2. He is the clerk of the court, with regard to all matters Duties. dependent on its jurisdiction in criminal matters; and, save Deputies. and except in the districts of Quebec, Montreal, Three Rivers, St. Francis, Gaspé, Kamouraska and Ottawa, in which the appointment is compulsory, he may, by an instrument under his hand and seal, appoint a deputy, who is empowered to perform Duties of any duty of such clerk of the Crown, and shall continue to deputies. perform all the duties of that office, in case of death, dismissal, suspension from office or resignation of such clerk of the Crown, until the appointment of his successor. C. S. L. C., c. 77, s. 74; C. S. L. C., c. 93, ss. 3 and 12. 2456. Such deputy clerk, whose appointment is entered at Removal of full length in the register of the court, may, however, at any deputy. time be removed and replaced by the clerk who appointed him. C. S. L. C., c. 77, s. 74; C. S. L. C., c. 93, s. 12 § 3. clerk of the 2457. Any prothonotary of the Superior Court, or any Who may be clerk of the Circuit Court, may be appointed clerk of the appointed Crown and of the peace in and for any district; but no clerk Crown, &c. of the Crown or of the peace shall, while he remains such, practise as an advocate in the Province. C. S. L. C., c. 77, s. 75; 49-50 V., c. 34, ss. 1 and 58 § 1. § 4.-Places of holding and terms of the Court. held in dis 2458. Two terms of the Court of Queen's Bench in the Terms to be exercise of its jurisdiction in criminal matters, and for taking tricts other cognizance of all crimes or criminal offences, are held each year than Quebec in each district of the Province, except Quebec and Montreal, and Montreal. and the Lieutenant-Governor, by proclamation, fixes the dates of such terms. C. S. L. C., c. 77, ss. 77 and 80; 33 V., c. 9, s. 1. Montreal. 2459. Such terms for the districts of Quebec and Montreal Terms in are held and commence at the times fixed by the Lieutenant- Quebec and Governor in Council, of which notice is given by proclamation. 33 V., c. 9, s. 1. terms shall 2460. The said terms are not of fixed duration, but are How long held until the court declares the same closed, which shall not the said be done until the court is of opinion that there remains no continue. trial, matter or proceeding to be had or done by or before it, which cannot conveniently remain over until the next term. The court may, if it be deemed advisable, or if the attend- Adjournance of the judge or judges holding the same is required at ment. any other place or court, adjourn from day to day, or to any day before the first day of the next term at the same place. C. S. L. C., c. 77, s. 78. Governor 2461. The Lieutenant-Governor may, by proclamation, Lieutenantfrom time to time, fix the periods at which the terms of the may fix by Court of Queen's Bench in the exercise of its original criminal proclamation jurisdiction, shall commence in all the districts, and may alter the periods for holding the same in like manner. C.S.L.C., c. 77, s. 80; 33 V., c. 9, s. 1. the terms, And direct an extraordinary term to be held. Laws applicable thereto. 2462. The Lieutenant-Governor may, at any time, by proclamation, direct an extraordinary term of the Court of Queen's Bench, on the Crown side, to be held in and for any district, and to commence on the day to be named for that purpose in such proclamation, which shall be issued at least thirty days before the beginning of such term. 2. All the provisions of this section and of the law, with regard to the ordinary criminal terms of the said court, shall apply to such extraordinary term. C. S. L. C., c. 77, s. 79. SECTION II. Special commissions of oyer and ter Issued. COURTS OF OYER AND TERMINER. oyer 2463. Nothing contained in any law relating to the administration of justice in the Province shall be construed to preminer may be vent the issue of any general or special commission of and terminer or of general gaol delivery for such district, city or place as may be deemed necessary, at any time other than that of the sittings of the Court of Queen's Bench in the exercise of its functions as a court of criminal jurisdiction, in the same district, city or place, or to derogate from, abridge or affect any right or prerogative of the Crown not expressly mentioned in any of the said laws. C. S. L. C., c. 96, s. 1. Interpretation. Jurisdiction SECTION III. COURT OF GENERAL SESSIONS OF THE PEACE, JUSTICES of THE PEACE, § 1. Interpretative. 2464. The expressions "Court of Quarter Sessions," and "Court of General Sessions of the Peace," wherever met with in this section or in any other law, are synonymous. C.S.L. C., c. 97, s. 21. § 2. Jurisdiction of the Court. 2465. The court of general sessions hears and determines and powers all matters relating to the preservation of the peace, and whatsoever is by them cognizable according to the laws then in force. C. S. L. C., c. 97, s. 1. of court. Terms of gen §3.-Places for holding the Court. 2466. The court of general sessions of the peace is held in eral sessions each of the districts of Quebec and Montreal, at the chef-lieu of the peace. of each of these districts, and the Lieutenant-Governor in at Quebec and Montreal. Council may, by proclamation, order that only two terms of the court be held in each such district yearly, fix the period of such terms and change the same, from time to time, as he shall deem advisable. C. S. L. C., c. 97, s. 1; 43-44 V., c. 6, s. 1. tricts. 2467. The Lieutenant-Governor may, by proclamation, also Terms in direct that, for the purposes mentioned in article 2465, and other dis with the same powers, courts of general sessions of the peace be held at the chef-lieu of any other district where the Superior Court is held, and such courts shall be so held accordingly. 2. The proclamation respecting the district of Gaspé may, In Gaspé. however, order the holding of such sessions in the county of Gaspé, at Percé and at Gaspé Basin. C. S. L. C., c. 97, ss. 1 and 2. any district 2468. The holding of the court may be discontinued, by May be dis another proclamation, in any district in which it has been continued in established, whenever it appears to the Lieutenant-Governor and re-estab that the Court of Queen's Bench in such district suffices for lished. the despatch of criminal business therein;—and the holding of the said court may, at any time, be again re-established by a like proclamation, if, in the opinion of the Lieutenant-Governor, the despatch of the criminal business of the district render it necessary. C. S. L. C., c. 97, s. 2 § 2; 43-44 V., c. 6, ss. 1 and 2. 2469. The Lieutenant-Governor may, by proclamation, Times of holdfrom time to time, fix the periods at and during which the ing to be fixed by proclamacourt of general sessions of the peace shall be held in all or tion. any of the districts, the number of which terms shall be discretionary with him, and may alter the same in the like manner. fixed. No court is held in a district in which it may hereafter be Terms to be established until the terms for holding such court are so fixed by proclamation. C. S. L. C., c. 97, s. 3. § 4.—Magistrates who may hold the Court. held. 2470. The court of general sessions of the peace in the By what jusProvince may be held by any two or more justices of the tices to he peace for the respective districts in and for which it is established. C. S. L. C., c. 97, s. 4. 2471. Except in the cities of Quebec and Montreal, each of Judges of Suthe judges of the Superior Court may hold any court of perior Court general sessions of the peace. may hold them alone. tain cases. 2. He shall hold any such court that should be held in the Duties to hold district which is assigned to him whenever there would other- court in cerwise be a failure of justice for want of a quorum of justices of the peace to hold such court. 3. Whenever any such judge holds such court, he shall hold Holds court it alone, without the assistance of any justice of the peace. alone. C. S. L. C., c. 97, s. 5 § 1. 2472. The recorder or the judge of the sessions of the Recorder or peace, at either of the cities of Quebec and Montreal, may judge of the preside over the court in the city in which he is such recorder preside. sessions may Duty of judge of sessions. Provision in or judge of the sessions, or may hold such court alone, without the assistance of any justice of the peace. It is the duty of the judge of the sessions of the peace so to preside over or hold the court alone, as the case may be. If there be, at any sitting of such court, any case of appeal cases of ap- from any decision of one of these officers, then the other peal. shall hold or preside over the court. C. S. L. C., c. 97, s. 5, §§ 2 and 3; 25 V., c. 13, s. 1. Salary of judge in Three Rivers when the there. 2473. In case of the establishing of courts of general sessions of the peace in either of the districts of Three Rivers or St. Francis and Saint Francis, the Lieutenant-Governor may appoint an advocate of at least five years' standing to hold such court in court is held such district, and assign to each person so appointed a salary not exceeding the rate of three hundred dollars per annum. 2. Such officer shall, without possessing any property qualification whatever, be a justice of the peace for the district for which he is appointed, and has, as regards the holding of the court, the powers of a judge of the Superior Court. Qualification. Powers. Duration of sessions. In what cases ing jurors to He holds the court alone, or with the assistance of one or more justices of the peace. C. S. L. C., c. 97, s. 6; 49-50 V., c. 34, s. 1. 2474. The sessions of the court respectively continue and are held until the court declares the same closed, which shall not be done until the court is of opinion that there remains no trial, matter or proceeding to be had or done by or before it, which cannot conveniently remain over until the then next sessions. C. S. L. C., c. 97, s. 7. § 5. Special Provisions respecting Gaspé. 2475. Notwithstanding any proclamation establishing only precepts courts of general sessions of the peace in the district of Gaspé, for summon- no term of the court is held, or precept issued for summoning courts of gen- grand or petit jurors to any such term, unless such precept is eral sessions signed by three justices of the peace and by the judge of the Superior Court of the district. in Gaspé. Duty of sheriff. Justices to Whenever any precept so signed is addressed to the sheriff, he shall cause such precept to be executed with all possible despatch, and at as little expense as possible to the Province for mileage or other incidental charges. C. S. L. C., c. 97, s. 8, § 6.-Appointment of Constables and other Peace Officers. 2476. The justices of the peace assembled in general appoint con- sessions of the peace, or a majority of the same, or the judge stables annu- holding the Court of Queen's Bench when no such court of general sessions is held at any of the places hereinafter mentioned, shall annually name so many persons as they think sufficient, resident in the cities and banlieues of Quebec and Montreal, in the cities of Three Rivers and Sherbrooke, and ally. in the chefs-lieux at which the court is held in the other districts, to be constables and peace officers for carrying into execution the orders and decrees of the several courts, and to preserve the public peace therein. 2. Such constables and peace officers shall faithfully perform Duties of the duties of their office for the space of one year, previous to constables. the expiration whereof, the said justices of the peace or court shall annually appoint others to serve in their stead, and may Appointment increase or diminish the number first appointed as to them of others. appears most advantageous for the public safety. sons not to be 3. No civil or military officer, or any person in priest's Certain perorders, or in the profession or practice of physic and surgery, appointed. or any miller, ferryman, schoolmaster or student of any college or seminary, or any person not of full age, can be validly appointed as constable or peace officer. 4. Every offence committed by refusing or neglecting to Penalty for reperform the office of constable or peace officer shall be punished fusing duties. by a penalty of eighty dollars, to be recovered in the ordinary manner in any court, with costs of suit. C. S. L. C., c. 97, s. 10. $ 7.-Rules of Practice and Tariffs. 2477. The several courts of general sessions of the peace Courts to in the districts where they are held, or the Court of Queen's make rules of Bench, in which no court of general sessions is held, may tariffs. practice and make and establish a tariff of fees for the advocates practising before such courts, and also such rules of practice as are requisite for regulating the procedure in cases before such courts. C. S. L. C., c. 97, s. 12; 33 V., c. 15, s. 3; 49-50 V., c. 34, s. 1. 2478. The Lieutenant-Governor in Council may make, Lieutenantmodify or repeal any tariff of fees payable to clerks of justices Governor in Council may of the peace, high-constables, bailiffs, or constables, for their make tariffs services in the execution of any order of the justices of the for conpeace, of the Court of Queen's Bench, in the exercise of its stables, &c. original jurisdiction in criminal matters, or of the court of general sessions of the peace, in any district of the Province. C. S. L. C., c. 103, s. 74; 33 V., c. 15, s. 1. 2479. Every overcharge in contravention of such tariff by Penalty for the officers, whose fees are regulated by the Lieutenant- overcharging Governor, is punishable by a fine not exceeding twenty dollars, recoverable with costs in a summary manner before any justice of the peace of the district, of which fine one moiety belongs to the prosecutor, and the other moiety to Her Majesty, for the public uses of this Province. C. S. L. C., c. 100, s 6; 33 V., c. 15, s. 2. |