A copy of the record of a to the Privy Council, is equivalent to the original destroyed. Copy of record already delivered for appeal to the Privy Coun cil shall avail. Proviso. Bill of costs, how made if record lost. The sheriff shall make a new return to any writ of execution. A copy of any register of baptisms, marriages and deaths wherein services of the original writ of summons has been made upon the defendant in person. 37 V., c. 15, s. 21. 22. In all cases in which there has been an appeal to Her Majesty in Her Privy Council, duly certified copy of the record or part thereof, printed according to the practice in such appeals, may be filed in the office of the clerk of the Court of Queen's Bench, appeal side, upon application to a judge of that court by any party or person interested therein; and the copy, so filed, shall have the same effect as the original record would have had, if the same had not been lost or destroyed. 37 V., c. 15, s. 22. 23. In all cases in which, at any time before the first day of February, one thousand eight hundred and seventy-three, the clerk of the Court of Queen's Bench, appeal side, shall have delivered to the party appealing therefrom to Her Majesty in Her Privy Council, a copy of the record and proceedings, up to and including the judgment allowing the appeal to Her Majesty, notwithstanding that the original record and all proceedings subsequent to the allowance of the said appeal have been destroyed by the said fire, the said copy or a printed copy thereof shall be certified, and shall, to all intents and purposes, avail and be held and considered as the transcript of the record and proceedings required by law to be transmitted on appeal to the Privy Council, provided it be accompanied by a certificate from a judge or the clerk, that the security had been duly given before the fire. 37 V., c. 15, s. 23. 24. Whenever, on account of the destruction of the record, a bill of costs comformable thereto cannot be procured, the clerk of the Court of Appeals, prothonotary of the Superior Court, or clerk of the Circuit Court shall admit secondary evidence of the proceedings in the cause, and tax the costs according to the same. 37 V., c. 15, s. 24. 25. It shall be the duty of every sheriff, when thereunto required by any order of a judge, to make a new return to any writ of execution addressed to him, the original return to which has been destroyed by the said fire, upon which new return the same proceedings may be taken as might have been taken upon the original return. 37 V., c. 15, S. 25. 26. Every clergyman having the legal custody of a register of baptisms, marriages and burials, for the year one thousand eight hundred and seventy-two, shall, when thereunto required by the prothonotary, deposit in his office a certified copy of such register, and any extract therefrom by the prothonotary shall make proof as if be deposited. taken from a duplicate register, unless impugned by affidavit shewing that the original is different. 37 V., c. 15, s. 26. for 1872, to Value of ex- justice done in different places declared valid. Unforeseen cases. Application of this act to the Circuit Court and 27. The offices of the several officers of justice, which have been held in various buildings since the date of the said fire, are hereby declared to have been legally held and kept in such buildings, and all acts and duties performed therein were and are as valid as if done and performed in the court house for the said district. 37 V., & 15, s. 27. 28. In all cases unforeseen by and not provided for in this act, the judge, upon summary petition by any party interested and upon satisfactory proof, may make such order and grant such relief, as he may deem advisable and the nature of the case requires. 37 V., c. 15, s. 28. 29. The foregoing provisions, in so far as applicable, shall extend to and govern all cases pending before the Circuit Court or the magistrate's court in and for the County of Mississquoi, on the twenty-fourth day 1 of May, eighteen hundred and seventy-three, or in which judgment the magishad, at and before that time, been rendered in either of the said trate's court courts, and in which the records have been destroyed by fire in whole in the county or in part. 37 V., c. 15, s. 30. of Missisquoi. CHAPTER TENTH. JUDICIAL STATISTICS. SECTION I. RETURNS. 2775. Each year in the month of January, there shall be Returns to be made, for the year ended on the last day of December of the made yearly preceding year: by; 1. By each clerk of commissioners' courts for the summary Clerks of trial of small causes, a statement or return, showing: The total number of writs of summons issued; commissioners' courts. The number of cases returned into court; The number of judgments rendered; The number of executions issued, and the number of opposi tions filed. (Form No. 1.) C. S. L. C., c. 111, s. 1 § 1. 2. By each clerk of the Circuit Court, a statement or return, Clerks of showing: The number of writs issued, distinguishing, for all the courts held other than at the chefs-lieux of each district, the appealable and non-appealable cases, and showing how many of the latter were for sums of twenty-five dollars or under, and how many for sums above that amount; The number of writs returned into court, distinguishing, for all the courts held other than at the chefs-lieux of each district, the appealable from non-appealable cases; The number of actions in which default was made, distinguishing, for all the courts held other than at the chefs-lieux of each district, the appealable from non-appealable cases; The number of judgments given in default cases, distinguishing, for all the courts held other than at the chefs-lieux of each district, the appealable from non-appealable cases, and showing the number given in each class by the court and by the clerk; The number of contested cases and the number in which judgment has been given; The number of writs of execution issued, distinguishing between those de bonis and de terris; of: The number of oppositions filed, distinguishing the number Oppositions afin d'annuler, Afin de distraire, Circuit Prothonota ries of the Superior Court. Clerk of And the number of each maintained, dismissed or undisposed of; The number of writs of saisie-arrêt before judgment; The number of writs of saisie-gagerie; and The number of applications for writs of certiorari. (Form 2.) C. S. L. C., c. 111, s. 1 § 2; 49-50 V., c. 18, s. 1. 3. By each prothonotary or clerk of the Superior Court, a return, showing: The number of writs of summons issued, distinguishing those for sums between one hundred dollars and two hundred dollars, between two hundred dollars and three hundred dollars, between three hundred dollars and four hundred dollars, between four hundred dollars and two thousand dollars, and those over two thousand dollars; The number of writs returned into court, with the above distinction; The number of default cases, with the above distinction; The number of judgments given in default cases, with the above distinction, showing the number given by the court and by the clerk; The number of contested cases, and the number in which judgment has been given; The number of writs of execution, distinguishing between those de bonis and de terris; The number of oppositions filed, distinguishing the number of: Oppositions afin d'annuler, Afin de distraire, Afin de conserver; The number of each maintained, dismissed or undisposed of; The number of writs of saisie-gagerie; The number of applications for writs of certiorari, mandamus, quo warranto, prohibition, and injunction, distinguishing the number of each granted and refused; The number of suits under the law respecting lessors and lessees; The number of applications for confirmation of title; 18. s. 1. 4. By the clerk of appeals, a return, showing: The total number of appeals in civil matters to the Court of Queen's Bench; The number of cases in which judgment has been rendered, distinguishing the number in which the judgments appealed from have been confirmed or reversed; The number of cases en délibéré ; The number of cases remaining unheard; Also, the number of reserved cases in criminal matters submitted to that court; The number of those cases in which judgment has been rendered, distinguishing the number in which the judgments appealed from have been reversed, amended or confirmed; The number of cases en délibéré and the number of cases remaining unheard; Also, a statement, showing the number of each of the above classes of cases, and the same information with reference to each before the above court, sitting at Quebec and Montreal, respectively, and exhibiting the localities with the name of the court from which such appeals in civil matters, and the reserved cases in criminal matters, were sent, giving, with respect to cases from each court, all the information as above required with reference to the total number of cases. (Form No. 4.) C. S. L. C., c. 111, s. 1 § 4. 5. By the sheriff of each district, a return, showing : The number of writs of execution received by him, distinguishing the number against personal from those against real property, and the number in which sales took place; The value of the property sold by him under writs of execution, distinguishing the real from personal property; The number of prisoners in gaol during the year, with their ages and qualities; The offence and the number of times each prisoner has been in gaol. (Forms Nos. 5. and 6), C. S. L. C., c. 111, s. 1 § 5. Sheriffs sessions, and recorders. 6. By each judge of the sessions of the peace, and by each Judges of the recorder, a return of all prosecutions before them, showing: The number of plaints made; The number of each offence; The number of convictions, commitments and discharges, and, in cases of summary convictions, the punishments awarded, showing the number of sentences in each case. (Form No. 7,) C. S. L. C., c. 111. s. 1 § 7; 25 V., c. 14, s. 1. 7. By the registrar of each county or registration division, a Registrars. return, showing: The number of documents registered in his office, distinguishing separately the number of hypothecs or mortgages, marriage contracts, changes of properties and other documents; the amount of fees which he has received for searches made in his office, also the amount of duty which he received under the law respecting stamps. (Form No. 8.) C. S. L. C., c. 111, s. 1 § 8; 31 V., c. 2, s. 6 § 4. 8. By each justice of the peace, a return of prosecutions for Justices of offences of a public nature, or for the recovery of penalties for the peace. such offences, instituted before him, showing: The number of plaints; The number of judgments rendered; The amount of penalties imposed. (Form No. 9.) C. S. L. C., c. 111, s. 1 § 9. alter the SECTION II. FORMS OF RETURNS, ETC. 2776. The Lieutenant-Governor may, by order in council, LieutenantGovernor in diminish or increase the amount of statistical information to Council may be required from any of the officers mentioned in this chapter, amount of in- and may alter the forms accordingly; and he may, also, by formation re- order in council, require any other public officer to make annually or periodically any return to be prescribed by such order in council. C. S. L. C., c. 111, s. 2. quired in such returns. Provincial 2777. The Provincial Secretary shall provide printed Secretary to forms suitable for the returns required, and shall furnish two provide printed forms. copies thereof to each of the officers by whom they are to be made, at least fifteen days before the first day of the month of January of every year. C. S. L. C., c. 111, s. 3. Returns to in ture of office. 2778. Each of the officers making a return as above clude receipts required from them, shall include therein a statement of the and expendi- receipts and expenditure of his office, and such return shall be according to the form annexed to the present chapter, or so altered as to contain any change made in the returns required from him; and every such return shall be dated at the place where it is made, signed by the officer making the same, and be certified by him under oath. C. S. L. C., c. 111, S. 4. Transmission of returns. 2779. The said returns shall be forwarded to the Provincial Secretary by the officers making them; and any officer hereby required to make such returns, who fails to make the same within the time hereinbefore appointed, shall be liable to a Penalty for penalty of not less than ten, or more than fifty dollars, which shall be recoverable before any court of competent jurisdiction. on the complaint of the Provincial Secretary, or of any other person. C. S. L. C., c. 111, s. 5. default. Publication 2780. The Provincial Secretary shall publish abstracts of of abstracts all such returns once in the Quebec Official Gazette, in the from returns. month of February of each year. C. S. L. C., c. 111, s. 7. |