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Penalty

nesses not appearing.

§ 8.-Fines and Taxation of Witnesses.

2480. The court of general sessions of the peace may against wit- punish by fine or imprisonment, any person who, after being duly summoned to appear and give evidence before such court, refuses or neglects to comply with the order of the court in that behalf, or any person who disobeys, refuses or neglects to comply with any order or judgment legally pronounced by any such court.

Fine or im

prisonment limited.

Judges and chairmen

only to tax

2. No such fine shall, in any case, exceed the sum of eighty dollars, and no imprisonment, two months. C. S. L. C., c. 97, s. 14.

2481. The judges of the Superior Court, or of the Court of Queen's Bench, and the chairmen of the general sessions of Crown wit- the peace, shall alone have the power of taxing the accounts of witnesses attending at the courts aforesaid, and who are to be paid by the Crown, and of swearing such witnesses to the correctness of their accounts. C. S. L. C., c. 97, s. 15.

nesses.

Court may

condemn losing party to pay costs.

Service of process beyond the district.

How to be held.

Proviso.

§ 9. Costs in Appeal.

2482. Any court of general sessions of the peace, in pronouncing judgment upon any appeal from any inferior tribunal, may condemn the losing party to pay the costs of such ap peal; which costs may be levied by warrant of distress out of the goods and chattels of such party. C. S. L. C., c. 97, s. 17.

§ 10.-Service of Process.

2483. Every summons, warrant or process, issued out of any such court of general sessions, may be served or executed in any part of this Province. C. S. L. C., c. 97, s. 18.

§ 11.-Weekly sessions of the Court at Quebec, Montreal and Three Rivers, and special sessions of the peace.

2484. Two justices of the peace shall sit weekly in rotation, in the cities of Quebec, Montreal and Three Rivers, for the better regulation of the police, and other matters and things belonging to their office, and the names of the justices who are to sit in each week, shall be posted upon the door of the court-house, by the clerk of the peace; but nothing herein contained shall be construed to prevent the holding of special sessions of the peace, for the purposes and in the manner by law allowed. C. S. L. C., c. 97, s. 19.

SECTION IV.

JUDGES OF THE SESSIONS AT QUEBEC AND MONTREAL.

§ 1.-Their Appointment and Dismissal.

2485. The Lieutenant-Governor may, by a commission Appointment under the Great Seal, appoint, during good behavior, fit and the sessions at of judges of proper persons to be judges of the sessions of the peace for Quebec and the cities of Quebec and Montreal with jurisdiction over the Montreal. whole Province, to execute the duties of justices of the peace and such other duties as are hereinafter specified, or as may be from time to time directed by the Provincial Secretary, for the more efficient administration of the police within the limits of the said cities; and the judges of the sessions of the peace are stipendiary magistrates, within the meaning of Are stipendiany act of the Imperial Parliament in force in this Province. ary magistraC. S. L. C., c. 102, ss. 1 and 3; 24 V., c. 26, s. 35; 25 V., c. 13, s. 1; 47 V., c. 9, ss. 1 and 3.

tes.

may, upon ad

point others.

2486. The Lieutenant-Governor may, upon a joint address Lieutenantfrom the Legislative Council and Legislative Assembly, re- Governor move the said judges of the sessions of the peace; and he may, dress, remove upon any vacancy in the said office, by death, removal or other- them and apwise, appoint other fit persons as such judges of the sessions of the peace, to fill such vacancies; he may appoint any person to be judge of the sessions of the peace for either of the said cities. C. S. L. C., c 102, s. 1 § 2; 25 V., c. 13, s. 1; 47 V., c. 9, ss. 1 and 2.

§ 2.-Powers and Duties of such Judges.

2487. Every person appointed judge of the sessions of the Oath to be peace for the said cities, shall, before he begins to execute the taken on appointment. duties of his office, before a judge of the Court of Queen's Bench or of the Superior Court, take the following oath, that is to say:

"I, A. B., do swear, that I will faithfully, impartially and “honestly, according to the best of my skill and knowledge, "execute all the powers and duties of a justice of the peace, "under and by virtue of sections fourth and fifth of chapter "third of title sixth of the Revised Statutes of the Province "of Quebec." C. S. L. C., c. 102, s. 2; 25 V., c. 13, s. 1.

2488. The judges of the sessions of the peace for the cities of Quebec and Montreal respectively, as well as those who replace them under article 2486, shall be, in virtue of their office, justices of the peace for the districts in which the above cities are respectively situate with jurisdiction as such over the whole Province, and shall be vested with all the powers and authority of any one or two justices of the peace, as the case may require, notwithstanding that they may not possess the pro

Their powers

and author

ity.

Powers may

by recorders.

perty qualification required by law of any other person performing the duties of justices of the peace. C. S. L. C., c. 102, ss. 1 and 3; 25 V., c. 13, s. 1; 47 V., c. 9, s. 3.

§3.-Powers of Judges of the Sessions conferred upon Recorders of Quebec and Montreal.

2489. All the powers and jurisdiction conferred upon the be exercised judges of the sessions of the peace for the cities of Quebec and Montreal, or upon two or more justices of the peace, by the provisions of the following section, shall be vested in and may be exercised by the recorders and by the recorders' courts of and for the said cities and by those who by law act in the absence, on account of sickness or otherwise, of the said recorders, or when there is no recorder, and discharge the duties of that office. C. S. L. C., c. 102, s. 20.

Appointment

by commis

SECTION V.

POLICE MAGISTRATES.

§ 1.-Appointment of such Magistrates.

2490. The Lieutenant-Governor may, from time to time, sion under the appoint, by commission under the Great Seal, fit and proper persons to be and act as police magistrates within any one or more districts of the Province, or in any judicial district. 28 V., c. 20, s. 1; 34 V., c. 6, s. 1.

Great Seal.

Property qualification or residence

§ 2. Their Qualifications, Powers and Duties.

2491. It shall not be necessary for any police magistrate so appointed to possess any property qualification or to be not required. domiciled or actually resident within any district for which he may be appointed. 28 V., c, 20, s. 2; 34 V., c. 6, s. 1.

Powers and

be exercised by them.

2492. Such police magistrates shall have and exercise all authority to the powers and authority, rights and privileges now by law appertaining to police magistrates of cities (except as regards offences against municipal by-laws and as regards other purely municipal matters) and all the powers and authority, rights and privileges appertaining to justices of the peace generally, and shall be subject in all respects, except when otherwise provided by this section, to the requirements of the law regarding police magistrates and the office of justice of the peace. 28 V., c. 20, s. 3; 34 V., c. 6, s. 1.

They shall

keep minutes of proceedings before them, &c.

2493. Every such police magistrate shall keep minutes of every proceeding had by and before him, and shall keep such accounts, make such returns and collect such information within his jurisdiction, and perform such other duties as the Lieutenant-Governor may, from time to time, prescribe and require. 28 V., c. 20, s. 4; 34 V., c. 6, s. 1.

2494. All moneys arising from penalties, forfeitures and Application fines imposed by any such police magistrate shall, (if not of money's from penaldirected by law to be otherwise appropriated) be, from time to ties, &c., imtime, paid to such police magistrate, who shall account for the posed by same, and pay over or disburse the moneys arising therefrom, at such times, in such manner and to such persons, as the Lieutenant-Governor may direct. 28 V., c. 20, s. 5; 34 V., c. 6, s. 1.

§ 3.-Appointment of Constables by Police Magistrates.

them.

may direct

2495. The Lieutenant-Governor in Council may, from time Lieutenantto time, direct and authorize any police magistrate to appoint Governor any one or more fit and proper persons to serve as police con- the appointstables under and within the jurisdiction of such police magis- ment of contrate, and such police magistrate may at his pleasure remove serve under any such police constable.

stables to

the magistrates.

Powers and

Every such police constable shall obey all the lawful directions, and be subject to the government of such police magis- duties of trate, and shall be charged with all the powers, rights and constables. responsibilities which belong by law to constables duly appointed. 28 V., c. 20, s. 6; 34 V., c. 6, s. 1.

§ 4.-Penalties of Constables for bad conduct.

on constables

2496. If any police constable, appointed under the autho- Penalties uprity of this section, be guilty of any disobedience of orders, guilty of misneglect of duty or of any misconduct as such police constable, conduct. and be convicted thereof before any police magistrate, or before any justice of the peace, he shall forfeit a sum to be fixed by such police magistrate or justice of the peace, not exceeding forty dollars including the costs. 28 V., c. 20, s. 7; 34 V., c. 6,

s. 1.

payment.

2497. In default of immediate payment thereof, he shall Imprisonment be imprisoned for any time not exceeding three months, un- in default of less such fine and costs be sooner paid; and any such person may be proceeded against by indictment for any offence committed by him as special constable, but not both by indictment and under this section for the same offence. 28 V., c. 20, s. 7; 34 V., c. 6, s. 1.

CHAPTER FOURTH.

COURTS OF MIXED JURISDICTION.

SECTION I.

DISTRICT MAGISTRATES' COURTS.

§ 1.-Constitution of the Court.

District ma2498. The Lieutenant-Governor in Council may, from time gistrates may to time, appoint, by commission under the Great Seal, one or be appointed. more district magistrates in one or more districts in this Province, who shall be advocates of at least five years' standing, and shall, upon their appointment, cease practising.

Establish

ment of magistrates'

courts.

Name of court

one in a

county.

The district magistrate for the county of Saguenay need not, however, be an advocate. 32 V., c. 23, ss. 1 and 25.

2499. The Lieutenant-Governor in Council, whenever he thinks proper, may, by proclamation, establish, in and for any county, city or town in this Province, one or more magistrates' courts, to be designated according to the respective counties, cities or towns wherein the same may be established as "the Magistrate's Court for the county of, or the city of, or the town of, (as the case may be, naming the county, city or town)."

2. Where more than one such court is established for a if more than county, then each, after the first, shall be further designated by the name of the place, village, city or town, where the same may, by proclamation or order of the Lieutenant Governor in Council, be established as "the Magistrate's Court for the county of (naming the county), at (naming the village, town, city or place)."

Courts continued.

Number not to be increased.

Court for the county of

Saguenay and additional

Couris.

Where addi

3. All magistrates' courts established, however, before the 28th January, 1874, continue to exist.

4. The number of district magistrates shall not, at any time, exceed the number in office on the said 28th of January, 1874, except it be necessary to appoint one for the Magdalen Islands. 37 V., c. 8, s. 1.

2500. The Lieutenant-Governor in Council may establish in the county of Saguenay a magistrate's court, but the territorial jurisdiction of which shall not extend further eastward than the Jeremy Islands exclusively, and may establish as many additional magistrates' courts as he may deem necessary. 32 V., c. 23, s. 23.

2501. Such additional courts shall be held at such places tional courts and shall have jurisdiction within such territorial limits as the shall be held. Lieutenant-Governor in Council shall determine. 32 V., c.

23, s. 24.

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