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that the Judgment aforesaid should be annulled, and an entry made on the record, that the said A. B. ought not, in the judgment of the said Justices, to have been convicted of the felony aforesaid ; and you are therefore hereby required forthwith to discharge the said A. B. from your custody.
case may be.) To the Sheriff of
the Gaoler of
, as the
, and , and
[ 2d August, 1851. ] PE it enacted by the Queen's Most Excellent Majesty, by and with the advice and
Allowance to Petit D consent of the Legislative Council and of the Legislative Assembly of the Province Jurors attending cerof Canada, constituted and assembled by virtue of and under the authority of an Act tain Courts. passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That every Petit Juryman actually attending any of the Courts of Assize and Nisi Prius, Oyer and Terminer, General Gaol Delivery, General Quarter Sessions of the Peace, or County Courts in Upper Canada, shall be entitled to receive and be paid, in the manner hereinafter provided, the sum of Five Shillings per day, for every day he shall attend such Court, and the sum of Six Pence per mile for every mile he shall necessarily travel from his place of residence to the said Court, or such other sums as any County Council shall by By-law from time to time fix and determine, and that the distance shall be ascertained by the declaration of the Sheriff's Bailiff summoning such Juror, or by the declaration of the Juror himself: Provided always, that any false declaration
Proviso: false declarespecting the distance of such party's residence, shall forfeit the right of every Juror ration to forfeit allowmaking such false declaration to receive any payment for travelling or attending such
Sheriff to make a Pay for the Petit Jurors summoned to attend the said Courts, in the form set forth in the list for Petit Jururs. Schedule to this Act, and to attend or cause some Officer to attend at the opening of the said Courts, on the morning of every day such Court shall sit for the trial of causes by Jury, and upon the Jurors being called over, shall check and mark the word “ present,” or “ absent," as the case may be, in the proper column of such list opposite the name of every Juror, and on the last day of the sitting of such Court shall certify And to transmit It to and return to the Treasurer of the County the said pay list.
Treasurer, III. And be it enacted, That the said pay list, checked and certified as aforesaid, Treasurer to pay the shall be a sufficient authority for the Treasurer to pay to each Juror the sum to which Jurors, he shall appear entitled, as certified by such list, and it shall be the duty of the Treasurer forthwith to pay every Juror the sum so appearing due to him on such list. IV. And be it enacted, That every Sheriff shall be entitled to receive from the
Allowances to Treasurer of the County of which he is Sheriff such sum for each pay list, and such Sheriffs. sum per diem for checking the same every day at the opening of the Court, and for certifying and returning the same to the Treasurer as the County Council by By-law shall determine ; Provided always, that the County Court and General Quarter Proviso. 234 *
record wben entered
noid with avany noon
Sessions shall be one Court for the purposes of this Act, and the duty of calling over
whether County Court or Quarter Sessions which shall first be opened. List of Jurors to be V. And be it enacted, That it shall be the duty of the Marshal or Clerk of Assize, called over daily,
the Clerk of the County Court or Clerk of the Peace, as the case may be, at the when Court opens,
opening of the Court, and before any other business is proceeded with, to call over the names of the Petty Jurors, that the Sheriff or his Officer may check who are present
or absent. Jurors not attending VI. And be it enacted, That every Juror not appearing when so called shall not be to be fined.
entitled to any pay for the day on which he makes default in appearing at the opening of the Court, and shall, for every default he shall make during the day, be liable to
such a fine as to the Court shall seem meet. Sums to be paid with VII. And be it enacted, That to the Clerk of Assize for every County there shall be
paid, with every record entered for trial or assessment, the sum of Fifteen Shillings, for trial.
and to the Clerks of the several County Courts the sum of Seven Shillings and Six
Pence, which sums shall forthwith be paid over to the Treasurer, and shall form part Proviso.
of the fund from which Jurors shall be paid as hereinbefore provided : Provided always, that no Record shall be entered for trial or assessment unless the sums before mentioned
are paid. The like in criminal VIII. And be it enacted, That in all criminal cases in which by law the party cases, where either
prosecuting or the party prosecuted shall be liable to pay the costs of the prosecution, party is liable to pay
it shall be the duty of the Officer of the Court, to charge against and receive from the party so liable the sum of Fifteen Shillings, over and above that to which by law he was heretofore liable, which sum shall form part of the fund for the payment of Jurors, and shall forthwith be paid over by the Officer receiving it to the Treasurer of the
County in which the prosecution is carried on. Certain fines to go . IX. And be it enacted, That all fines and penalties imposed upon and levied in the towards payment of Jurors.
several Counties in Upper Canada, not payable to the Receiver General, and all fines upon Jurors for non-attendance levied in such County, shall henceforth be paid to the Treasurers of each of the said Counties respectively, and shall form part of the fund
for the payment of Jurors under this Act. County Councils to X. And be it enacted, That the several County Councils in Upper Canada are provide funds for pay. ing Jurors.
hereby authorized to raise and appropriate such sum or sums of money as in their judgment shall be sufficient to pay the Jurors according to the terms of this Act, in case
the sums appropriated by this Act shall not be sufficient to pay the said Jurors. County Councils may XI. And be it enacted, That the several County Councils are hereby authorized by provide for payment. By-law, in their discretion, to provide for the payment to Grand Jurors, either at the of Grand Jurors,
Courts of Oyer and Terminer and General Gaol Delivery, or at the General Quarter
Sessions, out of the County funds, such sum per diem as they shall deem reasonable. Act not to apply to,
XII. And be it enacted, That the foregoing clauses of this Act shall not be in force Counties not provide
in or apply to any County in Upper Canada until the County Council of such County, ing such fund.
desirous of availing themselves of the provisions of this Act, shall appropriate such a sum of money as will in their judgment, with the moneys applicable under this Act, form a fund sufficient to pay Jurors under the provisions hereinbefore contained, or in which the County Council shall not appropriate a sum of money for payment of any deficiency
that may occur in the Jury fund of such County. County Treasurer to XIII. And be it enacted, That in every County or Union of Counties in which a
Jury fund shall be provided, the Treasurer of such County or Union of Counties shall fund are provided, &c. Jus
give notice to the Sheriff of such County, who shall thereupon perform the duties
imposed upon him under this Act. Court may order re XIV. And to prevent unnecessary delay and expense, Be it enacted, That every cords to be entered, &c, on first day of
Court or Judge sitting for the trial of causes by Jury, may, in the discretion of such sitting
Court or Judge, peremptorily order the records to be entered, and the business of the Court to be proceeded with, on the first day of the sitting of the Court; any usage to the contrary notwithstanding.
SCHEDULE TO THIS ACT.
Par List for Petit Jurors who have attended “the Assize” or “County Court and Quarter Sessions” (as the case may be), held for the County of
begun on the
and ended on the 185
Amount to be paid to
Juror's signature acknowledging receipt of
present. present.present present. absent present present present.
Check of Attendance.
Names of Jarons.
Number of miles tra
velled in coming to Court.
do hereby certify to the Treasurer of the said County, that
A. B., Sheriff.
CAP. XV. i
[ 2d August, 1851. ). Preamble,
W H EREAS it is necessary to alter the periods at which the Court of Assize and
Nisi Prius, Oyer and Terminer and General Gaol Delivery shall be held in the County of York : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and
Lower Canada, and for the Government of Canada, and it is hereby enacted by the Periods fixed by 12 v. authority of the same, That so much of the twenty-first Section of the Act passed in c. 36, s. 21, for hold. ing certain Courts
the twelfth year of Her Majesty's Reign, and intituled, An Act to make further provision for the Administration of Justice, by the establishment of an additional Superior Court of Common Law and also a Court of Error and Appeal, in Upper Canada, and for other purposes, as fixes the periods at which the Courts first above mentioned shall be held, shall be and is hereby repealed; and that hereafter, the said Courts of Assize and Nisi Prius, Oyer and Terminer and General Gaol Delivery, in and for the said County of York, shall open and be holden on the first Thursday in January, the first Monday in May, and the second Monday in October in each and every year.
Lower Canada are granted, and to dispense with certain formalities therewith
: [ 2d August, 1851. ] Preamble.
THEREAS it is expedient that purchasers and others acquiring tracts of the public
y lands in Lower Canada should meet with as little delay as possible in obtaining the Letters Patent of the Crown therefor: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces
of Upper and Lower Canada, and for the Government of Canada, and it is hereby Original Patent to be enacted by the authority of the same, That from and after the passing hereof, all Letters delivered to the Grantee, &c.
Patent of the Crown whereby any grant or grants of the waste or other public lands in Lower Canada shall be made, shall be delivered to the person or persons thereto entitled, a copy thereof only being previously recorded in a register to be kept for the purpose by the Registrar of the Province or his Deputy, without any other entry of the enrolment required by the third section of an Act passed by the Legislature of Lower Canada in
the thirty-sixth year of the Reign of His Majesty King George the Third, intituled, An L. C. 36 G. 3, c. 3. Act for the safe custody and registering of all Letters Patent whereby any grant of the
waste or other lands of the Crown lying within this Province shali hereafter be made,
such enrolment, as thereby required, being hereby dispensed with. Registration and deli- II. And be it enacted, That it shall be the duty of the Provincial Secretary to deliver very to Grantee to be
or cause to be delivered all such Letters Patent as aforesaid, forthwith, or as soon as effected with the least possible delay. conveniently may be, to the Registrar of the Province or his Deputy, for the enregistration
of the same as hereinabove provided, and which it shall be the duty of such Registrar, or of his Deputy, to do or cause to be done with the least possible delay, endorsing and signing, as by law provided, a certificate of such enregistration on the Letters Patent, and transmit the same to the Commissioner of Crown Lands, to be by him forwarded to the proper person.
III. And be it enacted, That all copies of the registries or entry made at full length Certified copies of of any such Letters Patent in the register hereby required to be kept for the purpose, Registers to be evid
ence of the Letters duly certified under the hand and signature of the Registrar or of his Deputy to be such, Palent. shall be allowed and taken as authentic proof in all courts of law in this Province, and to be good and sufficient evidence of such Letters Patent so registered, and of the contents thereof, and shall be of the same force and effect to all legal intents and purposes, as if the said Letters Patent were in such case produced and filed in Court.
IV. And be it enacted, That the custody and safe keeping of all Letters Patent, Custo whereby any public lands of the Crown in Lower Canada heretofore have been granted, Patent heretofore
granted, transferred shall from and after the passing of this Act be transferred from the office of the from the P. Secretary Secretary of the Province, or other functionary in whose keeping the same at present to the P. Registrar. are, to the office of the Registrar of the Province, and that all copies of such Letters Patent, or of the record of such Letters Patent, duly certified under the signature of the said Registrar or of his Deputy to be such, shall be allowed and taken as authentic proof in all courts of law in this Province, and to be good and sufficient evidence of such Letters Patent, or record thereof, as the case Aay be, and of the contents thereof, as fully to all intents and purposes as if the said Letters Patent, whereof they are certified copies, were produced and filed in Court.
V. And be it enacted, That so much of the aforesaid Act, passed in the thirty-sixth inconsistent portions year of the Reign of His Majesty King George the Third, intituled, An Act for the safe of 36 G, 3, c. 3. custody and registering of all Letters Patent, whereby any grant of any of the waste or other lands of the Crown lying within this Province shall hereafter be made, as is repugnant and contrary to the provisions of the present Act, shall be and the same is hereby repealed. VI. And be it enacted, That in all cases where any error as to the name of any
How errors in any intended grantee or purchaser of any public land in Lower Canada, or with respect to existing Letters
Patent may be corthe number, designation or description of the lot of land purchased or intended to be rected. granted or conveyed, or any other essential error shall be discovered in any Letters Patent whereby any such land is intended to be granted or conveyed by the Crown to any grantee or purchaser, it shall be lawful for the Governor in Council, on a representation to him made by or on behalf of the person interested, to direct the defective Letters Patent to be cancelled, and to issue in their stead new Letters Patent; which new Letters Patent shall supersede, take the place and be in the stead of the former, and be as effectual to all legal intents and purposes thenceforward for ever, as it was intended the former should have been and would be, had not such error or errors occurred therein.
An Act to amend the Act substituting Salaries for Fees, in certain cases, in Lower
[ 2d August, 1851. ]
thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act Act 13 & 14 Vict, c: to assign fixed Annual Salaries to certain Officers of justice in Lower Canada, and to 37, cited. form a special fund out of the salaries, fees, emoluments and pecuniary profits attached to their offices, so as to form one fund out of the emoluments of certain offices when held by the same person : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That whenever the office of Prothonotary or Clerk of the Superior Court Fees, &c. of certain
Divonis offices to form one and that of Clerk of the Circuit Court, shall at Quebec, Montreal, Three-Rivers or
fund when such Sherbrooke,