby abolished, to Her Majesty in Her Privy Council, upon the terms and conditions, and in the manner and form, and under and subject to the restrictions, rules and regulations established with regard to Appeals from the said Provincial Court of Appeals to Her Majesty in Her Privy Council.

XVIII. And be it enacted, that all and every the Records, Registers, Documents and proceedings of the Provincial Court of Appeals hereby abolished, shall forthwith after the commencement of this Act, be transmitted into and make part of

the

Laws inconsistent with

the Records, Registers, Documents and proceedings of the Court of Appeals hereby established.

XIX. And be it enacted, that no judgment, order, rule, or act of the Provincial Court of Appeals hereby abolished, legally pronounced, given, had or done before the commencement, of this Act, shall be hereby avoided, but shall remain in full force and virtue, as if this Act had not been passed; nor shall any Cause, Appeal, Writ of Error, or proceeding, depending in the said Provincial Court of Appeals be abated, discontinued, or annulled, but the same shall in their then present condition, be respectively transferred to, and subsist and depend in the Court of Appeals hereby established, to all intents and purposes, as if they had been respectively commenced, brought or recorded in the said last mentioned Court; and the said Jast mentioned Court shall have full power and authority to proceed accordingly in and upon all such Causes, Appeals, Writs of Error and proceedings, to judgment and execution, and to make such rules and orders respecting the same, as the Provincial Court of Appeals hereby abolished might have made, or as the said Court of Appeals hereby established is hereby empowered to make in Causes, Appeals, Writs of Error and proceedings commenced in, or depending before the said last mentioned Court.

XX. And be it enacted, that every Writ or Process which shall have been made returnable into the Provincial Court of Appeals hereby abolished, on any day subsequent to the commencement of this Act, shall be returnable into the Court of Appeals hereby established, and shall be held and considered to be returnable on the first day of the Term of the said last mentioned Court, next following the day on which such Writ or Process shall have been made returnable.

XXI. And be it enacted, that so much of any Act, Ordinance or Law, as shall this Act re- be repugnant to or inconsistent with this Act, shall be and is hereby repealed.

pealed.

Interpretation clause.

XXII. 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 cominission 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 only, shall be understood to include several matters of the same kind as well as one matter, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction.

XXIII. And be it enacted, that the foregoing enactments of this Act shall At what time commence and have force and effect upon, from and after the twenty first day of April, one thousand eight hundred and forty four, and not before.

CAP XIX.

An Act to provide for the Summary Trial of Small Causes in Lower
Canada.

WH

[9th December, 1843.]

this Act shall come into force.

On Petition of the Inhabi

tants, Commismay be established in cer

sioners' Courts

HEREAS experience hath shown, that an easy and expeditious mode of Preamble, recovering petty debts, and deciding causes where the matter in dispute is of small value, in Lower Canada, is materially beneficial to the Inhabitants of that portion of this Province; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted 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, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that whenever a petition praying for the establishment of a Commissioners' Court, for the purposes herein. after mentioned, shall have been presented by at least one hundred proprietors of lands or tenements in any Parish, Township or extra-Parochial place in Lower Canada, to the Governor of this Province, it shall be lawful for him to appoint one or more persons resident in such Parish, Township or extra-Parochial place, to be Commissioner or Commissioners in and for the same, and to hold the Commissioners' Court therein, for the purposes of this Act: Provided always, that no appointment of a Commissioner or Commissioners shall be made upon such Petition, unless it shall be certified thereupon to the Governor, by three of the principal Inhabitants of such Parish, Township or extra-Parochial place, that the persons whose names are thereunto subscribed, are really inhabitants of such Parish, Township or extra-Parochial place, and proprietors of lands and tenements therein: And provided also, that no Bailiff, Serjeant of Militia, Tavern-keeper or person keeping a house of public entertainment, shall be appointed, or shall act as a Commissioner, for the purposes of this Act.

II. Provided always, and be it enacted, that in and for the Cities and Parishes of Quebec and Montreal, the Circuit Judges hereafter to be appointed in and for the Districts of the same names, respectively, under a certain Act passed during

the

tain places.

Proviso.

Proviso Cer not to be Com

tain persons

missioners.

Circuit Judges sioners ex offiand Montreal.

to be Commis

cio in Quebec

Proviso.

Amount of

Jurisdiction of sioners Courts, and class of

the Commis

cases therein cognizable.

Exceptions.

Persons under

21 but over 14

years, may sue for wages.

Oral testimony receivable tho

the amount in dispute exceed

100 livres.

Defendant

may in certain

the present Session, shall be cx officio Commissioners for the purposes of this Act, and shall hold the Commissioners' Courts in and for the places aforesaid, respectively: Provided a petition, as hereinbefore required, be presented, and no other Commissioners shall at any time be appointed in and for the same: Provided also, that by the City and Parish of Quebec, the Parish of St. Roch shall be understood to be intended and included for all the purposes of this Act.

III. And be it enacted, that each of the Commissioners' Courts aforesaid, shall have power to hear, try and determine, in a summary way, according to the rights of the parties, and to equity, and good conscience, and to the best of the knowledge and judgment of the Commissioner or Commissioners by whom they shall be held, all suits and actions, (with the exceptions hereinafter made) purely personal or relating solely to moveable property, wherein the sum or the value of the thing demanded shall not exceed six pounds five shillings, currency, and the Defendant or Defendants shall be resident within the Parish, Township or extraParochial place, in and for which the Commissioner or Commissioners shall have been appointed.

IV. Provided always, and be it enacted, that the Jurisdiction of the Commis sioners' Courts established under this Act shall not extend to actions for Slander, or for Assault or Battery, nor to such as shall relate to Paternity, or to the Civil Estate of persons in general, or for Seduction, or Lying-in expenses, or for any Fine or Penalty whatever.

V. And be it enacted, that any person under the age of twenty-one years, but above the age of fourteen years, may prosecute a suit in any Commissioners' Court held under this Act, for any sum of money not exceeding six pounds five shillings, currency, due to him for wages, in the same manner as if he were of full age; any law to the contrary notwithstanding.

VI. And be it enacted, that in matters cognizable in the said Commissioners' Courts, proof by oral testimony shall be receivable and sufficient in all cases wherein, before the passing of this Act, it would have been receivable and sufficient, if the sum or the value of the thing in dispute had been of less than one hundred livres, ancien cours; and any law heretofore in force in Lower Canada, requiring proof in writing, or a commencement of proof in writing, in such cases, is hereby repealed.

VII. Provided also, and be it enacted, that whenever there shall not be a Comcases be sued, missioner appointed for and resident in the Parish, Township, or extra-Parochial place in which the Defendant shall reside, or if all the Commissioners be absent

before the

or