SCHEDULE No. 3.

FORM OF A WARRANT OF EXECUTION TO LEVY A SUM OF

MONEY.

Province of Quebec,

District of

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

To any bailiff of the Superior Court of the said district of

Greeting:

(A. B.'s residence and pre

Whereas A. B. of fession, trade or calling) did on the day of before this court, recover judgment against C. D. of (C. D.'s residence, and profession, trade or calling,) for the for his debt, and

sum of for his costs; of which execution remains to be done; you are therefore hereby commanded to levy, of the goods and chattels and effects of the said C. D,-except (mention here the articles and animals exempted from seizure by the Code of Civil Procedure) to be selected by him out of any larger number he may have-(if the seizure be in satisfaction of a debt contracted for any article or animal otherwise exempt, it will be seizable, and must be mentioned as being seizable and excepted in the exemption from seizure,) the aforesaid sum and costs, together with

for the costs of this execution, returning to the said C. D. the overplus. if any there be, after having satisfied the aforesaid sums; and you are further commanded to make return of this warrant, with your doings thereon before this court, at the house of in the said town (or as the case may on or before the

of

be)

next (or instant.)
Given under my hand and seal, at

day of

this

day of

C. S. L. C., c. 94, Schedule 3.

SCHEDULE No. 4.

FORM OF A WARRANT OF ATTACHMENT BY GARNISHMENT.

Province of Quebec,

District of

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

Το any

bailiff of the said district of

Greeting:

At the instance of A. B. of

(A. B's

residence and profession, trade or calling,) you are hereby commanded for assuring the payment of the sum of dollars due him by C. D., of (C. D's residence and profession, trade or calling,) under judgment of this court, (state briefly the subject and date of the judgment), to seize and attach in the hands of E. F., of

(E. F's residence and profession, trade or calling,) all sums and things generally whatsoever, which he owes or will owe on any account whatsoever, or has or will have in his hands belonging to the said C. D., strictly prohibiting him from parting with the same, on pain of paying the same twice, and of being personally liable for the sum so due to the said A. B. as aforesaid.

And you are further commanded to summon the said C. D. and E. F. to appear before this court, at the

house of

be) of

at

,

on the

o'clock in the

day of

in the said town, (or as the case may next, (or instant,) noon, the said C. D. to show cause why this attachment should not be declared good and valid, and the said E. F. to make his declaration under oath under this warrant; notifying them that otherwise order may made in the matter by default; and have you then and there this warrant, with your doings thereon.

be

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

To any bailiff of the said district of

Greeting:

(A. B's residence

At the instance of A. B., of and profession, trade or calling,) you are hereby commanded to distrain by saisie-gagerie all the goods and chattels belong

ing to C. D. of (C. D's residence and profession, trade or calling,) and being in the house by him occupied (or the produce and effects in the burns and other buildings occupied by the said C. D.) for the surety and payment of the sum of

due by the said C. D to the said A. B. for the rent of the said premises, held by him of the said A. B.

And you are further commanded to summon the said C. D. to appear before this court, at the

house of

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

noon, on the

at

of the clock in the day of instant, (or next,) to answer the demand of the said A. B., and to show cause why the said saisie-gagerie should not be declared good and valid; notifying the said C. D. that if he fail so to appear, either in person or by his attorney, judgment may be given against him by default-and have you then and there this warrant with your doings thereon.

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

To any bailiff of the said district of

Greeting:

At the instance of A. B., of (A. B's. residence and profession, trade or calling,) you are hereby commanded to seize a certain cart painted red (or, as the case may be) to be further described and pointed out to you by the said A. B., and which he claims to be his property, unjustly detained from him by C. D., of (C. D's residence and profession, trade or calling,) and safely to keep the said cart (or, as the case may be), so as to have the same forthcoming to abide the judgment to be given in the case.

And you are further commanded to summon the said C. D. to appear before this court, at the

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

day of

noon, on the

house of

at

instant, (or next,) to answer the demand of the

said A. B., and to show cause why the said seizure should not be declared good and valid, and the said cart (or, as the case may be) to be the property of the said A. B.; notifying the said C. D., that if he fail so to appear, either in person or by his attorney, judgment may be given against him by default; and have you there and then this warrant, and your doings thereon.

in criminal cases.

2446. The Court of Queen's Bench, sitting in appeal and Court to be a error, is a court of error in criminal as well as in civil cases, court of error and has jurisdiction in error in all criminal cases before the said court on the Crown side thereof, or before any court of oyer and terminer, or court of general sessions of the peace.

2. The writ of error shall operate a stay of execution of the Effect of writ judgment of the court below. C. S. L. C., c. 77, s. 56.

of error.

2447. Except such cases as are cognizable only by the Extent of jurisdiction of the Admiralty, the Court of Queen's Bench, jurisdiction. Crown side, and the judges thereof have criminal jurisdiction throughout the Province over all crimes and misdemeanors committed within its limits, with full power and authority to take cognizance of, hear, try and determine all pleas of the Crown and criminal trials thereon, treasons, murders, felonies, and misdemeanors, crimes and criminal offences whatsoever, had done or committed, or whereof cognizance may lawfully be taken within the Province.

2. The judges of the court are justices and conservators of Judges to be the peace and coroners in and throughout the Province. C. S. justices of the L. C., c. 77, ss. 67 and 68.

peace and coroners.

removed into

2448. Except cases pending before any court of general What cases sessions of the peace, in which a trial by jury is allowed, which only may be may be removed into the Court of Queen's Bench, by certiorari, the court. no cause, matter or thing shall be removed into the said court from any other court. C. S. L. C., c. 77, s. 69.

Court to have powers of

2449. In any district in which no court of general sessions of the peace is held, or in which the holding of such sessions court of gen- has been discontinued, the Court of Queen's Bench shall, at any term thereof, held for the exercise of its original criminal jurisdiction, have cognizance of, try, and determine all matters and appeals of which by law the court of general sessions would have cognizance if such court were held in the district. C. S. L. C., c. 77, s. 70.

when such court is not held in the district.

Powers of

for such purpose.

2450. Such appeals shall accordingly lie to the Court of judges, &c., Queen's Bench, and the judges and the officers thereof, have, with respect thereto, the powers of the court of general sessions of the peace whenever no such court is held in the district, and the Court of Queen's Bench has and exercises any powers and does any act or thing which the court of general sessions, if held in such district, would have or do. C. S. L. C., c. 77, s. 70.

Quorum for

tings.

2451. The terms or sittings of the Court of Queen's Bench, holding sit in the exercise of its criminal jurisdiction, are held by any one or more judges, and any one or more of them shall form a quorum, and may exercise all the powers and jurisdictions of the court. C. S. L. C., c. 77, s. 71.

Any judge of

Court may

2452. Any one of the judges of the Superior Court may the Superior hold any term of the Court of Queen's Bench, for the exercise hold a crimi- of the original criminal jurisdiction of that court, and shall have all the powers authority and jurisdiction of a judge thereof, and be held to the same duties. C. S. L. C., c. 77, s. 72.

nal term.

Proviso as to
Quebec and
Montreal.

How writs shall be

issued, sealed

any

2453. It shall not be incumbent upon any judge of the Superior Court to hold any such term or exercise such powers at either of the cities of Quebec or Montreal, if a judge of the Court of Queen's Bench be present at such city and able to act. C. S. L. C., c. 77, s. 72.

§ 2. Writs and Orders.

2454. All writs and process of the court, issued in the exercise of its jurisdiction in criminal matters, shall be distinand attested. guished as being so issued, and shall be issued under the seal of the court and in the name of the Sovereign, and shall be signed by the clerk of the Crown in the manner provided in article 1121 of the Code of Civil Procedure, with regard to the writs and process of the court issued in the exercise of its jurisdiction as a Court of Appeal and Error. C. S. L. C., c. 77, s. 73.

Appointment

$ 3.-Clerks of the Crown and their Deputies.

2455. From time to time, a clerk of the Crown is appointof clerk of the ed, in and for each district where terms of the Court of Queen's Bench are held for the exercise of its jurisdiction in criminal

Crown.

matters.