Interpretation of this Act. INTERPRETATION. 30. In this Act the sections referred to are those of the Lower Canada Consolidated Municipal Act,-the paragraphs referred to are the paragraphs or sub-sections of the said Act,and the lines are those in the first official edition of the ConCitation of the solidated Statutes for Lower Canada; and this Act shall be Act amended, construed as one Act with the Lower Canada Consolidated Municipal Act, and any citation of or reference to the "Lower Canada Consolidated Municipal Act," hereafter made, shall mean the said Act as amended by this Act. to include this Act, Preamble. Appeal to Circuit Court. How brought. Security by appellant. W CAP. XXX. An Act to amend the Agricultural Act. [Assented to 18th May, 1861.] HEREAS it is expedient to continue the right of Appeal from Judgments rendered in virtue of the Agricultural Act, chapter twenty-six of the Consolidated Statutes for Lower Canada, and to amend the said Act in the manner hereinafter provided: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: APPEAL TO THE CIRCUIT COURT. 1. An Appeal from any Judgment rendered in virtue of the Agricultural Act, or of this Act, may be brought in the Circuit Court, either of the District or County in which the Judgment was rendered, or in any of the Counties adjacent to such County or District. 2. The Appeal shall be brought in the manner following: No such Judgment shall be executory until the expiration of fifteen days after the date thereof, and in the course of the said fifteen days the party intending to appeal shall give a simple notice of his intention to the Justice, or one of the Justices of the Peace, or to the Clerk of the said Justices of the Peace, or of the Court by which such Judgment was rendered. 3. Within fifteen juridical days next after the rendering of the Judgment, the appellant shall give security before the Clerk of the Court to which he intends appealing, (by a surety who shall justify his sufficiency to the amount of at least one hundred dollars,) that the appellant will effectively prosecute the said appeal, and will satisfy the Judgment and pay the damages and costs in case the appeal is not prosecuted, or the judgment appealed from is confirmed. 4. The surety shall justify his sufficiency upon oath before Sureties to the said Clerk, who may make any examination or put any justify. question necessary for that purpose. 5. The security bond may be in the form number one, Bond. annexed to this Act, or in any analogous form. 6. The Clerk shall deliver a copy of the security bond to Copies thereof. any one requiring the same, and any copy certified by him as a true copy, shall be authentic. 7. Within the said fifteen days the Appellant, after having writ of appeal given the security above prescribed, may obtain from the its tenor. Clerk of the Circuit Court in which the Appeal is brought, a Writ of Appeal in the English or French language, under the seal of the said Court, (but the absence of such seal shall not invalidate the writ), signed by the said Clerk and setting forth that the Appellant deems himself aggrieved by the Judgment appealed from, and ordering the Justice or Justices of the Peace or the Court, to transmit all the documents, proceedings, and papers forming the record, or contained in any register and relating to the cause. 8. The said Writ shall be returnable, in term or in vacation, Procedure on within fifteen days from its date, and a duplicate thereof shall the return of be served five days at least before the return day, upon the writ. Respondent or his Attorney, and also upon the Clerk of the Justice or Justices of the Peace, or of the Court, by whom the Judgment appealed from shall have been rendered; and thereupon it shall be the duty of the said Justices and of the said Clerk to transmit the said record forthwith and not later than the day fixed for the return of the said Writ, to the Clerk of the Circuit Court in which the Appeal shall have been brought, with a certificate signed and sealed by one Justice at least, or by the Clerk, certifying that the documents transmitted are all the documents relating to the cause. 9. The Writ may be in the form number two, annexed to Form of writ this Act, or in any form to the like effect. Appearance. 10. On the return day of the Writ of Appeal, or on the following day, each party or his Attorney shall file an appearance, and at any time after, on the inscription for hearing by either party, one day's notice of which in term, and three days of which in vacation, shall have been given to the opposite party, the Appeal shall be heard for all purposes Hearing. whatsoever and decided summarily; And no new evidence shall be adduced. No new evidence. 11. The Circuit Court shall adjudge the costs on such Costs on apAppeal; and if the Judgment appealed from be fully confirmed, peal, if judg it shall order that the record be remitted to the Justice or 6 Justices ment be confirmed. In case the reversed or Justices or Court who shall have pronounced the Judgment or conviction, and such remission shall be effected by the Clerk of the Circuit Court, who shall annex to the record a copy of the Judgment of the said Court and a certificate of the costs allowed on the said Appeal, and the said costs shall be levied by the same means, and in the same manner in which the judgment of the Justice or Justices, or of the Court below, is carried into effect according to law. 12. But if, on the other hand, the said Judgment be judgment be modified or set aside, in whole or in part, the record and proceedings on the judgment appealed from, and any proceedings upon the Appeal, shall remain to form part of the records of the Circuit Court, by which and under the authority of which, whatever shall have been adjudged, ordered, confirmed, modified or amended by the judgment of the said Court shall be carried into effect, and that by the same means and in the same manner as the judgment appealed from might itself have been carried into effect. peal. Appellant ne- 13. Any Appellant who shall have neglected to cause the glecting cerWrit of Appeal above mentioned to be served as aforesaid, or tain proceedings to be held who, having caused it to be served, shall fail effectually to to have aban- prosecute the said Appeal, shall be deemed to have abandoned doned the ap- the said Appeal, and upon application of the Respondent, the Circuit Court shall declare forfeited all the rights and claims founded on the said Appeal, and shall allow costs to the Respondent, and shall order that the record, (if it has been transmitted,) be sent back to the Court or Judge below; and if the record has not been transmitted, then, upon production of the notice of appeal or writ of appeal, the said Respondent shall obtain such costs as the Court may adjudge; Recourse ties. 14. The execution of the Judgment against the party conagainst sure- demned shall not deprive the party who shall have succeeded, of his recourse against the sureties for the whole or any part of the costs of the Appeal remaining unpaid, to the payment of which every surety shall be bound, under the penalty of seizure and execution, in the same manner and to the same degree as the principal parties. Certiorari not allowed. Doubts re moved as to this Act. 15. No judgment rendered in virtue of the said Act or of this Act shall be contested or set aside by writ of certiorari. 16. To remove all doubts it is declared that any appeal instituted before this Act goes into force from any judgment appeals before rendered in virtue of the Agricultural Act, shall be proceeded with, decided and carried into execution in the same manner and shall be deemed as valid to all intents and purposes what soever, as though the twentieth section of the Act twenty-second Victoria, chapter one hundred and one, had never been repealed and had always remained in force, but only as regards those those cases, the said twentieth section being hereby repealed as regards any appeal to be instituted after this Act goes into force. WATER COURSES. 17. The first paragraph of the twenty-third section of the Interpretation Agricultural Act is not to be interpreted as compelling In- of section 23 spectors to make the apportionment of the work required for the opening or keeping in repair of a water course, at the same. time as the procès-verbal ordering such work; but the apportionment shall be made in accordance with the twenty-ninth section of the said Act. COMPLAINTS. 18. After the word "townships," at the end of the fifth Section 37 paragraph of section thirty-seven of the said Act, the following amended. words shall be added: "or if there is not any such Inspector in one of the neighbouring parishes or townships, then from any one of the parishes or townships in the county." SUITS---PENALTIES. 19. After the second paragraph of the fortieth section of the Section 40 said Act, the following paragraph shall be added: amended. "3. Any Inspector refusing or neglecting to perform any duty Penalty on imposed on him by this Act, shall incur a penalty of not less Inspector nethan five nor more than ten dollars for each such refusal glecting his or duty. neglect." INTERPRETATION. 20. The word "land" or "property," in the second, third Words "land" and fifth sections of the said Act, shall include any beach land "property" belonging to any person or corporation. what to include. 21. Any Act or part of an Act inconsistent with this Act, Repeal of inis repealed. consistent enactments. FORM No. 1. Whereas in a cause (or matter) between A. B., plaintiff or complainant, and C. D., defendant, judgment was rendered on or about the district of day of or county of (or A. B.,) desires to appeal from the said judgment. Be it known, that on this day, the the year 6 day of , in , appeared before me C. E., Clerk of the said in the said district of Circuit Court, at H. P., (quality and residence), who, after having justified bis sufficiency on oath as required by law, became surety that the said appellant would effectively prosecute the said appeal and satisfy the judgment, and also pay the damages and costs in case the said appeal is not proceeded with, or in case the said judgment is confirmed; failing all which, the said surety binds himself towards the proper parties to pay and discharge whatever amount may be required by law. And the above having been read to him, the said surety has signed (or declared that he is unable to sign.) To (names of the Justice or Justices.) Whereas in a cause (or matter) by you decided on or about the day of in the county of Plaintiff (or Complainant,) and C. D. Defendant. The said C. D., (or A. B.,) deems himself aggrieved by the said judgment, and has provided the securities required by law-We command you, and each of you, to transmit all the documents, proceedings and papers composing the record or contained in the registers and relating to the said cause, to our Circuit Court in and for the district of (or county of day of on or before the ), at In testimony whereof, We have caused the Seal of our said Court to be affixed hereto, at the day of in the year of Our Lord, one thousand eight hundred and sixty C. E. Clerk of the said Circuit Court. |