5. One per cent. upon all moneys levied by the sheriff Percentage of the district, or by any bailiff residing therein, under execu- on moneys tion in any civil case; such percentage to be retained by the levied on exesheriff or bailiff out of the sum returned into court, and payable to each party collocated in and by the judgment of distribution; 28 V., c. 12, s. 1. cution. 6. All fines levied in the district under chapter one hundred Fines under and seventy-six or one hundred and seventy-seven of the R. S. C., cc. Revised Statutes of Canada, respecting the summary adminis- 176 and 177. tration of criminal justice and respecting juvenile offenders; C. S. L. C., c. 109, s. 15 § 6. witnesses, 7. All fines levied in the district for contempt of court, or And on for non-attendance of jurors or witnesses, or disobedience to jurors and any order of the court; C. S. L. C., c. 109, s. 15 § 7. 8. All fines levied in the district under article 5543 of these Fines under Revised Statutes; C. S. L. C., c. 109, s. 15 § 8. 9. All fines and forfeitures belonging to the fund under article 2739; C. S. L. C., c. 109, s. 15 § 9. &c. art. 5543. Fines under art. 2739. 10. The proceeds of any tax levied under articles 2748, 2749 Certain tax, and 2750 in any district except such portion as is not levied exception. at the chef-lieu thereof; C. S. L. C., c. 109, s. 15 § 10. Portion of 11. Any surplus or other portion of fees received by officers of justice and payable into the building and jury fund, under fees under the provisions of articles 2704 and 2705 respecting fees of art. 2704, 2705 officers of justice and the proceeds of any additional contribution imposed under article 2738; C. S. L. C., c. 109, s. 15 § 11. and 2738. 12. A yearly contribution of twelve dollars from each local Yearly conmunicipality in the district, subject to the following exceptions tribution by and provisions, that is to say: C. S. L. C., c. 109, s. 15 § 12; cipalities. 45 V., c. 25, s. 1. local muni Montreal. The local municipalities or corporations of the cities of Que- By cities of bec and Montreal shall each contribute double the aggregate Quebec and amount to be so contributed by all the other local municipalities within the districts of Quebec and Montreal, respectively; The local municipalities or corporations of the cities of Three By Three Rivers and Sherbrooke shall each contribute a sum equal to Rivers and one-fifth of the aggregate amount to be so contributed by all the other local municipalities within the districts of Three Rivers and St. Francis respectively. C. S. L. C., c. 109, s. 15 12. Sherbrooke. are paid and Such contributions shall be paid by such municipalities, To whom respectively, to the collector of provincial revenue for the contibutions revenue district in which they are respectively situate, on the when. first juridical day of the month of July in each year; and, in Proceedings default of payment by any municipality of the amount due by in default of it on the day above specified in each year, the same may be payment. recovered, with costs, by an action brought, in his own name, on behalf of Her Majesty, by the collector of provincial revenue, before any competent court. Each such collector of provincial revenue shall pay over the Amount colamounts collected by him to the sheriff of the district, to the lected to be building and jury fund of which they respectively belong; sheriff. paid over to Other sums. Interpretation. Annual con tributions of ties not pay municipali able in certain cases. Fund to be received and disbursed by the sheriff. Under what supervision. &c. Sheriff officer of the reven ue. and he shall at the same time transmit a statement of such payments to the Provincial Treasurer. 46 V., c. 17, s. 1. 13. Any other sum directed by any act or law to form part of the building and jury fund. C. S. L. C., c. 109, s. 15 § 13. The term "local municipality" in this article includes the corporation of any incorporated city or town in the Province. C. S. L. C., c. 109, s. 15 § 12. 2734. The yearly contribution, to be made by local municipalities to the building and jury fund, for the district in which they are respectively situated, shall not be payable in any district when the other sources of revenue constituting the fund are sufficient, without such contribution, to meet the charges upon the building and jury fund of such district. 45 V., c. 25, s. 3. 2735. The building and jury fund for any district shall be received and disbursed by the sheriff, who, subject to the provisions of paragraph 12 of article 2733, may demand and recover from any person any moneys which belong to the said fund; and the sheriff shall render an account thereof to the Provincial Treasurer, at such time, and in such manner and form as that officer shall appoint, and such account shall be audited by the Treasury Board. The sheriff shall be deemed an officer employed in the collection of the revenue within the meaning of chapter fifth of title fourth of these Revised Statutes; and any surplus moneys Investment of forming part of such fund may be invested by the sheriff in Government securities, with the approval of the Provincial Treasurer, and subject to such conditions as he thinks proper. C. S. L. C., c. 109, s. 17; 46 V., c. 4, s. 19; 46 V., c. 17, s. 1; 4950 V., c. 101, s. 72. surplus funds. Provision for rebuilding or 2736. If, at any time, it becomes necessary to rebuild or enlarging enlarge any district court house or gaol, the same shall be reany district built or enlarged by the Commissioner of Public Works, but at the expense of the municipalities in the district. court house or gaol. Deficit to be paid by municipalities if fund insuffi cient. If the fund established by the next preceding articles, added to the sum (if any) recovered by the sheriff for the insurance thereon, be not sufficient to defray the expense of rebuilding or enlarging, then the sum required to make good the deficiency shall be furnished by the said municipalities, in the proportions mentioned in the twelfth paragraph of article 2733, and shall be paid over to the sheriff, at such time as shall be prescribed by the Lieutenant-Governor in Council, after such rebuilding or enlarging has been commenced, and, if not so paid, may be recovered by the sheriff in the same manner and with the same powers as they are provided and given for the recovery of the contributions mentioned in the twelfth paragraph of the said article 2733. The moneys in the hands of the sheriff applicable to Sheriff to dissuch rebuilding or enlarging shall be disbursed by the sheriff burse the under the direction of the Commissioner of Public Works. C. S. L. C., c. 109, s. 18; 50 V., c. 7, s. 1. moneys. tions to fund may be di 2737. If, at any time, the building and jury fund be found Contribu in any district to be too large for the purposes to which it is made applicable, the contributions payable thereto by local minished, if it municipalities in such districts may be diminished by order of prove too the Lieutenant Governor in Council to such extent as he deems advisable. C. S. L. C., c. 109, s. 19. large. 2738. If, at any time, the said fund be found insufficient Contributions may be in any district for such purposes, the said contributions may increased, if be increased by a like order to the extent which the Lieutenant- fund insuffiGovernor in Council deems expedient, but observing the same cient. proportion as to the amount payable by the several municipalities. C. S. L. C., c. 109, s. 19. and forfeit 2739. All moneys arising in any district from fines Certain fines paid into the hands of the clerk of the peace, or of ures to make the Crown, from the forfeiture of bonds or recognizances, and part of the not forming part of the consolidated revenue fund of this Province, shall be paid over to the sheriff of such district and shall form part of the building and jury fund thereof. fund. Out of that fund payment shall be made of the price or Payment of price of value of the ground on which any gaol or court house at or ground for near the chef-lieu in such district is erected, which yet remains court house unpaid for. C. S. L. C., c. 109, s. 21. out of fund. Governor in 2740. Whenever it becomes necessary to build or to rebuild Lieutenantany court house or gaol in any district, such court house or Council to fix gaol may be erected at or near the chef-lieu of the district, at the site of any such place as the Lieutenant-Governor in Council shall direct, or gaol to be and, so soon as it is ready, it shall be used for all the purposes built or reof the administration of justice. court house built. ed in certain sheriffs. 2. The jurisdiction and powers conferred upon and vested in Powers vestthe sheriff of any district, (other than the districts of Quebec and Montreal,) are hereby conferred upon and vested in any sheriff in and for the counties of Gaspé or Bonaventure, in the district of Gaspé, as the case may be, so long as separate judicial officers exist in each of those counties, and upon and in the deputy of any such sheriff. C. S. L. C., c. 109, s. 22. porary ac 2741. In any case in which it becomes necessary to rebuild Sheriff may a court house or gaol, the sheriff in any district may, during provide temits reconstruction, procure temporarily, at or near the chef-lieu commodaat a place to be approved by the Lieutenant-Governor in Coun- tion, in case cil, a building suitable for a court house or gaol, or both, as the building. case may be, which shall be used for the purposes of the administration of justice in civil and criminal matters, in the of such re Funds for re- same manner and with as legal effect as a permanent gaol and court house might be. C. S. L. C., c. 109, s. 23. 2742. The Lieutenant-Governor may, by order in council, authorize the Provincial Treasurer to raise, from time to time, and such terms and conditions as may be deemed proper, upon may be raised such sum or sums of money as may be required to meet the by Provincial debentures. expense of rebuilding, repairing, or enlarging any gaol or court house in any district, by the issue of Provincial debentures. Any debentures so issued shall be the first charge on and provided for. be paid out of the building and jury fund for the district, or for the county of Gaspé or Bonaventure, as the case may be. C. S. L. C., c. 109, s. 24. Repayment Court houses 2743. If in any district any court house or gaol is no longer and gaols not required for the use of such district, the Commissioner of Pubrequired may be sold. lic Works may cause the same and the site on which it is situate, to be sold. Proceeds to The proceeds of such sale form part of the building and jury form part of fund for the district, or for the county of Gaspé or Bonaventure, as the case may be. C. S. L. C., c. 109, s. 25; 50 V., c. 7, s. 1. fund. SECTION III. GRANT TO COUNTY MUNICIPALITIES FOR THEIR COURT HOUSES. Allowance for a county court house to counties not having chef-lieu of district. Application, est on sum 2744. Out of the municipalities' fund for the Province of Quebec mentioned in section fifth of chapter second of title eleventh of these Revised Statutes, there is allowed to each county municipality, in which there is no district court, the sum of twelve hundred dollars toward building or procuring a county court house at a place to be approved by the Lieutenant-Governor at which the Circuit Court ought to be held in such county, and on a site to be furnished by the local municipality in which it is situate, free of all incumbrances and approved by the Commissioner of Public Works. Until the said sum be required for such purpose, the interest &c., of inter- thereof shall be paid yearly to the county for municipal purposes, or, at the option of such county, added to such sum, in order to be applied in building or procuring a better court house. until re quired. If the Circuit Court be held at more than If there be more than one court house to be built in the county, the second and all but the first shall be built at the exone place in pense of the county, on a site to be furnished as aforesaid by the local municipality in which it is built. C. S. L. C., c. 110, s. 7; 50 V., c. 7, s. 1. the county. Allowance to counties in 2745. Out of the said fund, there shall be allowed to each county municipality in which there is no district court, and in Circuit Court which no place can be appointed or continued as that at which which the the Circuit Court shall be held, the sum of six hundred dol- is not to be lars, for municipal purposes. C. S. L. C., c. 110, s. 8. held. where there 2746. If in any county there be a court house which is not Provision required for the use of such county, the Lieutenant-Governor is now a court may, by order in council, cause the same to be sold and add house which the proceeds of the sale to the share of the municipalities' fund will not be coming to the county, if the chef-lieu of the district be not in quired. such county, as an addition to the fund for building the court house in such county. C. S. L. C., c. 110, s. 9. hereafter re this section 2747. All courts to be held at the place where any court Court houses house is built under this section shall be held in such court built under house, unless the Lieutenant-Governor, in case of the destruc- to be the tion of or great damage to the building, directs them, as he places for holding all may do, to be held in some other building. C. S. L. C., c. 110, courts. S. 11. SECTION IV. TAXES UPON JUDICIAL PROCEEDINGS. Council may 2748. The Lieutenant-Governor may, by order in council, Lieutenantimpose such tax or duty as he sees fit, on any proceedings had Governor in in any of the courts in any district, and upon the closing of impose a tax inventories, assemblies of relations and friends, insinuations or on certain proceedings registrations in the offices of such courts, the appointments of in any distutors or curators, affixing or taking off seals, probates trict." of wills or other like matters, also upon any proceedings at or before the courts of commissioners for the summary trial of small causes, and at sittings of a justice or justices of the peace, judges of the sessions of the peace and sheriffs, respectively, upon any proceedings before any recorder or recorder's court, and generally upon any proceeding before any judge justice of the peace, or judicial, or ministerial officer, or court whatever. C. S. L. C., c. 109, s. 32 § 1; 31 V., c. 16, s. 9; 46 V., c. 16, s. 62; 47 V., c. 11, s. 7. 2749. The provisions of the act to make provision for the Act 12 V., c. erection and repair of court houses and gaols at certain places 112, to apply. in Lower Canada (12 V., c. 112) shall continue to apply to the imposing, levying and payment of such tax or duty, in conformity with the provisions of section eighteenth of chapter fifth of title fourth of these Revised Statutes respecting stamps. Such duties or taxes form part of the building and jury Taxes form fund. C. S. L. C., c. 109, s. 32 § 2; 27-28 V., c. 5, s. 4. part of building and jury fund. ance of court 2750. The Lieutenant-Governor may, by order in council, Provision for from time to time, reserve such portion of the fees of the clerk the maintenor crier of the Circuit Courts, held at any other place than the houses. chef-lieu of a district, as he deems proper, to be appropriated |