Decision as to costs. Needless costs. Taxation. Costs against petitioner. Payment of costs. Costs against respondent. Corruption by agent. § 12.-Costs. 582. All costs, charges and expenses, resulting from the presentation of an election petition and of the proceedings consequent thereon, shall be payable by the petitioner or by the adverse parties, in such manner and in such proportion as the judge or court before whom the case is pending may determine. 38 V,, c. 8, s. 123. 583. The judge or court before whom the case is pending shall disallow all costs, charges and expenses which, in their opinion, have been caused by vexatious conduct, or unfounded allegations or objections, on the part of either the petitioner or respondent, and with the view of discouraging any needless expense, shall throw the burden of paying the same on the parties by whom it was caused, whatever be the result of the contestation. 38 V., c. 8, s. 124. 584. The costs shall be taxed, in the manner ordinarily observed in civil actions, by the judge or any of the judges of the district in which is the record. 38 V., c. 8, s. 125. 585. In the event of costs being awarded against the petitioner, a statement of costs due to his witnesses and to each party, with a certificate of taxation, shall, within the thirty days after the rendering of the decision, be produced in the office of the prothonotary in which is the record. At the expiration of such delay, if the amount of costs so established do not exceed the deposit, the petitioner may withdraw the residue. 38 V., c. 8, s. 126. 586. Such persons, at the expiration of such delay of thirty days, shall be entitled to receive, from the Provincial Treasurer, out of the amount deposited as security, the sum taxed in their favor, if the total amount of the various certificates do not exceed the amount of the deposit. If the amount exceed that of the deposit, each such person shall receive only his proportion thereof; and he may afterwards cause to be issued a writ of execution against the property of the petitioner, for the balance of his costs, in the manner ordinarily followed in civil actions. 38 V., c. 8, s. 127. 587. If the respondent be condemned in costs, such costs shall be taxed and may, at the expiration of thirty days from the rendering of the judgment, be levied by writ of execution, in the manner usually pursued in civil actions. 38 V., c. 8, s. 128. 588. If the election be set aside on account of any corrupt practice on the part of one or more agents, without the knowledge and consent of the candidate, such agents may be condemned, jointly and severally with the respondent, to pay, in whole or in part, the costs awarded to the petitioner. 39 V., e. 14, s. 3. 589. The judge or court shall order that such agents be Summons of summoned to appear to be heard, within a fixed delay. agents. default. If they do not appear, they shall, on the proof already taken, Judgment by be condemned to pay the costs, in whole or in part, as shall be deemed just. If they appear, the judge or court, after having heard the Judgment parties and the proof adduced, shall render such judgment as after cause law and justice require. 39 V., c. 14, s. 3. shown. 590. The petitioner may execute the judgment for the costs Execution against any agents so condemned, in the same manner as against the respondent. 39 V., c. 14, s. 3. against 591. The agent, so condemned, may be imprisoned for any Imprisonterm not exceeding two months, in default of payment of the ment. amount of the judgment. 39 V., c. 14, s. 3. 1. That I have, in my possession or in my power, the documents referring to the matters in question, mentioned in the first and second parts of the first schedule hereunto annexed. 2. I object to the production of the said documents referred to, in the second part of the said first schedule. 3. (Mention the motive of the objection, and verify the facts as far as possible.) 4. I had, but have no longer in my possession or in my power, the documents referring to the matters in question mentioned in the second schedule hereunto annexed. 5. The documents last mentioned were in my possession or power for the last time, the (say when.) 6. (State what has become of the documents last mentioned, to whom they were delivered, or in whose possession they now are.) 7. To the best of my knowledge, remembrance, information and belief, I have not now, nor ever had, in my own possession, custody or power, or in the possession, custody or power of my agents or attorneys, agent or attorney, or in the possession, custody or power of any one, in my name and for myself, any deed, account, account book or report, voucher, receipt, letter, memorandum, paper or writing, or any copy or extract of any document of that character, or document whatever referring to the matters in question, or to any one of them, or in which any entry is made relating to which matters, or any of them, other than the documents mentioned in the first and second schedules hereunto annexed. Sworn, &c. (Annex the schedules mentioning the documents in question.) 38 V., c. 8, Appendix. TITLE III. EXECUTIVE POWER. CHAPTER FIRST. EXECUTIVE COUNCIL. 592. The Executive Council of the Province of Quebec is Composition composed of such persons as the Lieutenant-Governor deems of Executive expedient to appoint. 45 V., c. 2, s. 1. Council. their titles. 593. The Lieutenant-Governor may appoint, under the Members of Great Seal of the Province, from among the members of the Council and Executive Council, the following functionaries, who remain in office during pleasure, that is to say: 1. A President of the Executive Council; 2. An Attorney-General; 3. A Provincial Secretary; 4. A Provincial Treasurer; 5. A Commissioner of Crown Lands; 6. A Commissioner of Agriculture and Colonization; 7. A Commissioner of Public Works. 50 V., c. 7, s. 1; 51 52 V., c. 8, s. 1. 594. Of these officers, the person holding the recognized Their salary. position of First Minister receives an annual salary of five thousand dollars, and the others receive an annual salary of four thousand dollars each, without prejudice to their allowance as legislative councillor or member of the Legislative Assembly. 45 V., c. 2, s. 3; 51-52 V., c. 8, s. 1. 595. The powers, duties and functions of the officers form- Their powers, ing part of the Executive Council may, by order in council, &c., may be be, in whole or in part, conferred for a limited term or other- other memwise upon any other of these officers. 45 V., c. 2, s. 4; 51-52 bers of the V., c. 8, s. 2. Council. CHAPTER SECOND. INQUIRIES CONCERNING PUBLIC MATTERS. 596. Whenever the Lieutenant-Governor in Council deems Power of it expedient to cause inquiry to be made into and concerning commissioners appointed any matter connected with the good government of the Pro- to make in quiries con lic matters. vince, the conduct of any part of the public business, or the cerning pub- administration of justice, and such inquiry is not regulated by any special statute, he may, by a commission issued to that effect, confer, upon the commissioners by whom such inquiry is to be conducted, the power of summoning before them any witnesses and of requiring them to give evidence on oath, orally or in writing, and to produce such documents and things as such commisioners deem requisite to the full investigation of the matters into which they are appointed to examine. 32 V., c. 8, s. 1. Power of the treasury board and others, in cases of inquiries instituted by them. Powers may on other boards, &c. 597. The treasury board and the commissioners named by it, the provincial auditor, the board of inspectors of prisons, hospitals and other institutions and each of such inspectors, the civil service board and the commissioners appointed by it, the council of public instruction and each of the committees thereof and the commissioners appointed by them, the superintendent of public instruction, the secretaries of the department of public instruction, and school inspectors, have, by law, the power mentioned in the foregoing article; The Lieutenant-Governor may, by order in council, whenbe conferred ever he deems it advisable in the interest of the public service, confer the same power upon any other board, body or person who demands the same, for the purpose of any inquiry to be made by such board, body or person. 31 V., c. 8, s. 16; 31 V., c. 9, s. 42; 32 V., c. 8, s. 2; 40 V., c. 22, s. 7; 41 V., c. 6, s. 8; 46 V., c. 4, ss. 11 and 19. Power to compel at tendance of 598. The power thus conferred by law, or by the Lieutenant-Governor in virtue of either of the preceding articles, witnesses, &c. carries with it the same power to enforce the attendance of witnesses and to compel them to give evidence as is vested in any court of law in civil cases; but no witness is compelled to answer any question, when his answer might render him liable to a crimininal prosecution. 32 V., c. 8, s. 3. Proviso. CHAPTER THIRD. PUBLIC OFFICERS. SECTION I. Appointment of public officers. APPOINTMENT AND REMOVAL OF PUBLIC OFFICERS. 599. Unless otherwise specially provided, every public officer or employee is appointed by the Lieutenant-Governor in Council, by commission or otherwise, and remains in office during pleasure. 31 V., c. 8, s. 17. |