where there are more than two commissioners, and where there are two commissioners, the appointment of such clerk shall be vested in the commissioner whose name is first upon the list. C. S. L. C., c. 94, s. 13 § 1.

2424. Any clerk may be removed by the commissioner and Clerk how rereplaced in the same manner as he is appointed. C. S. L. C., movable. c. 94, s. 13 § 2.

2425. The clerk may, with the permission of the commis- May appoint sioners or of a majority of them, appoint a deputy, for whose a deputy. acts he shall be responsible, and whom he may remove. C. S. L. C., c. 94, s. 13 § 3.

2426. There shall be only one clerk in each town, parish, Only one township, or extra-parochial place, although two or more com- clerk in each. missioners have been appointed in such place. C. S. L. C., c. 94, s. 14; 47 V., c. 10, s. 1.

town, &c.

fied from

per

2427. No minor, bailiff, or person keeping a house of public Certain entertainment, or tavern-keeper, or person vending spirituous sons disquali or fermented liquors to be drunk in his house or on his being clerk. premises, shall be appointed clerk of a Commissioners' Court.

fied.

No justice of the peace, or any person being the father, Certain others son, brother, brother-in-law, son-in-law, or nephew, or the also disqualiclerk or agent of any one of the commissioners in his private concerns, shall be clerk of the court in which such commissioner is entitled to sit. C. S. L. C., c. 94, s. 15 § 2.

2428. Unless he gives, before one of the commissioners Security or entitled to sit in the court, security for the due performance Procat qualification of his duties, to the amount of two hundred dollars, no person of clerk. shall be appointed clerk of any Commissioners' Court, who has not at the time of his appointment for his own use and benefit, and in his actual possession, in absolute property, or by emphyteutic lease, originally created for a term of at least twenty-one years, or by usufruct for his life, in lands, tenements, or other immoveable property, lying and being within the limits of the county in which the court sits, of the yearly value of forty-eight dollars, over and above what will satisfy and discharge all encumbrances affecting the same, and over and above all rents and charges payable out of the same. C. S. L. C., c. 94, s. 15 § 1.

2429. The clerk shall, before entering upon the duties of Clerk to take his office, make oath before a commissioner entitled to sit oath of office. therein, faithfully and impartially to execute, to the best of

his ability, the duties of his office, which oath shall be entered

on the register of the court. C. S. L. C., c. 94, s. 5 § 2.

Where court to be held.

Expenses by whom paid.

Preserving of order.

No remunera

§ 5. Place for the sittings of the Court.

2430. Provided that no such court be at any time held in any tavern or place of public entertainment, or in any building thereto pertaining, the court is held in each town, parish, township or extra-parochial place, near the church, or at the most public place fixed by the commisssioner, or commissioners, according to circumstances, and in the manner prescribed by the article respecting the appointment of the clerk, in some suitable room or place provided for that purpose by the clerk thereof, under the direction of the commissioners, or of one of them; and the expense of hiring and warming such room or place, and all other expenses necessary for the convenient holding of the said courts shall be paid by such clerks, respectively, out of the fees hereinafter assigned to them. C. S. L. C., c. 94, s. 10 §§ 1 and 2, and s. 11; 47 V., c. 10, s. 1.

2431. The sittings of the court are public and the commissioners holding them have such and the like power and authority to preserve order in the said courts during the holding thereof, as are conferred upon any courts in this Province, during the sitting thereof, by articles 4, 5, 6, 7, 8 and 9 of the Code of Civil Procedure. C. S. L. C., c. 94, ss. 9 and 10; C. C. P., 1184.

2432. The office of commissioner is gratuitous, and no tion to com- commissioner shall be entitled to, or receive, any recompense or remuneration whatever, for anything by him done under this section. C. S. L. C., c. 94, s. 6.

missioners.

When the

2433. The Commissioners' Court shall be held on the first court is held. Monday in every month, not being a holiday, and if it be a holiday, then on the following day, and on any other days to which it may be found necessary to adjourn for hearing witnesses and for determining suits. C. S. L. C., c. 94, s. 10.

By whom the

2434. The court may be held by any of the commissioners court is held. appointed for the same town, parish, township or extra-parochial place, but all the commissioners appointed for the same place may be present and assist at such court, if necessary and they deem it expedient. C. S. L. C., c. 94, s. 11 § 1; C. C. P., 1183; 47 V., c. 10, s. 1.

Place of holding to be

mentioned in summons, &c.

Registers of suits.

2435. In every summons or order of subpoena issued by the court, the place where the court is held shall be mentioned. C. S. L. C., c. 94, s. 11 § 2.

§ 6. Registers and Papers.

2436. The clerk of each Commissioners' Court keeps a register of all suits instituted before such court, and of all proceedings had and all judgments rendered therein. C. S. L. C.. c. 94, s. 16 § 1.

2437. Such register shall contain a succinct statement of Contents of the names, additions and residences of the parties, the nature register. of the demand, and the defence set up, shall specify what papers were produced as evidence in the cause, and the dates of such papers, and, when any notarial instrument is produced, shall state the names of the notaries before whom such instrument was executed. C. S. L. C., c. 94, s. 16 § 1.

in.

2438. Under a penalty of forty dollars, to be recovered by Copies of the party who requires it, the clerk shall give a copy of such entries thereentries to any person demanding the same and offering to pay him ten cents for every hundred words of such copy. C. S. L. C., c. 94, s. 16 § 2.

be such, not

2439. Notwithstanding any change in the persons for the Registers to time being commissioners or clerks, the register of the Com- continue to missioners' Court for any town, parish, township or extra-par- withstanding ochial place, shall continue to be the register of the court. C. any change S. L. C., c. 94, s. 17 § 1; 47 V., c. 10, s. 1.

of commis

sioners.

person ceas

2440. The clerk of any Commissioners' Court who ceases Delivery of to perform the duties of his office, owing to resignation or re-register by moval, shall, under a penalty of forty dollars, forthwith deliver ing to act the register and papers in his possession to the commis- as clerk. sioner or commissioners, or to the person appointed successor to the clerk of the said court.

In case of the death of such officer, his heirs or representa- Duty of heirs. tives are subject to the same obligations under a similar penalty. C. S. L. C., c. 94, s. 17 § 2.

$ 7.-Fees of Clerks and Bailiffs.

2441. The fees of the clerk of any Commissioners' Court Fees allowed are the following:

1. For every summons made and delivered

by him, by order of the court or of any

commissioner entitled to sit therein.. thirty cents;

2. For every copy of a summons..

3. For every subpoena.

4. For every copy of subpoena.

..ten cents;

to the clerk.

.fifteen cents;

.ten cents;

twenty-five cents;

5. For every judgment and copy thereof...twenty-five cents;

6. For every warrant of execution or seiz

ure..

7. For every copy thereof.

8. For entering every opposition allowed

by a commissioner..

C. S. L. C., c. 94, s. 40 § 1.

.ten cents;

ten cents.

for service of

2442. The bailiff has a right to receive, for every service Fees to of process and certificate thereof, the sum of twenty cents, bailiffs, &c., and six cents and two-thirds of a cent per mile for the dis- process. tance he has gone to perform such service, the distance in re

Proviso.

Penalty on

ers or clerk

guilty of misconduct.

turning not entitling him to any allowance; but the bailiff, by whom several services are made upon the same defendant, shall not be entitled to travelling expenses for more than one journey. C. S. L. C., c. 94, s. 40 § 2.

§ 8.-Miscellaneous.

2443. Any commissioner or any clerk, who, in the execucommission- tion of the trust reposed in him, misdemeans himself, or delivers to any bailiff, or other person, any process to be by him or them distributed, sold or otherwise illegally disposed of, shall, for each such offence, incur a penalty of forty dollars, and shall thenceforth be disabled from acting as commissioner or clerk. C. S. L. C., c. 94, s. 45.

Recovery of penalties.

Application

2444. All pecuniary penalties imposed or incurred for offences committed against this section may be sued for and recovered before any court, having civil jurisdiction to the amount of the fine or penalty, in the district in which the offence was committed.

One moiety of such penalties shall go to the person suing of penalties. for the same, and the other moiety shall be paid into the hands of the Provincial Treasurer, and form part of the consolidated revenue. C. S. L. C., c. 94, s. 46.

Each commis

ceive a copy of this section.

2445. Each commissioner appointed under this section, sioner to re- shall be entitled to a printed copy thereof, in the French or English languages, to be transmitted to him, in the manner by law provided for the distribution of the printed acts of the Legislature. C. S. L. C., c. 94, s. 47; 31 V., c. 6, s. 8; 49-50 V., c. 95, s. 51.

In the Commissioners' Court for the town, (parish, township, or extra-parochial place, as the case may be) of

To A. B. of (A. B.'s residence), in the said district, carpenter, (or as the case may be,)-Greeting:

You are hereby commanded to pay to C. D. of (C. D.'s residence,) Grocer, (or as the case may be,) the sum of dollars, which he demands of you as being due to him for (state briefly the cause of action,) and remaining unpaid, with

his costs; or to appear before this court, at the

in the said town, (or as the case may be,) of

noon, of the

house of

at

day of

o'clock in the next, (or instant,) to answer the demand of the said C. D., otherwise judgment may be given against you by default.

Given under my hand and seal, at this day of in the year of Our Lord one thousand eight hundred and [L. S.]

CS. L. C., c. 94, Schedule 1.

E. F., Commissioner.

In the Commissioners' Court for the town (parish, township or extra-parochial place, as the case may be) of

To

Greeting:

You are hereby commanded, that laying aside all business and excuses, you (and each of you) be and appear in your proper person before this court, at

said town (or as the case may be,) of

of

at

o'clock in the

Plaintiff, and

house of

on

in the the day

noon, then and there to testify whatever you or either of you may know in a cause between , Defendant, pending before the court. (If the witness be required to bring with him any paper or thing, mention it.) either of you shall by no means omit, under

the law.

And this you or the penalties of

C.S. L. C., c. 94, Schedule 2.

Commissioner.