How penalties may be levied if not paid within the time to be appointed. X. And be it enacted, That the Justices of the Peace acting for the limits within which such Special Constables shall have been called out to serve, at a Special Session to be held for that purpose, or the major part of the Justices at such Special Session, are hereby empowered to order from time to time such reasonable allowances for their trouble, loss of time and expenses (not however to exceed five shillings per diem) to be paid to such Special Constables who shall so have served or be then serving, as to such Justices or to such major part of them shall seem proper; and the Justices so ordering shall make every order for the payment of such allowances and expenses upon the Treasurer of the District or other Municipal division within which such Special Constables shall have been called out to serve, who is hereby required to pay the same out of any monies in his hands at the time; and the said Treasurer shall be allowed the same in his accounts, and the sum shall be provided for by the Council of the District or other Municipality wherein the expense shall arise. XI. And be it enacted, That the Justices of the Peace assembled at any Special Session for any of the purposes mentioned in this Act, shall have power to adjourn the same from time to time as they shall think proper; and that every Special Session which shall have been actually holden for any of the purposes mentioned in this Act, shall be deemed and taken to have been legally holden until the contrary be proved, XII. And be it enacted, That the prosecution for every offence punishable upon summary conviction by virtue of this Act, shall be commenced within two calendar months after the commission of the offence; and that every penalty or forfeiture for any offence against this Act shall be paid to the Treasurer of the District or other Municipal Division within which the offence shall have been committed; and no inhabitant of any such District or other Municipal Division shall, by reason of the payment of such forfeiture or penalty to the Treasurer of such District or other Municipal Division, be deemed an incompetent witness in proof of any offence against this Act. XIII. And be it enacted, That the Justices of the Peace by whom any person shall be summarily convicted and adjudged to pay any sum of money for any offence against this Act, may adjudge that such person shall pay the same either immediately or within such period as the said Justice shall think fit; and in case such sum of money shall not be paid at the time so appointed, the same shall be levied by distress and sale of the goods and chattels of the offender, together with the reasonable charge Imprisonment of such distress; and for want of sufficient distress such offender shall be imprisoned in the Common Gaol for any term not exceeding one calendar month when the fine to be paid shall not exceed five pounds, and for any term not exceeding two calendar months in any other case; the imprisonment to cease in every case upon payment of the sum due. in default of payment, A form of conviction ap pointed. The form. XIV. And be it enacted, That the Justices of the Peace before whom any person shall be summarily convicted of any offence against this Act, may cause the conviction to be drawn up in the following form of words or to the like effect, that is to say: Majesty's Justices of the Peace for the said District of for that he the 66 " said J. N. did (here specify the offence, and the time and place, when and where the "(or shall pay the same on or before the "of the "Given under our hands the day and year first above mentioned. ) to the Treasurer "A. B. "C. D." XV. And be it enacted, That no conviction for any offence against this Act shall be quashed for want of form, or be removed by certiorari or otherwise into any of Her Majesty's Superior Courts of Record; and that no Warrant of Commitment shall be held void by reason of any defect therein, provided it be therein alleged that is is founded on a conviction, and there be a good and valid conviction to sustain the same; and that when any distress shall be made for levying any monies by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party making the same, be deemed a trespasser on account of any defect or want of form in the summons, conviction, warrant, distress, or other proceedings relating thereto, nor shall the party distraining be deemed a trespasser ab initio on account of any irregularity afterwards committed by him; but the person aggrieved by such irregularity, may secure full satisfaction for the special damage, if any, in an action upon the case. Provisions for of persons acthe protection ting under this Act. tion. XVI. And be it enacted, for the protection of persons acting in the execution of this Act, That all actions and prosecutions to be commenced against any person for anything done in pursuance of this Act, shall be laid and tried in the District where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such cause of action shall be Notice of acgiven to the Defendant one calendar month, at least, before the commencement of the action and no Plaintiff shall recover in any such action if tender of sufficient amends Amends. shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the Defendant; and though a verdict shall be given for the Plaintiff in any such action, such Plaintiff No costs unless shall not have costs against the Defendant, unless the Judge before whom the trial is, of the Judge. shall certify his approbation of the action, and of the verdict obtained thereupon. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, on certificate ANNO DECIMO ET UNDECIMO VICTORIÆ REGINA. CAP. XIII. An Act to regulate the Summoning of Jurors in Lower Canada. W [ 28th July, 1847. ] HEREAS it is necessary to regulate with precision the mode of selecting and Preamble. summoning Jurors in that part of this Province formerly Lower Canada, in Civil as well as in criminal matters, and to provide that Jurors may, so far as may be practicable, be taken from the locality in which the cause of action arises: 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 each and every male inhabitant of Lower Canada aforesaid between twenty-one years of age and sixty years of age, who shall be qualified in the manner hereinafter mentioned, (those exempted by this Act excepted) shall have a right and shall be liable to serve as a Grand Juror and as a Petit Juror in all the Courts of Lower Canada, as well for Civil as Criminal matters. All male perqualified and between 21 be Jurors. sons being duly and 60, may Sheriffs to make lists of Grand Jurors. II. And be it enacted, That from and after the passing of this Act the Sheriffs of the several districts of Lower Canada aforesaid, shall prepare or cause to be prepared, in the manner hereinafter mentioned, two lists, the first containing the names of all persons residing within the limits of their respective Districts and qualified to serve as Grand Jurors at the terms of the Courts of Queen's Bench held for the cognizance of Criminal matters, and at Courts of Oyer and Terminer and General Gaol Delivery; and the second, the names of those qualified to serve as Grand Jurors at the Courts of General Sessions of the Peace; and shall also make lists of Petit Jurors and Jurors in civil cases And of Petit in the manner hereinafter provided. Jurors. III. And be it enacted, That the said Sheriffs respectively shall make or cause the Mode of maksaid lists of Grand Jurors to be made in the manner hereinafter prescribed for making ing lists. the lists of Jurors for Civil matters, and for Petit Jurors in Criminal matters, and shall And of depodeposit them in the same manner in the offices of the Clerks of the Courts for which they sting the sam shall have been made, and shall follow the same order of rotation in summoning the summoning Jurors. Jurors. IV. Who shall be entered on the Jurors-as proprietors or as tenants. IV. And be it enacted, That the said Sheriffs shall not insert in the lists of Grand lists of Grand Jurors for the Courts of Queen's Bench and Oyer and Terminer, the name of any person who shall not be a proprietor of real property of the yearly value of twenty-five pounds, currency, over and above all ground rents and incumbrances to which such real property may be liable, unless such person shall then occupy as tenant a house in one of the Cities of Quebec or Montreal, for which he shall bonâ fide pay a yearly rent of sixty pounds, currency, or upwards, or in the Towns of Three-Rivers or Sherbrooke at the rate of forty pounds currency or upwards, nor unless such person shall have resided in the said Cities or Towns during one year before the time at which such lists. shall be made; and that the Sheriffs shall not insert in the lists of Grand Jurors for the Courts of General Quarter Sessions of the Peace, the name of any person not being a proprietor of real property or estate to the yearly value of fifteen pounds, currency, over and above all ground rents or incumbrances payable out of or affecting the same, unless such person shall occupy as tenant a house in one of the said Cities or Towns of Quebec or Montreal for which he shall bona fide pay a yearly rent of forty pounds, currency, or upwards, or in the said Town of Three-Rivers or of Sherbrooke at the rate of twenty pounds, currency, or upwards, and shall have resided therein for the length of time hereinabove mentioned. And at the Quarter Sessions. Proviso as to what persons shall be deemed proprietors in Gaspé. Proviso: this Act not to give a title to any land in Gaspé. Who shall be lists of Petit V. Provided always and be it enacted, That in the District of Gaspé every inhabitant Who shall bona fide have been in public and peaceable possession as proprietor, by himself or by the persons from or through whom he derives his title, during the period of five years consecutively, of any immoveable property or hereditaments, the yearly value of which would qualify him to serve as a Grand Juror, (or a Petit Juror under the provisions hereinafter contained,) shall be considered in all respects to be a proprietor for the purposes of this Act: Provided nevertheless, that this Act shall not extend or be construed to extend to give to any such inhabitant a stronger title to such property than he would otherwise have had, nor to affect the rights of Her Majesty, nor those of any other person, body politic or corporate whatever. VI. And whereas by reason of the great extent of several Districts of Lower Canada, the unequal distribution of the population therein, and the difficulties of communication in many places, and other obstacles of the same nature, the summoning of Petit Jurors in criminal matters, and of Jurors for the trial of Civil causes, from all parts of the said as proprietors. Districts respectively, would be accompanied by difficulties which are for the present Jurors in Civil or in Criminal cases insurmountable: Be it therefore enacted, That in the lists of Petit Jurors in Criminal matters, and of Jurors to attend the Superior Terms of the Courts of Queen's Bench, the Sheriffs of the several Districts in Lower Canada shall include such persons only residing within ten leagues around the place of holding the Courts in the several Districts of Lower Canada respectively, in every Municipality or place, who are proprietors of any real property the annual value of which shall be equal to ten pounds, currency, over and above any ground rent (rente foncière) or incumbrance to which such property shall be subject, and after the surname of every Juror shall add his Christian name, his profession and his residence; shall also indicate every Juror who is proprietor of real and £25 to be property or hereditaments of the annual value of not less than fifteen pounds nor distinguished. exceeding twenty-five pounds, currency, the whole over and above any ground rent or incumbrance with which such real property or hereditaments may be charged. Proprietors between £15 |