Rules and forms of pro ceedings to be XIV. And be it enacted, That it shall be lawful for the said Commissioners from time to time to make and establish such rules and forms, with regard to any established by proceedings to be had before them, and to such notices, papers and other documents as shall be required in the conduct of such proceedings, as to them shall appear expedient for the better attainment of the purposes of justice. the Commissioners. Costs may be nesses. XV. And be it enacted, That in all cases in which any witness shall have allowed to wit- duly appeared to give evidence before the said Commissioners, or before any person appointed by them to examine or to receive the testimony or deposition of such witness, it shall be lawful for the said Commissioners to order and direct the party at whose instance such witness shall have been summoned, or his tes timony or depositions taken, to allow to such witness for his loss of time and expenses, such sum as the said Commissioners shall deem equitable, which order such party shall obey, or in default, such sum shall be recoverable from such party by action in any Court in this Province, having jurisdiction in civil cases to a like amount, due regard being had to the limits of the local jurisdiction of such Court. Recovery of such costs. Fees on pro this Act, to the Clerk of the Commission ers, XVI. And be it enacted, That the clerk of the said Commissioners shall be ceedings under entitled to demand and recover for the following services respectively, the fees hereinafter mentioned, from the persons requiring such services, that is to say: for fyling each petition, one shilling, currency; for setting down for hearing any claim, two shillings and six pence, currency; on the hearing of any claim, five shillings, currency; for making up a report on the same, ten shillings, currency ; for each certificate of the allowance of any claim, one shilling and three pence, currency; for a copy of the order respecting any claim, one shilling and three pence, currency; for each summons for the attendance of any witness or witnesses, two shillings, currency; for each commission for the examination of witnesses, ten shillings, currency; for any certified copy of any paper or document in his custody, one shilling and three pence, currency for the certificate, and at the rate of six pence, currency for each one hundred words in such copy; and such reasonable fees for any service not herein specially mentioned or included in those so mentioned, as the said Commissioners shall from time to time allow him, as a fair and just compensation for the labour by him performed, and no more; and Fees to perfor receiving any affidavit or deposition under the authority of this Act, the perto receive a son authorized to receive and receiving the same, not being one of the Commissons appointed sioners to be appointed for carrying this Act into effect, shall be entitled to demand and recover from the party requiring him to receive the same, the sum of one shilling and three pence, and no more; and all such fees as aforesaid may be required to be paid before the service for which they are granted shall be performed, or if not so required, may be recovered in the manner hereinbefore appointed with regard to the sum allowed to a witness. Unenumera ted services. davits. Recovery of such fecs. any Certified copr ceedings and orders of the ers to be re Commission ceived in evidence. In what cases only it shall be prove the certi XVII. And be it enacted, That a copy of any order, report or decision, to be made by the said Commissioners under the authority of this Act, certified by their Clerk and countersigned by one of the said Commissioners, shall be received in civil suit or action in any Court in this Province, as evidence of the making of such order, report or decision, in the manner and form and according to the tenour thereof as set forth in such copy; nor shall it be necessary in such suit or action to prove the signatures of such Clerk or Commissioner, unless, after the party intending to produce the same, shall have given due notice of such intention to any adverse party, according to the course and practice of the Court, such adverse party shall in like manner have signified his intention to dispute such signatures, or either of them, in which case it shall be requisite to prove the same, and the costs attending Costs. such proof may, in the discretion of the Court, be allowed to the party making such proof, whatever be the result of the suit or action. necessary to ficate. Clause. XVIII. And be it enacted, That the words "Governor of this Province," wherever Interpretation they occur in this Act, shall be understood to include the Lieutenant-Governor, or person administering the Government of this Province; the words " Upper Cana- Upper Canada. da," shall be understood to mean all that part of this Province which formerly constituted the Province of Upper Canada; the words "Heir, Devisee, or Assignee," Heir, Devisee, shall be understood to include the Heirs, Devisees, or Assignees of any Heir, De- Assignee. visee or Assignee, to any Degree; the word "Lands," shall be understood to mean Lands. lot or lots, piece or parcel of Lands, of what extent soever they may be, to any which any claim shall be made under this Act; and wherever the Commissioners Quorum. under this Act are empowered or directed to do or perform any Act, it shall be understood that such Act may be done or performed by any Quorum of such Commissioners; and words importing the singular number or the masculine gender only Singular numshall be understood to include several persons, matters and things, as well as one person, matter or thing, and females as well as males, unless it be otherwise specially provided, or there be something in the subject or context repugnant to or inconsistent with such construction. MONTREAL-Printed by STEWART DERBISHIre and GEORGE DESbarats, ber or masculine gender. An Act to indemnify Clergymen and others who have voted at the last General Election in ignorance of the Law. WHE [10th February, 1845.] Preamble. 7 Vict. c. 65, recited in part. HEREAS by an Act passed in the last Session of the Provincial Legisla ture, and intituled, An Act for better securing the independence of the Legislative Assembly of this Province, it is among other things in effect enacted, That all Clergymen of the Church of England or Scotland, and all Priests and Ministers either according to the rites of the Church of Rome or under any other form or profession of religious faith or worship, shall be incapable and incompetent to vote at any election of a member or members to serve in the Legislative Assembly of this Province, under a penalty of five hundred pounds, current money of this Province, to be recovered by such person as shall sue for the same, by action of debt, bill, plaint or information, in and before any Court of competent civil jurisdiction in this Province: And whereas certain other persons mentioned in the said Act are by certain other provisions thereof prohibited from also voting at such election under certair. penalties; And whereas by reason of the insufficient promulgation of the said Act before the last General Election of Members to serve in the Legislative Assembly of this Province, many such Clergymen, Priests and Ministers and other persons prohibited by the said Act voted thereat in ignorance of the provisions of the said Statute, and thereby rendered themselves liable to certain penalties, and it is right that they should be indemnified, subject to the provisions hereinafter made: 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 No suit to be after hereafter after the passing of this Act, no action of debt, bill, plaint or information shall be brought under the said Act against any such Clergyman, Priest or Minister, or any other person so prohibited as aforesaid, for having so voted at the said last General Election; and if before the passing of this Act, any such action of debt, bill, plaint or information shall have been brought against any such Clergyman, Priest or Minister, or other person so prohibited as aforesaid for having so voted, the Defendant may apply for and obtain from the Court in which the same shall be pending, an order to stay all proceedings in the case, on condition that the Defendant shall pay to the Plaintiff or his Attorney all the costs then incurred by such Plaintiff, within Sixty days after he shall have caused the same to be duly taxed; and if the Defendant shall so pay such costs, then the said order shall be absolute, and no further proceedings of any kind shall be had in the case; but if the Defendant shall fail so to pay the said costs, then further proceedings shall be had as if this Act had not beed passed. MONTREAL :-Printed by STEWart Derbishire and GEORGE Desbarats, Law Printer to the Queen's Most Excellent Majesty. |