la term Terms. Terms to be fixed by Lieutenant Governor. Continua For cases returnable in term, the mode of proceeding therein shall be as provided by article 2395, in so far as the provisions of that article are not inconsistent with this or any other article of this section. C. S. L. C., c. 80, s. 26. 2398. There shall be two terms of the court yearly in the said Islands, one of which shall be called and known as the Spring term and the other the Autumn term. C. S. L. C., c. 80, s. 27. 2399. The day on which each term commences and ends shall be fixed by the Lieutenant-Governor, by proclamation, and may be altered in like manner. Each term may be continued by the judge until he declares tion, &c., of that there is no business before the court and closes the term. C. S. L. C., c. 80, s. 27. terms. Appeals. Proceedings in appeal. Security in appeal. Days for hearing appeals. Power of judge as to 2400. An appeal shall lie from the judgment of the said court to the Court of Queen's Bench, sitting at Quebec, in every case in which an appeal would lie to the said court if such judgment had been rendered in the Superior Court or in the Circuit Court at any other place. Whatever be the sum of money or value of the thing demanded in such case, the proceedings in appeal shall be the same as in appeals from the Circuit Court, except that the first day on which the case may be heard in the said Court of Queen's Bench, shall be the first juridical day in term next after the expiration of ninety days from the rendering of the judgment appealed from, if it be rendered in the Spring term at the Magdalen Islands, and the first juridical day in term after the first day of June next after the rendering of the judgment, if it be rendered in the Autumn term at the said Islands; but the usual security in appeal must be given as in other places. C. S. L. C., c. 77, s. 50; C. S. L. C., c. 80, s. 28: C. C. P., 27. 2401. The proceedings in appeal from a judgment by default or ex-parte in vacation recorded by the clerk shall be as provided in the preceding article, except that the first day on which the case in appeal may be heard shall be the juridical day in term next after the expiration of ninety days from the end of the delay allowed to file an opposition to such judg ment, if such delay expires on or after the first day of the Spring term and before the first day of the Autumn term, and the first juridical day in term after the first day of June next after the expiration of the said delay for filing such opposition, if such delay expires on or after the first day of the Autumn term, and before the first day of the Spring term. C. S. L. C., c. 77, s. 51; C. S. L. C., c. 80, s. 29. 2402. Any judge of the Superior Court, while sitting at the said Islands, shall have all the powers and authority with respect to the admission of bailiffs vested in the Superior admission of Court, and the clerk of the Circuit Court held at the said bailiffs. Islands shall, for such purpose, have all the powers vested in the prothonotary. C. S. L. C., c. 80, s. 30. clerk of the 2403. The clerk of the Circuit Court in these Islands shall Clerk exbe ex-officio deputy clerk of the peace, and shall within the ocio deputy limits of the said Islands have all the powers and authority of peace. the clerk of the peace for the district or county of Gaspé. C. S. L. C., c. 80, s. 31. 2404. The court house or place at which the Circuit Court Provision for shall be held shall be provided by and at the cost of the local court house. municipality of the said Islands, in like manner as elsewhere, and under the same provisions. C. S. L. C., c. 80, s. 32. 2405. The sheriff of the district or county of Gaspé shall Deputy-· appoint a deputy, who shall reside in the Magdalen Islands sheriff. and shall have charge of the court house and of the gaol and of all persons committed for custody therein. Such deputy shall have all the powers of the sheriff in civil Powers. and in criminal cases in and with respect to the said Islands, and also in the remainder of the district of Gaspé with respect to the conveyance of prisoners from the said Islands to any common gaol in the district, and other matters necessarily connected with the administration of justice. Such deputy has such further powers as the sheriff may Further see fit, within the sphere of his duties, to depute to him. powers. 2. The said sheriff, if appointed for the whole district, shall Other deputy have another deputy for all lawful purposes in that one of the for district. counties in the district in which he does not reside. C. S. L. C., c. 80, s. 34. §12.-Provisions respecting Ste. Anne des Monts and Cap Chat. 2406. The settlements of Ste. Anne des Monts and Cap Chat are in the county and district of Gaspé, for all purposes relative to the administration of justice, whether in civil or in criminal matters. C. S. L. C., c. 80, s. 35. § 13.-Provisions respecting the North Shore between Moisie and Blanc Sablon, and the Island of Anticosti. They are in Gaspé for cer tain purposes. at Percé 2407. The civil courts and the judges of such courts, Jurisdiction sitting at Percé, in the county of Gaspé, in the judicial district of civil courts of Gaspé, have concurrent civil jurisdiction with the courts extended to and judges of the district of Saguenay, to try, hear, judge and Moisie, &c. determine all civil suits and actions, within their jurisdiction, arising in that part of the North shore situated between Moisie and Blanc Sablon, inclusively, and in the Island of Anticosti, in the Gulf of St. Lawrence. Powers of officers of such courts. Establish All the officers of justice attached to the said courts of civil jurisdiction may exercise their powers in civil matters, arising in the territories above mentioned. 46 V., c. 14, s. 1. SECTION V. COMMISSIONERS' COURTS. § 1. Constitution of the Court-Appointment of Commissioners. 2408. Upon a petition of at least one hundred proprietors ment of com- of lands or tenements in any town, parish, township or extra missioners' courts. Certain persons not to be commissioners. Petitioners must form of the electors of the parish, &c. parochial place in the Province, forming the majority of the municipal electors therein, praying for the establishment therein of a Commissioners' Court, the Lieutenant-Governor may establish such court and appoint one or more persons resident there, to be commissioner or commissioners, and to hold the court therein. C. S. L. C., c. 94, s. 1 § 1; 47 V., c. 10, s. 1. 2409. No bailiff, constable, tavern-keeper, hotel-keeper or person keeping a house of public entertainment, shall be appointed or shall act as a commissioner. C. S. L. C., c. 94, s. 1 § 3. 2410. No appointment of a commissioner shall be made, the majority unless it be certified upon the petition to the Lieutenant-Governor by three justices of the peace of the locality, that the persons whose names are thereunto subscribed are really inhabitants of such place, and proprietors of lands and tenements therein, and do really form the majority of the municipal electors thereof. C. S. L. C., c. 94, s. 1 § 2. Application to the Mag 2411. In the Magdalen Islands, and localities situated on dalen Islands the River Saguenay and on the Rivers Madawaska and St. Jean, and certain the signature of one hundred inhabitant householders, tenant other places. feu et lieu therein, to the petition mentioned in article 2408, is sufficient to obtain the erection of a Commissioners' Court, and the appointment of one or more commissioners. C. S. L. C., c. 94, s. 2. Application of article 2408. No commissioners' court 2412. The petition shall, however, be certified as by the said article 2408 it is provided; all other requirements of the said article and of this section, with respect to the appointment of a commissioner or commissioners shall be observed, in so far as they are applicable to such places and are practicable. C. S. L. C., c. 94, s. 2. 2413. No Commissioners' Court shall be held in the cities to be held in of Quebec and Montreal, or in the city and parish of Three Rivers. C. S. L. C. c. 94, s. 3. certain places. Only one court to be held in any parish, &c. 2414. No more than one court shall be held in any town, parish, township or extra-parochial place, although several commissioners have been appointed for the same. c. 94, s. 4; 47 V., c. 10, s. 1. C. S. L. C.. §2.-Discontinuance and re-establishment of Commissioners' Courts. court. 2415. The Lieutenant-Governor in Council may suspend or Discontinudiscontinue the Commissioners' Court in any town, parish, town- ance of the ship or extra-parochial place, when the majority of the inhabitants, who are entitled to vote at municipal elections, sign and present to him a petition therefor, with annexed to it a certificate of at least three resident justices of the peace certifying that the persons signing the petition do really form an absolute majority of the municipal electors residing therein. 2. No court so suspended or discontinued shall be re-estab- In what cases lished, unless on a petition signed and certified as required by only such article 2408. C. S. L. C., c. 94, s. 48; 47 V., c. 10, s. 1. court may be re-estab lished. be established on oath. 2416. None of the three justices of the peace mentioned in Signatures of the preceding article shall certify that the petition for the dis- petitioners to continuance or re-establishment of a Commissioners' Court in any town, parish, township or extra-parochial place is signed by an absolute majority of the municipal electors residing in such town, parish, township, or extra-parochial place, before each signature is attested on oath, before some justice of the peace residing in the county in which such town, parish, township or extra-parochial place lies, by some municipal elector of such place known to such justice of the peace, in the following form or words to the like effect: "I, M. N., swear that A. B., C. D. and E. F. (inserting the Form of oath. name of the person or persons whose signature or signatures are to be attested) signed the above written petition in my presence; that I am personally acquainted with him (or "them) and know that he is (or each of them is) a municipal "elector of the town, (parish, township or extra-parochial place) "of (if any of the signers make their marks instead of signing their names, add), and that the said petition was "read over distinctly and explained to those of the said signers who have made their marks thereto instead of signing their names." 66 "Sworn before me, one of Her Majesty's justices of the peace for the county of by M. N., (trade, profession or quality) who is personally known to me as a municipal "elector of the town, (parish, township or extra-parochial and as a person worthy of credit, at day of one thousand 66 place) of "this C. S. L. C., c. 94, s. 49; 47 V., c. 10, s. 1. O. K.. J. P. abolished 2417. Immediately after the abolition of a Commissioners' Duties of Court, the clerk shall forthwith deposit the archives and clerk of records of the said court in the Commissioners' Court in exist- court to ence nearest to the place where such court ceased to exist, or transfer if there be no such Commissioners' Court, then in the Circuit archives. Court for the same district. C. S. L. C., c. 94, s. 50. the courts which have ceased to exist. Execution of 2418. The judgments rendered by the abolished Commisjudgments of sioners' Court shall be executed by the court to which they have been transmitted, and the clerk of the said court shall accordingly issue warrants or writs of execution by virtue of the said judgments, and ulterior proceedings shall be had upon the said judgments, as if the execution had issued upon a judgment rendered by the court issuing it. C. S. L. C.. c. 94, s. 50. Jurisdiction a village mu erected. 2419. Notwithstanding that incorporated villages be formof the court, if ed out of a portion of any parish or township in which a nicipality be Commissioners' Court has been established, such court continues to be the Commissioners' Court of such parish or township and to have jurisdiction over the whole extent of the territory comprised within the limits of such parish or township at the time of the establishment of such court. 41 V., c. 17, s. 1. Lieutenant- may establish lage. 2420. The Lieutenant-Governor in Council may, however, at any time, upon petition to that effect, signed and presented court in vil- under the conditions and with the formalities required by article 2408, for the original erection of a Commissioners' Court in a town, parish, township or extra-parochial place, establish a ComJurisdiction, missioners' Court in and for any such village; in which case the court for the court of such parish or township shall continue to have jurisdiction over the remainder of the territory only, and may continue to hold its sittings within the limits of such village. 41 V., c. 17, s. 1. if there be a village. Jurisdiction, if parish or township be divided. Oath to be missioners. 2421. Whenever any parish or township, in which there is a Commissioners' Court, is divided into two or more parishes or townships, or whenever any portion of the territory of such parish or township is detached therefrom, the LieutenantGovernor in Council may, upon petition to that effect, determine the jurisdiction thereafter to be given to such court, and the name by which it shall thereafter be known. 41 V., c. 17, s. 1. §3.-Duties of Commissioners before entering on their functions. 2422. Every commissioner, before proceeding to exercise taken by com- his functions as such, shall take and subscribe an oath before some justice of the peace, well and duly, to the best of his judgment and capacity, to perform the duties of his office. Duties of jus- The justice of the peace who receives such oath shall give a tice receiving certified copy thereof to the commissioner, who shall cause the same to be annexed to the register of the court in which he sits. C. S. L. C., c 94, s. 5. oath. Appointment of clerk. By whom appointed. § 4. Clerk of the Court and his Deputy and their Duties. 2423. Each Commissioners' Court appoints its clerk. The appointment shall be vested in the commissioner, if there be only one, or in the majority of the commissioners |