Number of years of contribution required. Payment of pensions. Payment to in case of § 3. Payment of Pensions. 684. No public officer or employee is entitled to the full amount of his pension, unless he has for fifteen years been subject to the deduction; and if the pension becomes payable before the expiration of such period, a sum equal to the deduction which would have been made from the salary of the public officer or employee, if he had remained in the service, is retained each month from the amount of his pension until such fifteen years of deduction have elapsed. 40 V., c. 10, s. 9. 685. The pension of every superannuated public officer or employee is paid him during his life by the Provincial Treasurer by monthly payments, but not in advance. In the event of the death of such public officer or employee, widows, &c., his pension runs to the first day of the month following, and his widow, or in her default, his heirs, have a right to receive certain cases. the monthly payment then due. 40 V., c. 10, s. 8. death in Residence of pensioners. 686. No pension or half pension is paid to persons residing beyond the limits of the Province, unless, for special reasons, the Lieutenant-Governor in Council otherwise determines. 40 V., c. 10, s. 15. § 4.-Miscellaneous. Funds out of 687. Pensions and reimbursements are paid out of the consolidated revenue fund. 44-45 V., c. 14, s. 7. which pen sions are paid. Return of in certain 688. If any public officer or employee retires voluntarily contributions from the service or his office be abolished, the sums which have been deducted from his salary and paid into the consolidated revenue fund are forthwith returned to him, without interest. cases. Proviso as to officers dismissed. Superannua If any public officer or employee is compelled through physical or mental infirmity to leave the civil service before the time when a pension could be granted to him, the sums which have been retained from his salary are forthwith returned to 'im, or if he dies before such time, the sums so retained a returned to his widow, or, if he leaves no widow, to his child .n. No reimbursement whatever is made to any public officer or employee who has been dismissed. 40 V., c. 10, s. 13; 44-45 V., c. 14, s. 6. 689. Superannuation is compulsory for every public officer tion compul- or employee to whom a pension is offered; and such offer can in no manner be considered as a censure. sory. Pensions not transferable or seizable. 40 V., c. 10, s. 12. 690. The pension or half pension is neither transferable nor subject to seizure. 40 V., c. 10, s. 14. 691. Any public officer or employee aged less than sixty Offer of emyears, superannuated for any physical or mental infirmity, ployment to pensioners. who becomes able to render services, may be called upon to fill any public office, of which his previous services have rendered him capable of discharging the duties, and which is not inferior in rank and emoluments to that which he had left; provided always that the discharge of the duties of such office Proviso. permit of his residing either at the seat of government or in the district in which he last resided. During the time he so occupies such office the payment of Suspension of his pension is suspended. pension when employed. to Effect of officer to If such public officer or employee refuses or neglects discharge the duties of the office so offered, he, ipso facto, as refusal of well as his widow and children, lose all further right to pension or half pension 40 V., c. 10, s. 17. SECTION III. a accept employment. LIABILITY TO SEIZURE OF THE SALARIES OF PUBLIC OFFICERS 692. The salary, due and to become due, of any public Salaries liable officer or employee, is liable to seizure in the following propor- to seizure. tions, that is to say: 1. One-fifth of a monthly payment of a salary not exceed- Proportions. ing one thousand dollars per annum. 2. One-fourth of a monthly payment of a salary exceeding one thousand dollars, but not exceeding two thousand dollars per annum. 3. One-third of a monthly payment of a salary exceeding two thousand dollars per annum. 38 V., c. 12, ss. 1 and 2. effected and 693. The seizure of such part of a salary is made and Seizure how adjudicated upon in the same manner as attachments by gar- adjudicated nishment after judgment before any competent court. 38 V., c. upon. 12, s. 3. writ. 694. A copy of the writ of attachment is served and left Service of with the head or deputy-head of the department or office in which the public officer or employee is employed and paid. The bailiff must endorse upon such copy a declaration of Endorsement the day of service and affix his signature thereto. 38 V., c. bailiff. to be made by 12, s. 4. or 695. The head or deputy-head of the department or office Report by in which the salary so seized is paid, in lieu of making a de-s-head i puty-head in claration under oath, reports to the court, under his signature, lieu of stating the amount of the salary due at the time of the service of the writ of attachment and the amount of the salary to declaration. Sworn state ment may be produced by creditor. If officer authorize, certain sum may become due every month, if such public officer or employee continues his services under the same conditions. 38 V., c. 12, s. 5. 696. It is however lawful for any creditor of a public officer or employee, before taking a suit or causing a writ of attachment to issue, to produce a sworn statement of his claim or a copy of judgment at the department or office in which such public officer or employee receives his salary If the public officer or employee acknowleges himself to be indebted in the sum demanded, and, in writing, authorizes the be deducted payment thereof out of the portion of his salary liable to from salary to seizure, the head or deputy-head of such department or office pays the creditor, according to the authorization, at each period of payment of salaries. pay claims. Creditors to be paid concurrently. Proviso as to seizures. If several creditors present themselves at the same time, they are paid concurrently in proportion to their respective claims. 38 V., c. 12, s. 6. 697. Nothing in the preceding article can have the effect of preventing the seizure of the part of the salary liable to seizure under article 692; and, in the event of such seizure, the authorization given under the preceding article becomes null and of no effect. 38 V., c. 12, s. 7. TITLE IV. PUBLIC DEPARTMENTS. CHAPTER FIRST. GENERAL PROVISIONS. 698. For the administration of the public affairs of the Constitution Province, the departments hereinafter mentioned are consti- of depart tuted: ments. 1. The Department of the Executive Council, presided over Executive by the President of the Executive Council; Council. 2. The Department of the Attorney-General, presided over Attorney by him; General. 3. The Department of the Provincial Secretary, presided over Secretariat. by him; 4. The Treasury Department, presided over by the Provin- Treasury. cial Treasurer; 5. The Department of Crown Lands, presided over by the Crown Lands, Commissioner of Crown Lands; 6. The Department of Agriculture and Colonization, pre- Agriculture sided over by the Commissioner of Agriculture and Coloniza- and Colonization; tion. 7. The Department of Public Works, presided over by the Public Works. Commissioner of Public Works; 8. The Department of Public Instruction, which is under the Public InProvincial Secretary, but of which the administrative direc- struction. tion is confided to the Superintendent of Public Instruction. 31 V., c. 8, s. 2; 32 V., c. 11, s. 1; 32 V., c. 15, ss. 1 and 2; 39 V., c. 15, s. 1; 48 V., c. 6, s. 3; 49-50 V., c. 4; 50 V., c. 7, s. 2; 51-52 V., c. 8, s. 3. CHAPTER SECOND. DEPARTMENT OF THE EXECUTIVE COUNCIL. 699. The Department of the Executive Council is presided Executive over by the President of the Executive Council. The officers of this department are a clerk, and as many officers as may be necessary for the proper working of the department. 31 V., c. 8; 40 V., c. 9; 50 V., c. 7, s. 2; 51-52 V., c. 8, s. 1. Council and officers. Attorney His legal functions. Duties. Functions and powers. CHAPTER THIRD. DEPARTMENT OF THE ATTORNEY-GENERAL. SECTION I. ATTORNEY-GENERAL. 700. The law officer of the Crown is the Attorney-General. 48 V., c. 6, s. 1; 49-50 V., c. 99, s. 1; 50 V., c. 7, ss. 4 and 6. 701. The Attorney-General is the official legal adviser of the Lieutenant-Governor, and the legal member of the Executive Council of the Province of Quebec. B. N. A. Act, 1867, s. 63; 45 V., c. 2, s. 2; 48 V., c. 6, s. 2; 49-50 V., c. 99, s. 2; 50 V., c. 7, s. 6. 702. The duties of the Attorney-General are the following: 1. He sees that the administration of public affairs is in accordance with the law. 2. He has the general superintendence of all matters connected with the administration of justice in the Province. 48 V., c. 6, s. 8; 49-50 V., c. 99, s. 3; 50 V., c. 7, s. 6. 703. The functions and powers of the Attorney-General are the following: 1. He has the functions and powers which belong to the office of Attorney-General and Solicitor-General of England, respectively, by law or usage, in so far as the same are applicable to this Province, and also the functions and powers which, up to the Union, belonged to these offices in the late Province Canada, and which, under the provisions of the British North America Act, 1867, are within the scope of the powers of the Government of this Province; 2. He advises the heads of the several departments of the Government of the Province upon all matters of law concerning such departments, or arising in the administration thereof; 3. He is charged with the settlement and approval of all instruments issued under the Great Seal of the Province; 4. He has the regulation and conduct of all litigation for or against the Crown or any public department, in respect of any subject within the authority or jurisdiction of the Government of the Province; 5. He has the control and management of the judicial organization and that of registry offices, as well as the control and direction of the inspection of the offices of the courts and of registry offices; 6. He also has the superintendence over judicial officers and registrars, who are all under this department. 48 V., c. 6, ss. 6 and 8; 49-50 V., c. 99, s. 4; 50 V., c. 7, ss. 4 and 6. |