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liffs for Old

the said Act

20 V. c. 44

came into

matters.

Declaratory 72. And for the removal of doubts,--It is hereby declared provision con- and enacted, that,---Every Bailiff of the Superior Court duly cerning Baiappointed for any Old District before the said Lower Canada Districts when Judicature Act of 1857 was brought fully into effect for all purposes of the administration of Justice in civil matters, and resident when the said Act was brought fully into effect for force in civil the said purposes in any New District of which any part was theretofore included in such Old District, did thereupon by virtue thereof and without any new appointment or order, become a Bailiff of the said Court for such New District, although some part thereof was not included in such Old District, but ceased to be a Bailiff of the said Court for all places formerly in such Old District but not included in such new one,---And every Bailiff of the said Court for such Old District resident therein according to its new boundaries, remained a Bailiff of the said Court for all places which continued to be included in such Old District, but ceased to be such Bailiff for all places which became parts of any New District;

Bailiffs in
Chicoutimi.

Continuance

in office as Bailiff.

Bonds of Bai

valid.

And every Bailiff for the present District of Saguenay, resident in the New District of Chicoutimi hereinafter mentioned, at the time when the said New District shall be established for all purposes of the administration of justice in civil matters, shall thereupon become a Bailiff of the said Court for the said New District of Chicoutimi, and shall cease to be such Bailiff for the District of Saguenay as it will then be constituted.

Every such Bailiff has remained and shall remain a Bailiff of the said Court for the District for which he is above declared to have become or to have remained a Bailiff, until he is removed from office or ceases to reside in such District.

And every bond or security which any such Bailiff gave liff to remain for the due performance of the duties of his Office in such Old District, has remained and shall remain in full force notwithstanding such alteration in the local limits within which such duties are to be performed, and shall be held to be conditioned for the due performance of such duties within the locality for which he is hereby declared a Bailiff, after such alteration, as well as for the due performance of such duties in the Old District before such alteration.

Sect. 46 of 20 V. c. 44, amended.

The said sec

ed.

73. The forty-sixth section of the Lower Canada Judicature Act of 1857, shall be amended so as to read as follows, and shall be interpreted and have effect accordingly :

"The Governor may by the same Proclamation or by several tion as amend-"Proclamations, direct the Circuit Court to be held at more than "one place in and for any of the Counties of Richmond, Stanstead, Wolfe, Missisquoi, Rimouski, Ottawa, Pontiac, Gaspé, Bonaventure,

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"Bonaventure, Beauce, Chicoutimi, Saguenay or Charlevoix, "on being satisfied that proper accommodation has been pro"vided for the Court and its officers at each of such places, "and permanent provision made for their maintenance: Pro"vided that in any of the said Counties in which the Chef-lieu "of the district is situate, the place or places at which the "Circuit Court shall be held for the County under any such "Proclamation or Proclamations, shall be in addition to "such Chef-lieu, at which the Circuit Court shall always be "held for the District."

And so much of the forty-fifth and forty-eighth sections of the Part of ss. 45 said Act as may be inconsistent with this section, is hereby re& 48, repealed. pealed.

itself.

74. The County of Chicoutimi shall be and is hereby County of Chiconstituted a District by itself, by the name of the District of coutimi to be Chicoutimi, as if it had been named as such in the Schedule a District by A to the Lower Canada Judicature Act of 1857, and the Cheflieu of the said District shall be at Chicoutimi, in the County of Chicoutimi; and the Counties of Charlevoix and Saguenay shall form the District of Saguenay, the Chef-lieu whereof shall Chef-lieu. remain as now at the Parish of St. Etienne de la Malbaie, or Murray Bay and to the said District of Chicoutimi, the Provisions of enactments of the said Act respecting the construction of Gaols 20 V. c. 44 to apply. and Court Houses and the keeping them in repair, and all other enactments now in force or to come into force of the said Act and the enactments of this Act, shall apply as to other New Districts, subject to the following provisions:

shall take

1. The immediate establishment of the said District of Chicou- When the timi, in order that proper buildings may be constructed and other next foregoing provision made for carrying the said Act and this Act fully into enactment effect therein, shall operate no change in the local jurisdiction of effect. the Superior Court or Circuit Court in the present District of Saguenay, or in the now existing Chicoutimi Circuit, until the day which shall be named as that on which the said Act and this Act shall take full effect in civil matters in and with respect to the said District of Chicoutimi, in the first Proclamations to be issued under the said Act and this Act, appointing the times at which Terms of the Superior Court and of the Circuit Court at the Chef-lieu are to be held in and for the said New District of Chicoutimi, and by which Proclamations the Proclamations! Governor shall declare the said New District to be established for all purposes of the administration of Justice in civil matters;

2. The number of Terms of the Superior Court and of the Cir- Number of cuit Court at the Chef-lieu and of the Circuit Court when held Terms of Superior Court in and for the said County of Chicoutimi at any other place or and Circuit places than the Chef-lieu respectively, to be held in the said New Court in ChiDistrict of Chicoutimi in each year, shall not be less than three in each year for each Court; and any such Term of either Court

coutimi.

may

One Judge for
Saguenay and
Chicoutimi.

Funds for

House and

may be appointed to be held between the ninth day of July and the first day of September, as in the Districts of Gaspé and Saguenay; and the tenth section of the Act to amend the Act to amend the Laws relative to the Courts of original Civil Jurisdiction in Lower Canada, passed in the sixteenth year of Her Majesty's Reign, and the fifty-ninth section of this Act, shall not apply to the said District of Chicoutimi;

3. The said New District of Chicoutimi shall be assigned by the Governor to the same Judge as the then District of Saguenay, and such Judge may from time to time be directed by the Governor to reside in either of the said Districts, at such place as the Governor shall appoint; but the salary of such Judge, if directed to reside in the said New District of Chicoutimi, shall be the same as if he were directed to reside in the District of Saguenay;

4. All moneys already appropriated for the building of a building Court Court House and Gaol at Chicoutimi, shall be available for building a Court House and Gaol at the Chef-lieu of the said New District of Chicoutimi;

Gaol.

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The said Act 20 V. c. 44, may be

brought fully

into effect in criminal matters in

one or more districts, if

5. All suits and proceedings pending on the day on which the said New District of Chicoutimi shall be established for all purposes of the administration of Justice in Civil matters, shall be continued to judgment and execution, and as to all proceedings after execution, as if the said District had not been so established;

6. As regards the administration of Justice in Criminal matters, all the provisions of the Lower Canada Judicature Act of 1857, of the Acts of the same year (twentieth Victoria,) chapters twenty-seven and twenty-nine, and of this Act, shall apply to the said New District of Chicoutimi, in like manner as to other New Districts.

75. Notwithstanding any thing to the contrary in the fourth or in the one hundred and fifty-second section of the Lower Canada Judicature Act of 1857, whenever the Governor shall be satisfied that there is at the Chef-lieu in any one or in any number of the New Districts constituted by the said Act, and this Act, a proper Court House and Gaol for all the purposes of the administration of Justice, he may issue a certain reProclamation appointing a day on which the remaining quirements are complied sections of the said Act not then in force in such New Diswith and the trict or Districts shall come into force therein, and also a ProGovernor sees clamation naming the day on which the said Act shall take waiting till it full effect in Criminal matters in such New District or Districts, and appointing the times at which the Terms of the Court of Queen's Bench are to be held in such New District or Districts respectively, and declaring the said New District or Districts to be established for all purposes of the administration of Justice

fit, without

can be so brought into force in all

the districts.

in Criminal matters; and any such Proclamation shall have the same effect, as regards the District or Districts mentioned therein, as a Proclamation to the like effect issued under the fourth section of the said Act with regard to all the New Districts would have had with regard to them under the said section, although there may be still some New District or Districts in which certain sections of the said Act are not then in force; And in case any Proclamation or Proclamations is or are issued under this section, and the said Act as amended by this Act, the remaining New Districts not included in any such Proclamation, shall continue, for all purposes of the administration of Justice in Criminal matters, to form part respectively of the Old Districts of which they now form part for such purposes, until they are themselves established for such purposes by Proclamations issued under this section and the said Act: But nothing in this section shall make it necessary that any Proviso. such Proclamation should issue at any time with respect to any New District or Districts, if the Governor should deem it advisable to delay the issue thereof in any case, either to a later day, or until the said Act can be brought fully into force in Criminal matters in all the New Districts constituted by the said Act and by this Act.

seve- Act to be con-
shall strued as one

Act with 20
V. c. 44: and

76. The provisions of this Act and those of the ral Acts herein referred to upon similar subjects, be construed with reference to each other and as parts of the same law; and the one hundred and thirteenth section certain rules of the said Lower Canada Judicature Act of 1849, (chapter of interpreta tion to apply thirty-eight, and all other provisions for the interpretation of that to it. Act, and of the said Lower Canada Judicature Act of 1857, shall extend to the interpretation of this Act;---The express repeal of particular provisions of former Acts shall not be construed as continuing in force any other provision of the same or of any other Act inconsistent with this Act, but any such inconsistent provisions shall be held to be repealed: The expression "The Lower Canada Judicature Act of 1857," when used in this Act, shall mean the Act of the Parliament of Canada passed in the twentieth year Short Title of of Her Majesty's Reign, and intituled, An Act to amend the Act 20 V. c. Judicature Acts of Lower Canada.

44.

SCHEDULE A.

Affidavit of the plaintiff (or one of the plaintiffs) under section eleven of this Act.

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this cause, being duly sworn doth depose and say, that the sum

of

of

being the amount demanded of the defendant in this cause, is justly due by him to the plaintiff (or plaintiffs) therein for the causes in his (or their) demande mentioned: and the said deponent hath signed, (or hath declared himself unable to sign, being thereunto duly required).

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Signature of the Judge, Prothonotary, Clerk or Commissioner.

SCHEDULE B.

Affidavit of a person other than a plaintiff under section eleven of this Act.

Lower Canada,

District (or Circuit) of

}

In the Superior (or Circuit) Court.

A. B., Plaintiff, vs C. D., Defendant.

being

E. F., of being duly sworn, doth depose and say, that to his personal knowlege, the sum of the whole (or part, as the case may be) of the amount demanded of the defendant in this cause, is justly due by him to the plaintiff (or plaintiffs) for the causes in his (or their) demande mentioned and the said deponent hath signed, (or hath declared himself unable to sign, being thereunto duly required).

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Signature of the Judge, Prothonotary, Clerk or Commissioner.

SCHEDULE C.

Affidavit of an Opposant or of some other person under Section fourteen of this Act.

Lower Canada,

District (or Circuit) of

In the Superior (or Circuit) Court.

A. B., of

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the opposant, (or one of the opposants in this

cause, or other person, as the case may be) being duly sworn doth

depose

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