Such officers shall, from the mere fact of holding such Officers are offices, be agents of the Provincial Treasurer for the purposes agents of of this section. Treasurer. Government Any payment made to them, under this section, shall be Warranty of deemed to be made to the Provincial Treasurer, and all persons, for such who are entitled to draw such sums or securities, shall have deposits. the warranty of the Government of the Province for the payment to them of such sums or securities. 43-44 V., c. 8, s. 1. received. 1193. Every coroner, who either personally or by his de- Coroners to puty, receives any sum of money exceeding one hundred dollars deposit sums under any title whatsoever, shall immediately deposit the same in the manner above prescribed. 36 V., c. 14, s. 2. 1194. Every bailiff of the Superior Court, who receives Bailiffs to deany sum of money arising from a seizure or judicial sale posit sums exand exceeding in amount one hundred dollars, shall, unless ceeding $100. he has lawfully handed over, distributed or paid such sum, before making his return, deposit the same in the prothonotary's or clerk's office of the court of the district within the limits of which the writ issued together with his return. 36 V., c. 14, s. 3. of or opposition, upon pays 1195. At the expiration of fifteen days from the date at 15 days after which any report of distribution and collocation of moneys judgment homologahas been homologated, in whole or in part, (as the case tion, if there may be,) whether by a judgment of any court, or by the order be no appeal of a prothonotary or clerk of a court in the Province, the pro- prothonotary thonotary or clerk of the court, within the office of which the or clerk shall said judgment or order of homologation is fyled and of re- cialTreasurer, notify Provincord, if no notice of appeal from such judgment, or order of who therehomologation, has been served upon him, or if no oppo- the moneys sition has been made to such judgment, or order of homo- deposited. logation as hereinafter set forth, within the said delay of fifteen days from the date of the judgment or order of homologation, shall transmit without delay to the Provincial Treasurer a copy of the said judgment or order of homologation, and a certificate under his signature and the seal of the court establishing and setting forth that no such notice of appeal or opposition has been served upon him within the said delay, and on receipt of such judgment and certificate, the Provincial Treasurer shall immediately pay the moneys so distributed, by delivering to the sheriff, or the officer to whom the same belongs, his orders or cheques in favor of each of the parties mentioned in the judgment or order, for the amount awarded to each. 2. If any appeal has been taken from the judgment, If there be an or order of homologation, or an opposition made thereto in appeal or an opposition, relation to one or more of the said collocations, which shall be Treasurer established by the certificate of the prothonotary or clerk, the shall not pay Provincial Treasurer shall not pay the amount of the colloca- final judgtion contested until after a definite sentence has been pro until after ment or settlement. nounced upon such contestation, or until after such contestation shall have been settled as hereinafter provided. Appeals from 3. Any person, or corporation, desirous of instituting an apor oppositions peal from the judgment or order of homologation before mento judgments of homologa- tioned, or of making any opposition thereto, if by law any tion must be such opposition can be made, must, within fifteen days from served upon prothonotary the date of such judgment or order of homologation, produce, or clerk, in at the office of the court where such judgment or order is fyled default of and of record, by causing the same to be served upon the prothonotary or clerk of such court, a copy of the writ of appeal which he has caused to be issued, or of his opposition, (if an opposition has been made,) and it shall be the duty of the prothonotary or clerk to make an entry of such document in the registers of the court, and the same shall form part of the record. which moneys may be paid. Without prejudice to the right to prosecute the position. In the event of the said opposition or writ of appeal not having been served within the aforesaid fifteen days, upon the prothonotary or clerk of the court, the sums of money appeal or op- mentioned in the judgment or order of homologation shall be paid; but this article shall not deprive any one, who shall have omitted to prosecute his appeal or opposition within the fifteen days as hereinabove set forth, from the right of so doing, within the delays established by law, or of fyling his opposition within the delays established by law and, in the event of his succeeding, of recovering, by action at law, the moneys paid under the former judgment. But when such service shall have been made, moneys shall not be paid until after a final decision by court of ultimate jurisdiction. Moneys may 4. Whenever any appeal has been instituted to the Court of Queen's Bench, or any opposition put in within the fifteen days, as aforesaid, and the prothonotary or clerk has been notified of such appeal or opposition as hereinabove set forth, the moneys affected by such appeal or opposition shall not be paid until the contestation raised thereby shall have been definitely settled, either by the Superior Court, by the Court of Queen's Bench, by the Supreme Court or Her Majesty's Privy Council, in the event of the matter having been appealed to the two latter jurisdictions, and the prothonotary or clerk of the court shall not grant his certificate for the payment of the moneys until a copy of the judgment rendered by the Superior Court, by the Court of Queen's Bench, or by the Supreme Court, or Her Majesty's Privy Council, if the cause have been carried into such latter jurisdictions, or a discontinuation of such appeal or opposition, or a certificate of the clerk of appeals in the said Province or of the registrar of the Supreme Court, establishing that such appeal has been given up and abandoned, or a certificate of the prothonotary or clerk of the court establishing that such opposition has been discontinued, shall have been fyled in the office of the Superior Court. 5. In all cases whenever a consent in writing, signed by all be distributed the parties interested in the cause, and attested by the prothonotary or clerk, has been fyled with him, the Provincial by consent. Treasurer shall immediately pay or distribute the moneys so deposited, by delivering to the sheriff or other officer entitled thereto, his cheques or orders in favor of any person mentioned in such consent, for the amount therein set forth. 36 V., c. 14, s. 5. refuses or is 1196. Whenever any person desires to pay any sum of When creditor money and is prevented from doing so by reason of the re- absent, debtor fusal of his creditor, or of the absence of his creditor from the may deposit place where the debt is payable, such person may deposit such the sum. sum in the office of the Provincial Treasurer, together with a proper designation of the nature of the debt, of the title under which it is due, and of the persons to whom he desires the money should be paid. deposit. Such deposit shall liberate, for the future, the person mak- Effect of such ing such tender, from the payment of interest on such sums of money, provided his creditor has, without having any right so to do, refused to accept such tender; the moneys deposited for a creditor, who is absent from the place where the debt is payable, shall also cease to bear interest against the debtor, if the amount deposited be sufficient. 35 V., c. 5, s. 8. on demand. 1197. The Provincial Treasurer shall, thereupon, on de- Treasurer to mand, pay to the creditor so designated the amount so de- pay creditor posited, saving the right of the depositor, if the deposit receipt has not been registered and if the money has not been paid Proviso. into court as a tender, to withdraw his deposit before the same shall have been demanded by his creditor. 35 V., c. 5, s. 9. 1198. Whenever any person desires to pay any sum of Moneys in dismoney which is demanded of him by contending claimants, he pute may be deposited. may deposit the money he so desires to pay, in the office of the Provincial Treasurer. 35 V., c. 5, s. 10. over. 1199. In the case mentioned in the preceding article, the How TreasTreasurer shall pay over the amount deposited to the claimant, urer shall pay who shall produce and file an authentic copy of a competent judgment entitling him to the money, saving the right of the Proviso. depositor, if the deposit receipt has not been registered, and if the money has not been paid into court as a tender, to withdraw his deposit before the same shall have been demanded by the claimant. 35 V., c. 5, s. 11. 1200. In any case in which a voluntary deposit is made In case of a under this section of any amount due in virtue of any regis-im, receipt registered tered claim, the depositor shall cause a duplicate of the deposit shall be regisreceipt to be registered and left with the registrar, and an tered and entry thereof shall be made in the margin of the register op- entered. posite the title under which the claim exists; and such regis- Effect of such tration and entry shall have the same effect as regards the registration. cancelling of the registration of the claim, as the registration and entry of a discharge from the creditor for a like amount would have had. 35 V., c. 5, s. 12. Judicial officers to account quarterly. Moneys de posited may be seized by 1201. Every sheriff, prothonotary, clerk of the Circuit Court, or other judicial officer shall, between the first and eleventh days of the months of January, April, July, and October in every year, render to the Provincial Treasurer a sworn account, in detail, of all moneys received by him in his official capacity, whether the same have been deposited or not in the office of the Provincial Treasurer, in virtue of the provisions of this section. 35 V., c. 5, s. 17. 1202. Moneys, deposited under this section, may be attached in the hands of the Provincial Treasurer, in the usual garnishment. manner, by garnishment either before or after judgment. 36 V., c. 14, s. 6. Sureties may deposit the amount of their suretyship. 1203. Whenever any judicial surety or any surety of a public officer, or any tutor or judicial administrator, is desirous of paying over the amount of his suretyship or the full amount appearing to be due by him from his accounts lawfully rendered, he may deposit such amount with the Provincial TreasEffect of such urer under this section, and, upon the production of the deposit deposit. receipt, he shall thereupon be free from the costs of any proceedings taken against him with respect to such amount. 35 V., c. 5, s. 24. Responsibil ity of officers failing to comply with this section. Sums шay be paid out of deposits of sums under $100. 1204. Every public officer, who fails to comply with the provisions of this section, may be deprived of his office, and, moreover, shall incur a penalty not exceeding two hundred dollars, which shall belong to the Province and shall be recovered in the name of the Crown, by an action for debt before a court which is competent to take cognizance of an action of debt for such amount; and, in default of payment of the fine, the officer condemned to pay the same may be imprisoned in the common gaol for a period not exceeding three months. 43-44 V., c. 8, s. 4. 1205. Out of deposits made in the Treasury Department, in sums under one hundred dollars, the Provincial Treasurer, upon a certificate from the prothonotary or clerk of the court, stating that he may do so, may pay such deposits in whole or in part, except in cases wherein judgment of distribution is rendered. 43-44 V., c. 8, s. 6. SECTION XX. MARRIAGE LICENSE FEES. Marriage licenses to be 1206. In so far as regards the solemnization of marriage by Protestant ministers of the Gospel, all marriage licenses shall be issued from the office of the Provincial Secretary, under the issued by Prohand and seal of the Lieutenant-Governor, who, for the purvincial Treasurer and poses of such licenses, is the competent authority under article signed by 59 of the Civil Code. 35 V., c. 3, s. 1. Lieutenant- 1207. In so far as regards the solemnization of marriage by No other Protestant ministers, no marriage license, issued in any other license necesmanner, or from any other authority, shall be necessary. V., c. 3, s. 2. 35 sary. furnish 1208. The licenses issued under this section are furnished, Persons to be by such persons as the Lieutenant-Governor in Council names named to for that purpose, to all persons requiring the same, who shall licenses. previously have given a bond, together with two sureties being householders, and in the form appended to this section. 35 V., c. 3, s. 3. which at least 1209. Every person furnishing such licenses shall, for Fee eight every license, receive, from the person requiring the same, the dollars, of sum of eight dollars, out of which sum he shall retain, for six payable to himself, such portion, not exceeding two dollars, as the Lieu- Treasurer. tenant-Governor shall allow, and he shall pay over the remainder of the said sum to the Provincial Treasurer at such time as the said Provincial Treasurer shall direct. 35 V., c. 3, s. 4. Protestant 1210. The sums so paid over to the Provincial Treasurer Moneys to be shall be by him paid over annually, at such time and in such applied to manner that the same shall be apportioned among the Protest- superior eduant institutions of superior education, by the superintendent cation. of public instruction, under authority of the Lieutenant-Governor in Council, and in accordance with the recommendation of the Protestant Committee of the Council of Public Instruction, in addition to and in the same manner as any sums or aid granted by law for the purposes of Protestant superior education in this Province. 35 V., c. 3, s. 5; 51-52 V., c. 36, s. 96. (See art. 2201.) ter from dam 1211. No minister who has performed any marriage cere- License shall mony, under the authority of a license issued under this section, protect minisshall be subject to any action or liability, for damages or ages when he otherwise, by reason of there being any legal impediment to is unaware of the marriage, unless, at the time when he performed such cere- impediment. mony, he was aware of the existence of such impediment. 35 V., c. 3, s. 6. |