Proviso: Registration to be valid as to lands, although it be null as to lands without, &c., within limits, Districts or Registration Divisions: Provided always, that in this latter case the registration of any such donation or deed of gift, inter vivos, in the Registry Office or Registry Offices in, of, and for any one or more of such Districts or Counties, or Registration Districts or Registration Divisions, shall be held and deemed to be and to have been good and valid, and effectual so far as respects any lands and tenements, real and immoveable estates thereby given or affected, which may have been or may be situate in such District or County, or Registration District or Registration Division, although the same may be null and void for want of registration as to lands and tenements, real and immoveable estates situate in another District or County, or Registration District or Registration Division, or in other Districts or Counties, or Registration Districts or Registration Divisions, as the case may be; but no such donation or deed of gift inter vivos, so heretofore or hereafter registered as aforesaid, shall be held or deemed to be null and void for want of having been also registered at the place or places, and in the manner required by the laws in force in Lower Canada at the time. of the passing of the said Ordinance; any law, usage or custom to the contrary notwithstanding: Provided always, that nothing in this Act contained shall operate to the Proviso as to certain prejudice of rights acquired by these parties by the laws in force at the time of the vested rights. passing of this Act, in respect of lands and tenements, or real estate given by each and every donation or deed of gift inter vivos, as above mentioned. V. Provided always, and be it enacted, That the provisions of this Act shall not This act how to ap apply to the Registrar of the County of Megantic, Division No. 2. CAP. XCIV. An Act to amend the Law respecting the Protesting of Bills of Exchange and WHE [ 30th August, 1851. ] ply. HEREAS it has been and is the custom of Merchants in Upper Canada, to Preamble. cause Bills of Exchange and Promissory Notes to be protested upon the same day on which such Bills or Notes may have been dishonoured; and whereas it is expedient to render such custom in all cases legal: 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 all Protests of Inland or Foreign Protests to be made on Bills of Exchange or Promissory Notes, for dishonour, either by non-acceptance or day of dishonour. non-payment, may be made on the day of such dishonour, at any time after non acceptance, or in case of non-payment, at any time after the hour of three o'clock in the afternoon. II. And be it enacted, That a Notice of such Protest shall be sent to each of the Notice of Protest how parties to such Bill or Note, and that such Notice shall be deemed and taken to have to be served, been duly served, to all intents and purposes, upon the party to whom the same shall be addressed, being deposited in the Post Office nearest to the place of making presentment of such Bill or Note, at any time during the day whereon such Protest shall be made, or the next juridical day then following; and that the undermentioned days shall, for the purposes of this Act, be deemed and taken to be non-juridical days: videlicet, Sunday, Christmas-day, Good Friday, Easter Monday, Ash Wednesday, any Juridical and nonday set apart by Proclamation for Fasting or Thanksgiving, the Birthday of the Reigning juridical days. Sovereign, and the First day of January; and that all other days shall be deemed and taken to be juridical days. III. And be it enacted, That no Bill of Exchange shall be presented for acceptance on what days Bills on any non-juridical day; and that all Bills of Exchange and Promissory Notes and Notes are to be whereof 219* presented for accep tance or payment. Forms of Protests and Fees to Notaries. Extent of Act. whereof the third day of grace shall fall upon any non-juridical day, shall become due and payable, and shall be presented for payment upon the next juridical day before such third day of grace. IV. And be it enacted, That such Protests and Notices may be according to the forms contained in the Schedule to this Act, marked A, or to the like effect. V. And be it enacted, That the fees to be taken by Notaries Public for the services mentioned in this Act, shall be such as are specified in the Schedule to this Act, marked B, and no more. VI. And be it enacted, That this Act shall apply to Upper Canada only. SCHEDULE A. On this FORM OF PROTEST OF A BILL OF EXCHANGE FOR NON-PAYMENT. eight hundred and fifty day of in the year of our Lord, one thousand at the request of holder of the Bill of Exchange hereunto annexed, Ì , a Notary Public for Upper Canada, by Royal Authority duly appointed, did exhibit the said Bill being the place where the same unto , at is payable, and speaking to him, did demand payment of the said Bill; to which demand he answered Wherefore I, the said Notary, at the request aforesaid, have protested, and do hereby solemnly protest, as well against all the parties to the said Bill, as against all other persons whom it may concern, for all interest, damages, costs, charges, expenses and A. other losses suffered or to be suffered for want of payment of the said Bill. And afterwards, on the day and year mentioned in the margin, I, the said Notary Public, did serve due Notice, according to law, of the said Presentment, Non-payment and Protest of the said Bill, upon the several parties thereto, by depositing, in Her Majesty's Post Office at , being the nearest Post Office to the place of the said Presentment, Letters containing such Notices, one of which Letters was addressed to each of the said parties, severally; the superscription and address of which Letters are respectively copied below, as follows, that is to say: (Here insert the directions of the letters.) In testimony whereof, I have hereunto set my Hand and affixed my Seal of Office, the day and year first above written. by drawn by , for , on and accepted payable (three months) after the date thereof, at the Bank of in Toronto, and endorsed by A. B. C. D. E. F., &c., was this day presented by me for payment at the said Bank, and that payment thereof was refused, and that the holder of the said Bill looks to you for payment thereof. Also, take notice that the same Bill was this day protested by me for non-payment. Your obedient servant, A. B., The above forms may be changed to suit Protests for non-acceptance or non-payment of Bills, or non-payment of Notes. SCHEDULE An Act to facilitate the performance of the duties of Justices of the Peace, out of W [ 30th August, 1851. ] HEREAS it would conduce much to the improvement of the administration of Preamble. justice within that part of this Province called Lower Canada, so far as respects Summary Convictions and Orders to be made by Her Majesty's Justices of the Peace therein, if the several Statutes and parts of Statutes relating to the duties of such Justices in respect of such Summary Convictions and Orders were consolidated, with such additions and alterations as may be deemed necessary, and that such duties should be clearly defined by positive enactment: 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 in all cases where an information shall be laid before one or more of Her Majesty's Justices of the Peace for any District in Lower Canada, that any person has committed or is suspected to have committed any offence or act within the jurisdiction of such Justice or Justices of the Peace, for which he is liable by law, upon a Summary Conviction for the same before a Justice or Justices of the Peace, to be imprisoned or fined, or otherwise punished; and also in all cases where a complaint shall be made to any such Justice or Justices, upon which he or they have or shall have authority by law to make any Order for the payment of money or otherwise, then in every such case it shall be lawful for such Justice or Justices of the Peace to issue his or their Summons (A), directed to such person, stating shortly the matter of such information or complaint, and requiring him to appear at a certain time and place, before the same Justice or Justices, or before such other Justice or Justices of the same District as shall then be there, to answer to the said information or complaint, and to be further dealt with according to law; and every such Summons shall be served by a How Summons to be Constable or other Peace Officer, or other person to whom the same shall be delivered, served. upon the person to whom it is so directed, by delivering the same to the party personally, or by leaving the same with some person for him, at his last or most usual place of abode; and the Constable, Peace Officer, or person who shall serve the same in manner aforesaid, shall attend at the time and place, and before the Justices in the said Summons mentioned, to depose, if necessary, to the service of the said Summons: Provided always, that nothing herein mentioned shall oblige any Justice or Justices of the Peace to issue any such Summons in any case where the application for any Order of Justices is by law to be made ex parte: Provided also, that no objection shall be taken or allowed No objection allowed to any information, complaint or summons, for any alleged fact therein, in substance for want of form, or in form, or for any variance between such information, complaint or summons, and the evidence adduced on the part of the informant or complainant at the hearing of such information or complaint as hereinafter mentioned; but if any such variance shall appear to the Justice or Justices present and acting at such hearing to be such that the party so summoned and appearing has been thereby deceived or misled, Justices not obliged to issue Summonses in certain cases. If Summons be not obeyed, Justices may issue Warrant ; Or may issue Warrant in the first instance; misled, it shall be lawful for such Justice or Justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day. II. And be it enacted, That if the person so served with a Summons as aforesaid shall not be and appear before the Justice or Justices at the time and place mentioned in such Summons, and it shall be made to appear to such Justice or Justices, by oath or affirmation, that such Summons was so served, what shall be deemed by such Justice or Justices to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such Justice or Justices, if he or they shall think fit, upon oath or affirmation being made before him or them, substantiating the matter of such information or complaint to his or their satisfaction, to issue his or their Warrant (B) to apprehend the party so summoned, and to bring him before the same Justice or Justices or before some other Justice or Justices of the Peace in and for the same District, to answer to the said information or complaint,and to be further dealt with according to law; or upon such information being laid as aforesaid for any offence punishable on conviction, the Justice or Justices before whom such conviction shall have been made may, if he or they shall think fit, upon oath or affirmation being made before him or them substantiating the matter of such information to his or their satisfaction, instead of issuing such Summons as aforesaid, issue in the first instance his or their Warrant (C) for apprehending the person against whom such information shall have been so laid, and bringing him before the same Justice or Justices, or before some other Justice or Justices of the Peace in and for the same District, to answer to the said information, and to be further Orif Summons having dealt with according to law; or if where a Summons shall be so issued as aforesaid, and upon the day and at the place appointed in and by the said Summons for the appearance of the party so summoned, such party shall fail to appear accordingly in obedience to such Summons, then and in every such case, if it be proved upon oath or affirmation to the Justice or Justices then present, that such Summons was duly served upon such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for such Justice or Justices of the Peace to proceed ex parte to the hearing of such information or complaint, and to adjudicate thereon, as fully and effectually to all intents and purposes as if such party had personally appeared before him or them in obedience to the said Summons. been duly served be not obeyed, the Justice may proceed ex parte. Form of Warrant, III. And be it enacted, That every such Warrant to apprehend a Defendant, that he may answer to such information or complaint as aforesaid, shall be under the Hand and Seal or Hands and Seals of the Justice or Justices issuing the same, and may be directed to all or any of the Constables or other Peace Officers of the District within which the same is to be executed, or to such Constable and all other Constables within the District within which the Justice or Justices issuing such Warrant hath or have jurisdiction, or generally to all the Constables within such last mentioned District, and it shall state shortly the matter of the information or complaint on which it is founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the Constable or other Peace Officer to whom it is directed, to apprehend the said Defendant, and to bring him before one or more Justice or Justices of the Peace, as the case may require, of the same District, to answer to the said information or complaint, and to be further dealt with according to law; and that it shall not be necessary to make such Warrant returnable at any particular time, but the same may remain in full force When and how War- until it shall be executed; and such Warrant may be executed by apprehending the rant may be executed. Defendant at any place within the District within which the Justices issuing the same shall have jurisdiction, or, in case of fresh pursuit, at any place in the next adjoining District, within seven miles of the border of such first mentioned District, without having such Warrant backed as hereinafter mentioned; and in all cases in which such Warrant shall be directed to all Constables or Peace Officers within the District within which the Justice or Justices issuing the same shall have jurisdiction, it shall be lawful for any Constable or Peace Officer for any place within the limits of the jurisdiction for which such Justice or Justices shall have acted when he or they granted such Warrant, to execute such Warrant in like manner as if such Warrant were directed specially to such such Constable by name, and notwithstanding that the place in which such Warrant shall be executed, shall not be within the place for which he shall be such Constable or Peace Officer; and if the person against whom any such Warrant has been issued be not found within the jurisdiction of the Justice or Justices by whom it issued, or, if he shall escape, go into, reside or be, or be supposed or suspected to be in any place within this Province, whether in Upper or Lower Canada, out of the jurisdiction of the Justice or Justices issuing the Warrant, any Justice of the Peace, within whose jurisdiction such person shall be or be suspected to be as aforesaid, upon proof alone upon oath of the hand-writing of the Justice or Justices issuing the Warrant, may make an endorsement upon it, signed with his name, authorizing the execution of the Warrant within his jurisdiction; and such endorsement shall be a sufficient authority to the person bringing the Warrant, and to all other persons to whom it was originally directed, and to all Constables or other Peace Officers of the District, County or place where the endorsement is made, to execute the same in any place within the jurisdiction of the Justice of the Peace endorsing the same, and to carry the offender, when apprehended, before the Justice or Justices who first issued the Warrant or some other Justice having the same jurisdiction; Provided always, that no objection shall be taken or allowed to any such Warrant to apprehend a Defendant, so issued upon any such information or complaint as aforesaid, under or by virtue of this Act, for any alledged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the Informant or Complainant as hereinafter mentioned; but if any such variance shall appear to the Justice or Justices present and acting at such hearing, to be such that the party so apprehended under such Warrant has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit (D.) the said Defendant to the House of Correction or other prison, lock-up house, or place of security, or to such other custody as the said Justice or Justices shall think fit, or to discharge him upon his entering into a Recognizance (E.), with or without Surety or Sureties, at the discretion of such Justice or Justices, conditioned for his appearance at the time and place to which such hearing shall be so adjourned: Provided always, that in all cases where a Defendant shall be discharged upon Recognizance as aforesaid, and shall not afterwards appear at the time and place in such Recognizance mentioned, then the said Justice, who shall have taken the said Recognizance, or any Justice or Justices, who may then be there present, upon certifying (F.) upon the back of the said Recognizance the non-appearance of the Defendant, may transmit such Recognizance to the Clerk of the Peace of the District within which such Recognizance shall have been taken, to be proceeded upon in like manner as other Recognizances, and such Certificate shall be deemed sufficient prima facie evidence of such non-appearance of the said Defendant. Backing of Warrant when taken into another jurisdiction. No obje tion allowed Warrant or for any variance, &c. for want of form in the But if the party charg variation, he may be committed or discharg ed is deceived by the ed upon Recognizance. But if he fail to remay transmit the Recognizance to the appear, the Justice Clerk of the Peace, IV. And be it enacted, 'That in any information or complaint or proceedings thereon, Description of properin which it shall be necessary to state the ownership of any property belonging to or in ty of partners, &c. the possession of partners, joint tenants, parceners or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named and another, or others, as the case may be, and whenever in any information or complaint, or the proceedings thereon, it shall be necessary to mention, for any purpose whatsoever, any partners, joint tenants, parceners or tenants in common, it shall be sufficient to describe them in the manner aforesaid; and whenever in any such information or complaint, or the proceedings thereon, it shall be necessary to describe the ownership of any work or building made, maintained or repaired at the expense of any District, County, Township, City, Parish or place, or of any materials for the making, altering or repairing the same, they may be therein described as the property of the inhabitants of such District, County, Township, City, Parish or place, respectively. V. And be it enacted, That every person who shall aid, abet, counsel or procure Prosecution and puthe commission of any offence which is or hereafter shall be punishable on Summary nishment of aiders Conviction, shall be liable to be proceeded against and convicted for the same, either and abetters in the commission of together offences. |