Terms of Courts of Q. Β.

when to be holden.

Quebec.

Montreal.

shall be and is hereby repealed; and Terms or Sessions of the said Courts, respectively, shall be holden at the times hereinafter appointed, in every year, that is to say: In the District of Quebec, for the cognizance of all crimes and criminal offences, from the first to the tenth day of each of the months of February and August, both days inclusive: In the said District, for the cognizance of all suits or actions of a civil nature, or where the Crown may be a party, cognizable by the said Courts in Superior Term, from the fifteenth to the twenty-ninth of each of the months of January and July-from the seventeenth to the thirty-first day of each of the months of March and May-and from the sixteenth to the thirtieth day of each of the months of September and November, both days in every case inclusive: In the District of Montreal, for the cognizance of all crimes and criminal offences, from the first to the fifteenth day of each of the months of February and August, both days inclusive: In the said District, for the cognizance of all suits or actions of a civil nature, or where the Crown may be a party, cognizable by the said Courts in Superior Term, from the fifteenth to the twenty-ninth day of each of the months of January and July-from the seventeenth to the thirty-first day of each of the months of March and May-and from the sixteenth to the thirtieth day of each of the months of September and November, both days in every case inclusive: In the District of Three Rivers, for the cognizance of all crimes and Three Rivers. criminal offences, and of all suits or actions of a civil nature, or where the Crown may be a party, cognizable by the said Courts in the Superior Terms or Sessions thereof, from the twelfth to the twenty-sixth day of the month of February, and from the fourteenth to the twenty-eighth day of October, both days in each case inclusive; and for the cognizance of such suits or actions as aforesaid, but not for the cognizance of crimes and criminal offences, from the nineteenth to the twentyeighth day of June, both days inclusive: In the District of St. Francis, for the cognizance of all crimes and criminal offences, and of all suits or actions of a civil nature, or where the Crown may be a party, cognizable by the said Courts in Superior Term, from the seventh to the eighteenth day of January, and from the nineteenth to the thirty-first day of August, both days inclusive; And the said tinpartit Courts shall sit for the purposes aforesaid on each and every day during the said days. Terms or Sessions, Sundays and Holidays excepted; and every juridical day during the same shall be a Return day.

X. And be it enacted, that every writ or process issued before this Act shall be in force, which shall have been made returnable into any Court of Queen's Bench, in the exercise of its criminal or of its civil Jurisdiction on any day subsequent to the commencement of this Act, shall be returned into such Court of Queen's Bench on that juridical day of any Term of such Court held for the cognizance of matters of the nature of that in which such writ or process shall have issued, which shall be next after the day on which such writ or process shall have been made returnable.

St. Francis.

return

Return of process issued

before this Act shall

Jurisdiction of Courts of

rior term.

XI. And be it enacted, that the said Courts of Queen's Bench shall, in the Q. B. in supe. Superior Terms thereof aforesaid, take cognizance of all suits or actions (those purely of Admiralty jurisdiction excepted) which shall not be cognizable by the said Courts in the Inferior Terms thereof hereinafter mentioned, or in the Circuit Courts hereinafter established, or which shall be evoked or otherwise removed from the said Inferior Terms, or from the said Circuit Courts, or from any other Court or Jurisdiction, into the said Superior Terms, and of such suits or actions only, unless in any case it be otherwise provided by this Act, and excepting always such suits, actions or proceedings, as shall be pending in any such Court of Queen's Bench immediately before the time when this Act shall come into force.

Enquêtes in superior term.

Trials by jury in vacation.

or

Case of the recusation incompetency of any Justice of Q. B. pro

XII. And be it enacted, that the Enquêtes in causes cognizable in the Superior Terms of the said Courts of Queen's Bench shall be taken before a single Justice, or before more than one Justice of the said Courts respectively, as well in Term as in Vacation; and that for that purpose it shall be lawful for the Justices of the Court to assign one room, or more than one room, in the Court-House in which the Court is held, for the taking of such Enquêtes therein, and to fix the number of clerks or writers whom the Clerk or Prothonotary of the Court shall employ for taking such Enquêtes, accordingly as the case shall require.

XIII. And be it enacted, that the Justices of each of the said Courts of Queen's Bench, or any one of them, shall and they are hereby authorized, in all cases of trial by jury in civil matters, to try the issue of fact and to receive the verdicts of juries in Vacation between the Superior Terms of the said Courts, on such days as during the said Terms they shall have appointed for that purpose: any law to the contrary notwithstanding.

XIV. And be it enacted, that whenever any one or more of the said Justices of any one of the said Courts of Queen's Bench shall be lawfully recused or disqualified, or rendered incompetent, either by interest or otherwise, to sit in such Court in the Superior Term thereof, in any cause cognizable therein, so as to leave the said Court without a quorum to take cognizance of such cause, it shall be the duty of the Clerk or Prothonotary of the said Court, when thereunto duly required in writing by any of the parties, to report the fact, under his hand and the seal of the Court, to the Governor of this Province; and it shall then be lawful for the Governor of this Province, by an instrument under his hand and seal, to appoint and empower, ad hoc, any one or more of the Justices of any other of the said Courts of Queen's Bench to sit in the place and stead of the said Justice or Justices, so recused or disqualified, or rendered incompetent, for the purpose of hearing and determining such cause; and the said Justice or Justices so appointed, ad hoc, when acting as such, shall have, during the continuance of such appointment, appointment, the same powers and authority, in and with respect to the said cause, as the said Justice or Justices so recused, disqualified or rendered incompetent, would otherwise have had.

XV. And be it enacted, that whenever the four Justices of the Court of Queen's Bench for the District of Quebec or of Montreal shall be equally divided in any cause or matter, so that no judgment can be given therein, it shall be the duty of the Clerk or Prothonotary of the Court, when thereunto duly required in writing by any of the parties, to report the fact, under his hand and the seal of the Court, to the Governor of this Province; and it shall be lawful for the said Governor, by an instrument under his hand and seal, to appoint and empower any one of the Justices of any other of the said Court of Queen's Bench, or any Circuit Judge, to sit, ad hoc, with the Justices of the said Court so equally divided, for the purpose of hearing and determining the cause or matter in which they shall be so divided; and the Justice so appointed ad hoc, when acting as such, shall have, during the continuance of his said appointment, and with regard to such cause or matter, as aforesaid only, the same powers and authority as any other Justice of the said Court of Queen's Bench.

When the Court of Q. В.

in Quebec or Montreal is ed, a report

equally divid

thereof to be
made to the

Governor, who
Judge, ad hoc.

may appoint a

Default cases

XVI. And be it enacted, that if the defendant in any suit or action instituted in any Court of Queen's Bench in any Superior Term thereof, should not appear provided for. personally, or by his Attorney, on the day fixed for the return of the writ of summons, his default shall be recorded; and in such case it shall not be necessary that the said defendant be called on the third day, or at any other time thereafter, nor shall he be entitled to appear within the term of three days after the day of the return of the writ of summons, or at any other time after the said day, and have the said default taken off, unless express permission be given him by the Court, any law, usage or custom to the contrary notwithstanding; and after the said default shall have been so recorded, the Court shall proceed to hear, try and determine the said suit or action in due course of law; and every such writ of summons shall be served at least ten days (of which neither the day of service nor the day of the return shall be reckoned as one,) before the service and reday fixed for the return thereof if there be not more than five leagues from the place of service of the writ to the place where the Court shall be held; and if, in any such case, there be more than five leagues, then there shall be an additional delay of one day for every additional five leagues.

XVII. And be it enacted, that all writs of summons issuing from any Court of Queen's Bench, and returnable in any Superior Term thereof, except writs of capias ad respondendum, saisie arrêt before judgment, saisie gagerie or saisie revendication, shall be directed to and executed and returned by any of the

Bailiffs

Delay between

turn of sum

mons.

Certain writs of summons to

be directed to Bailiffs.

Others to Sheriffs.

Bailiffs of such Court, any law or custom to the contrary notwithstanding: save and except all cases where any such writ shall be to be executed, wholly or in part, in any District other than that for which such Court is established, in which cases the said writs of summons, as well as writs of capias ad respondendum, saisie arrêt before judgment, saisie gagerie or saisie revendication, in all cases in Superior Term, except those with regard to which other provision is hereinafter made, shall continue to be directed to and executed and returned by Sheriffs as

Copies, how heretofore; and when any such writ of summons shall be directed to Bailiffs as

certified in the first case.

Writs or process to be in both languages.

Inferior terms, when to be holden.

aforesaid, the copies of the same to be served upon parties according to law, shall be certified as true copies, either by the Clerk or Prothonotary of the said Court, or by the Attorney of the party suing out such writ.

XVIII. And be it enacted, that every writ or process issuing out of any Court of Queen's Bench, (whether in the superior or in the inferior term thereof,) or out of any of the Circuit Courts hereinafter established, shall be in both the English and the French languages, any law, usage or custom to the contrary notwithstanding.

XIX. And be it enacted, that Inferior Terms of each of the said Courts of Queen's Bench shall be held by the Chief Justice, or one of the Puisné Justices thereof, in each of the said Districts of Quebec, Montreal, Three Rivers and Saint Francis, at the times hereinafter appointed, in every year, and at the places in which the said Courts are by law directed to sit in Superior Term, that

In Quebec is to say: In the said Districts of Quebec and Montreal, from the seventeenth to

and Montreal.

Rivers.

the twenty-third day of February; from the twenty-fourth to the thirtieth day of April; from the twenty-first to the twenty-seventh day of each of the months of June, August and October; and from the first to the seventh day of December,

In Three both days in every case inclusive: In the said District of Three Rivers, by the Resident Judge for that District, from the first to the seventh day of each of the months of February, April, June, August, October and December, both days in every case inclusive: In the said District of Saint Francis, by the Provincial Judge of the said District, from the first to the seventh days of each of the said months of February, April, June, August, October and December, both days in every case inclusive.

In St. Francis.

XX. And be it enacted, that the said Courts of Queen's Bench, in the said InQ. B. in infe- ferior Terms thereof, shall have cognizance of, hear, try and determine, in a summary manner, all civil suits or actions, or where the Crown may be a party, (those purely of Admiralty jurisdiction excepted,) wherein the sum of money or the value of the thing demanded shall not exceed the sum of twenty pounds currency, and wherein no writ of capias ad respondendum shall be sued out; and if the

Proviso-Evo

tain cases by defendant.

the said sum or value shall not exceed six pounds five shillings currency, then the suit or action shail be determined according to equity and good conscience: Provided always, that if any such suit or action shall relate to any title to lands or cation in certenements, or to any sum of money payable to Her Majesty, or to any fee of office, duty or rent, revenue, annual rents, or such like matters or things, where the rights in future may be bound, or shall be a suit or action in which a trial by jury may by law be had, it shall be lawful for the party defendant, before making his defence to the merits of any such suit or action, to evoke the same, and by such evocation to require that the said suit or action be removed and carried to hearing, trial and judgment in the same Court sitting in Superior Term, and every such evocation shall be filed and entered on record, and the said suit or action shall thereupon be removed into the Superior Term of the Court; which Court, so sitting in Superior Term, shall proceed to hear and determine, in a summary manner, whether the said evocation be well founded; and if it should maintain the said evocation, and adjudge the same to be well founded, proceedings shall thereupon be had in the said Court so sitting in Superior Term, to trial, judgment and execution, according to the rules of proceeding in such Superior Term, and as if the said suit or action had been originally instituted in the said Superior Term; and if the said evocation should be overruled, the said suit or action shall be remitted to the next Inferior Term of the Court, there to be heard, tried and finally determined.

XXI. And be it enacted, that if in any suit or action which may be so evoked, as aforesaid, the defendant shall not evoke the same, but shall make any plea or defence by which the plaintiff's title to any lands or tenements shall be disputed or called in question, or by which, if maintained, his rights in future would be impaired or injuriously affected, it shall then be lawful for the plaintiff to evoke such suit or action, in the same manner and with the same effect, as the defendant might have done, and such evocation, and the suit or action so evoked, shall be subject to the provisions herein-before made as to suits or actions evoked by the

defendant.

XXII. And be it enacted, that each of the said Courts of Queen's Bench, in the Inferior Terms thereof, shall have concurrent jurisdiction, throughout the District for which it is established, with the Circuit Courts hereinafter mentioned, sitting within the said District : Provided always, that if any action which might have been brought at a Circuit Court, shall be brought at any such Inferior Term, no greater sum shall be recoverable by the plaintiff as costs for mileage or allowance to witnesses than would have been incurred if the action had been brought at such Circuit Court, unless the action shall have been brought at the Inferior Term with the consent of the defendant.

Proceedings on evocation.

Evocation by

plaintiff, in connature of defendant's plea.

sequence of the

Jurisdiction of

Q. B. in infe

rior term to be over the whole

District.

Proviso.