TABLE OF FEES in the Inferior Terms of the Courts of Queen's Bench, &c.-Continued. For each copy, more than one, of any declaration, petition in intervention, On each rule to take up the instance or to declare a re a judgment executory, or for contrainte par corps, or other ruleof a like nature when declared absolute to the Attorney prosecuting the same.. And when over-ruled to the Attorney resisting the application.... On a commission rogatoire, and all proceedings relative thereto-to the For every writ of summons or For each copy of a subpana or rule, and for each copy more than one of any writ... For an office copy of any document, including the certificate, per hundred For each appeal bond, and on each evocation, including attendance and the making up and transmission of the record.. Δελνετο κραγTO THE ATTORNEY. OF ADDITIONAL FEES ON CERTAIN PROCEEDINGS. or opposition...... For each plea in writing ordered by the Court, including copy.. Attorney suing out the same. And to the Attorney of the opposite party... such commission... For every copy of a rule or order of Court..... For suing out any writ of execution.. For bill of costs and attendance at taxation........ COURER TO THE CLERK. For every original subpæna... opposition or incidental demande..... On the contestation of the same to be paid by the party contesting it.... or other rule of like nature.... .... words...... For each writ of execution. For each bill of costs and certificate, if demanded.. On the execution of a commission rogatoire from any other Court...... : : : : : : 02 For a copy of any judgment, whether interlocutory or final, if demanded. 02 On every action, opposition or intervention returned into Court......... 0 16 For the sale of goods and chattels, exclusive of mileage. For publishing the notices of the sale.. For the service of any notice, and the certificate and return. If the writ be returnable into the Queen's Bench in Superior Term, the On the examination and cross, examination (if any) of each witness under such commission rogatoire....... On each appointment of a Tutor or Curator (acte de tutelle ou de curatelle) or other appointment of a like nature, and one copy thereof. On the closing of an inventory, and certificate of the same. On any insinuation. And for each one hundred words of the document registered.. TO THE CRIER. TO THE TIPSTAFF. On every action, opposition or intervention returned into Court....... TO THE SHERIFF OR BAILIFFS. Mileage on the service or execution of a writ or of process of any kind, at For the service, certificate or return, of such writ or process.. exclusive of mileage..... For his recors. CAP. Preamble. Certain parts of the Act of L. C. 34 Geo. 3, c. 6, repealed, aud the Pro vincial Court and Inferior District of Gaspé aboished. District of Gaspé constituted. CAP XVII. An Act to establish the District of Gaspé, and to provide for the due administration of Justice therein. W [9th December, 1843.] THEREAS, from the increase of Population and Commerce in the Inferior District of Gaspé, it hath become necessary to make more ample provision for the due administration of Justice therein, to change the system of Judicature heretofore existing there, which has been found by experience to be inadequate to the wants of the inhabitants of that important section of the Province, and to establish therein as nearly as circumstances will allow, the same system of Judicature which is established in other portions of the 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, and 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 so much of the Act of the Legislature of Lower Canada, passed in the thirty-fourth year of the Reign of His late Majesty King George the Third, and intituled, "An Act for the division of the Province of Lower Canada, for "amending the Judicature thereof, and for repealing certain Laws therein men" tioned," as constitutes the Inferior District of Gaspé, or provides for the establishment of a Provincial Court therein, or enacts that the said Inferior District, or any part thereof, shall for any purpose whatever form part of the District of Quebec, shall be and so much of the said Act is hereby repealed, and the said Provincial Court shall be and is hereby abolished. II. And be it enacted, that all that part of this Province which heretofore constituted the Inferior District of Gaspé, shall hereafter constitute and be called the "District of Gaspé," and shall be, for all purposes of Judicature whatever, entirely separate and distinct from the District of Quebec, and the said District of Gaspé and the Courts therein to be established shall be in all things in the same relative position with regard to the other Districts of Lower Canada and to the Courts therein, in which each of the said other Districts, and the Courts therein established, is with regard to the other Districts or with regard to the Courts therein established. Two District trict. said District of Gaspé, one of whom shall reside at Percé, in the County of Gaspé, the said Disand the other at New Carlisle, in the County of Bonaventure, as shall be directed by the Letters Patent appointing them, respectively; and that no person shall be appointed to be such District Judge, unless he shall be at the time of his appointment as aforesaid, an Advocate of five years' standing at the Bar of Lower Canada, or shall have been a Judge of the Provincial Court hereby abolished; and that no such District Judge shall sit or vote in the Executive Council, or in the Legislative Council, or in the Legislative Assembly of this Province, or shall hold any other place of profit under the Crown in this Province, so long as he shall hold the said office of District Judge. the said Dis By whom to IV. And be it enacted, that in each of the said Counties of Gaspé and Bona. Circuit Courts venture, there shall be Courts of Record of Civil Jurisdiction, to be called Cir- established in cuit Courts, which shall be holden by and before one of the District Judges to trict. be appointed as aforesaid: Provided always, that the Circuit Courts in the County of Gaspé, shall be ordinarily holden by and before the District Judge resident at Percé, and the Circuit Courts in the County of Bonaventure, shall be held. be ordinarily holden by and before the District Judge resident at New Carlisle but if from illness, necessary absence, interest in a suit or action, recusation, or other cause, either of the said District Judges be unable to hold any Court, hear any cause or perform any duty, required to be holden, heard or performed in the County in which he shall be resident, it shall be the duty of the other Judge, on being informed thereof, to hold such Court, hear and determine such cause, or perform such duty, if it be in his power so to do, without neglecting equally important and urgent duties in the County in which he shall be resident; nor shall any thing in this Act be construed to prevent either of the said District Judges from exercising or performing within either of the said Counties any power or duty which he could lawfully perform or exercise in the other, and the said District Judges shall mutually assist each other to the best of their ability in the performance of their judicial duties in the said District of Gaspé. Courts and the Officers to V. And be it enacted, that except in those cases in which it is otherwise pro- herExcept as vided by this Act, or where it shall be inconsistent with the express enact-cepted, the ments thereof, the Circuit Courts hereby established, and the Judges and Offi- said Circuit cers thereof, shall have like jurisdiction, power, authority and duties with the Cir- Judges and cuit Courts established by the Act passed during the present Session, and inti- have the same tuled, "An Act to amend the law relative to the Administration of Justice in Lower powers as those Canada," and the Judges and Officers thereof respectively, and shall, as shall tricts. also the Attornies practising therein, be bound by the same Rules and Provisions of law; and in all suits and actions, to be brought therein, an appeal shall lie, or such suits or actions may be evoked or removed to or into the Court in other Dis of Writs and process how tested. as Certain Spe to appeals Courts. of Queen's Bench hereinafter established for the said District of Gaspé, in like cases and in the same manner, and subject to the same provisions of law, in and under which appeals lie or suits and actions may be removed from the Circuit Courts in any other District in Lower Canada to the Court of Queen's Bench in and for the same, sitting in superior Term. VI. Provided always, that the Writs and process issuing out of any Circuit Court hereby established shall be tested in the name of the District Judge by whom such Court is to be ordinarily holden, except where such Judge shall be a party to the suit or action, in which case they shall be tested in the name of the other of the said District Judges; and that every suit or action brought in any such Court in which there shall be an appeal to the said Court of Queen's Bench, or which shall be evoked or removed to the said Court, shall be heard and determined (in appeal or otherwise, as the case may be,) at the sitting of the said Court of Queen's Bench held in the same County, unless by the consent of all the parties, with which consent it may be heard and determined in the other of the said Counties. VII. Provided also, and be it enacted, that the party desirous of appealing cial provisions from any Judgment of any Circuit Court established by this Act, shall have a from the said delay of thirty days after the rendering of such Judgment, to give the security in Appeal by Law required; that the Petition and notice of Appeal shall and may be served within forty days from the rendering of the Judgment appealed from; and that the said Petition shall and may be presented on any of the first ten juridical days of the sitting of the said Court of Queen's Bench hereby established, at which the Appeal can be heard, next succeeding the rendering of any such Judgment, if there shall be an interval of fifty days between the rendering of such judgment and the last of the said first ten juridical days of the said sitting, and if there shall not be such an interval, then on the first juridical day of the second sitting of the said last mentioned Court of Queen's Bench next succeeding the rendering of such judgment. Bailiffs in the VIII. Provided also, and be it enacted, that Bailiffs appointed by the said said District, Circuit Courts, or by the said Court of Queen's Bench hereby established, shall by whom ap pointed and their powers. &c. have power and authority to act as such within the limits of the said District of Gaspé, for the service and execution of all writs, orders and process issuing as well from the said last mentioned Court of Queen's Bench and the said Circuit Courts, as from all other Courts of Justice in Lower Canada; and such Bailiffs shall be removable by the said last mentioned Court of Queen's Bench, or by any of the said Circuit Courts; and all Bailiffs so appointed shall give security in the manner by Law required with regard to Bailiffs in other Districts, and under |