SECTION IV.

COURT OF QUEEN'S BENCH, SUPERIOR COURT AND CIRCUIT COURT,

IN GASPÉ.

§1.-General Provisions.

apply.

2368. All the general enactments of these Revised General Statutes and of the Code of Civil Procedure, relating to the enactments to administration of justice, not inconsistent with any provisions specially applicable to the district of Gaspé, shall apply to the said district. C. S. L. C., c. 80, s. 1 § 1; C. C. P.,1 and 27.

2369. Subject to any special provision of this section, Courts how the Court of Queen's Bench, the Superior Court, and the held. Circuit Court, shall be held in the district of Gaspé, in like manner as in other districts. C. S. L. C., c. 80, s. 1 § 2.

2370. The repetition in this section of any general enact- Interpretament applicable to other districts as well as to the district of tion. Gaspé, shall not in any way impair the effect of the two foregoing articles. C. S. L. C., c. 80, s. 1 § 3.

§ 2. Clerks of the Crown, Clerks of the Peace, Prothonotaries, Clerks of the Circuit Court, Sheriff's and the security to be given. by them.

of the Crown and peace,

2371. For the convenience of the inhabitants of the district Appoi of Gaspé, the Lieutenant-Governor may appoint, during plea- of joint clerks sure, two fit and proper persons of competent ability and experience in the practice of the courts of civil and criminal and prothonojurisdiction in the Province, to be joint-clerks of the Crown and of the peace, and prothonotaries of the Superior Court in the district of Gaspé.

taries.

hours.

2. One of these officers shall reside at Percé and the other Residence at New Carlisle, at which places they shall keep their offices and office open at the court house thereat from ten in the forenoon until three in the afternoon, daily, throughout the year, Sundays and holidays always excepted.

The judges of the said courts may, when and so often as the Alteration of judges thereof see fit, alter the said office hours and fix in their office hours. stead such others as in their discretion they deem expedient, having always a due regard to the public convenience. C. S. L. C., c. 80, s. 4 §§ 1 and 2.

2372. Such joint prothonotaries shall keep registers and Prothonotaplamitifs of all proceedings before the said Superior Court in ries to keep civil cases, in like manner and form as those kept by the prothonotaries of the said court in the district of Quebec.

registers, &c.

It shall not be necessary that the said registers and plumi- How to be tifs should be kept in duplicate in the district of Gaspé, kept. but separate registers and plumitifs in and for each of the counties of Gaspé and Bonaventure shall be kept. C. S. L. C., c. 80, s. 4 § 3.

Appointment of sheriff.

Security of

2373. The Lieutenant-Governor may appoint a fit and proper person of competent ability and integrity to be sherifi of the district.

Before entering upon the duties of his office, such officer such officer. shall give the security required by law. C. S. L. C., c. 80, s. 4 § 4; 36 V., c. 15, s. 3 § 1.

Appointment

officers for

2374. The Lieutenant-Governor may, however, appoint a of separate prothonotary, a sheriff of the Superior Court, a clerk of the each county. Circuit Court at the chef-lieu, a clerk of the Crown, and a clerk of the peace, in and for each of the counties of Gaspé and Bonaventure, and the salary or emoluments, allowed to the persons holding those offices jointly for the whole district of Gaspé, shall then be divided among those who are to hold them separately, in such proportions as the Lieutenant-Governor in Council may direct. C. S. L. C., c. 80, s. 5 § 1.

Duty of de

puty in case of death of officer.

Powers of

2375. In case of the death of any of the said officers, the deputy appointed by him shall hold the office pro tempore and perform all the duties thereof until a successor to such officer is appointed. C. S. L. C., c. 80, s. 5 § 1.

2376. Each such officer for either county shall, in and assuch officers. regards such county, have the powers of a similar officer in and as regards a district, and the sheriff of the county of Gaspé may appoint a deputy for the Magdalen Islands as if sheriff of the district of Gaspé. C. S. L. C., c. 80, s. 5 § 2.

Proviso.

Where offenders shall be

committed after trial.

Each county to be deemed a separate district.

2377. Nothing in the three preceding articles shall be construed to prevent the Lieutenant-Governor from continuing or appointing a sheriff for the whole district, or joint prothonotaries of the Superior Court, or joint clerks of the Circuit Court at the chef-lieu, joint clerks of the Crown or joint clerks of the peace, if at any time he thinks it expedient so to do. C. S. L. C., c. 80, s. 5 § 3.

§ 3. Place of imprisonment of Offenders.

2378. Whenever for any offence committed in the district of Gaspé, the offender is imprisoned in the common gaol after trial, he shall be so imprisoned in the common gaol of the county in which he has been tried. C. S. L. C., c. 80, s. 6.

§4.-Each County considered a Separate District.

2379. Each of the counties of Bonaventure and Gaspé is considered as a separate district, in so far as regards the county in which any civil suit or proceeding in the Superior Court, or in the Circuit Court at the chef-lieu in either county, shall be brought, so that no suit or proceeding shall be brought in either county, unless, by reason of the residenceof the defendant or of one of the defendants therein, or of the

cause of action having arisen in such county, the suit or pro-ceeding could be commenced therein if it were a separate district. C. S. L. C., c. 80, s. 7.

§ 5.—Witnesses in civil cases before the Circuit Court.

2380. Except as hereinafter provided, no person residing In what cases in either of the counties of Gaspé or Bonaventure can be sum- witnesses moned thence as a witness in any civil case before the Circuit may not be Court when sitting in that one of the two counties in which from one he does not reside. C. S. L. C., c. 80, s. 8 § 1.

summoned

county to the other.

summoned.

2381. The preceding provision does not exonerate any Witnesses, person being a non-resident in the county in which the court is however, to held from appearing and giving evidence as a witness before appear when the court, if duly served with a subpoena or order of the court to that effect, within such county, during the sitting of the court or within three days next before such sitting. C. S. L., C., c. 80, s. 8 § 2.

2382. Any person may also be summoned to appear as a Summoning witness under the provisions of the Code of Civil Procedure, of witnesses C. S. L. C., c. 80, s. 8 § 3.

§ 6. Terms and Sittings of the Circuit Court.

under C. C. P.

sit.

2383. The Circuit Court shall sit every day during the When the terms, Sundays and holidays always excepted, but the judge court shall may, as in other districts, close the sittings of any term whenever there is no more business before the court, or may continue a term by adjournment until there is no more business before it. C. S. L. C., c. 80, s. 15.

$7.-Circuits in which certain Traders and Fishermen

may be sued.

persons may

2384. Any person, carrying on business as a trader or as a In what cir fisherman in more than one of the counties or circuits in the cuit certain said district, may be sued in the county or circuit in which he be sued. has his domicile, or in any one in which he is carrying on business. C. S. L. C., c. 80, s. 16.

§ 8.-Fees.

2385. No other or greater fees shall be allowed by reason Amount of of any proceeding or judgment in the Circuit Court, in the fees allowed. district of Gaspe, than such as are allowed in the like cases in the Circuit Court in other districts in the Province. C. S. L. C., c. 80, s. 17.

Appeals.

Bailiffs, their

§ 9.-Appeals.

2386. In appealable cases, an appeal shall lie to the appeal side of the Court of Queen's Bench at Quebec, subject to the same provisions as in appeals to the said court from the Circuit Courts in other districts, except in the case of appeals from the Circuit Court in the Magdalen Islands, which shall be governed by the provisions made respecting them by subsection 11 of this section. C. S. L. C., c. 80, s. 18.

§ 10.-Bailiffs of the Superior Court.

2387. Bailiffs, appointed by the Superior Court at the chefauthority, &c. lieu of either county in the district of Gaspé, have authority to act as such within the limits of the whole district, for the service and execution of all judicial proceedings, (which may be executed by bailiffs), issuing as well from the Superior Court and the Circuit Court, in the said district, as from all other courts of justice in the Province. C. S. L. C., c. 80, s. 20 § 1.

Their removal.

Security to be
given by
them.

Manner of giving security.

Appointment

of bailiffs in each town

ship.

Writs, &c., to be served,

&c., by nearest bailiff

Inquiry into conduct, &c., of bailiffs, &c.

2388. Such bailiffs are removable by the Superior Court. C. S. L. C., c. 80, s. 20 § 1.

2389. All bailiffs so appointed give security in the manner by law required in other districts, and under like provisions. C. S. L. C., c. 80, s. 20 § 2.

2390. The bond is taken before the prothonotary of the court at the place where the bailiff is appointed, in whose office it shall remain, and who shall have the same duties with regard to it and to the bailiff to whom it relates, as the prothonotary of the Superior Court in other districts in any case where a bailiff has given security before him. C. S. L. C., c. 80, s. 20 § 2.

2391. So far as practicable, and if a competent person can be found willing to accept the office, one or more bailiffs shall be appointed in each of the townships or principal settlements in the district.

Any party suing out any process either from any Circuit Court or from the Superior Court, or the sheriff, as the case may be, shall cause such process to be served or executed by the bailiff residing nearest to the place of service or execution. C. S. L. C., c. 80, s. 21.

2392. For the purpose of inquiring into the conduct of any bailiff for the district of Gaspé, or of any other officer of the court acting under pretence of the process of such court, who is guilty of extortion or misconduct, or does not duly pay or account for any money levied or received by him, and punishing any misconduct of such bailiff or judicial officer, and granting redress to the party aggrieved thereby, the Superior Court

and the Circuit Court in the said district shall have the like power and authority as any Superior Court or Circuit Court in the other districts in the Province has for the purposes above mentioned. C. S. L. C., c. 80, s. 22.

soned.

2393. If any such bailiff or other judicial officer be com- Where to mitted to gaol in consequence of such misconduct, the com- be imprimittal shall be to the common gaol of that one of the said counties in which the court committing him is held at the time of such committal. C. S. L. C., c. 80, s. 22.

§ 11. Provisions respecting the Magdalen Islands.

2394. The Magdalen Islands, in the Gulf of St. Lawrence, To form a form a circuit by themselves.

separate cir

cuit.

The Circuit Court sitting there shall not have concurrent No concurrent jurisdiction with the said court sitting at any other place in jurisdiction. the district of Gaspé, nor shall any other court have concurrent jurisdiction with the court of the said Islands.

2. The Circuit Court of these Islands has the same juris- Jurisdiction diction in all civil cases as the Superior Court in the other of Circuit districts of the Province.

Court.

The clerk of the said court has the same powers as the Clerk. prothonotary of the Superior Court of any district; and no civil case in the Circuit Court in the said Islands shall be evocable from the same by reason of the nature, value or No evocation amount of the property or sum of money demanded therein. C. S. L. C., c. 80, s. 23.

of suits.

in Circuit

2395. The proceedings in the Circuit Court in the said Is- Proceedings lands shall be summary, as in non-appealable cases, except Court in the that in appealable cases, the judge takes or causes to be taken Islands. notes of the evidence and oral admissions of the parties.

be filed.

These notes, which should also contain the substance of Notes of evithe pleadings, are signed by the judge and filed in the dence, &c., to record, in the manner provided in appealable cases in other circuits or in the Superior Court in other districts and counties.

The pleadings in every case shall be instanter, as in non- Pleadings. appealable cases, and shall be oral, unless the judge, on the application of the parties, having written pleadings ready when they make application, otherwise orders. C. S. L. C., c. 80, s. 24.

2396. Every day of the year in term or in vacation, not Return dayɛ. being a Sunday or holiday, is a return day for any case brought before the said court. C. S. L. C., c. 80, s. 25.

in cases re

2397. In every case, appealable or non-appealable, made Proceedings returnable in vacation, the mode of proceeding shall be as turnable in provided respecting similar cases returnable in vacation in vacation. other Circuit Courts in the Province.