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A copy of the record of a

case

to the Privy Council, is equivalent to

Civil Procedure, in exparte actions, wherein services of the original writ of summons has been made upon the defendant in person.

22. In all cases in which there has been an appeal to Her case appealed Majesty in her Privy Council, a 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 the original 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.

destroyed.

Copy of record alrea

dy delivered

for appeal to

the Privy

Council shall avail.

Proviso.

Bill of costs, how made of record lost.

The sheriff shall make a new return to any writ of execution.

A copy of any register of baptisms, marriages and deaths

for 1872, shall be deposited on demand.

Value of extracts from

such copy.

Acts of offi

23. In all cases in which at any time before the said first day of February, one thousand eight hundred and seventythree, 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 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.

24. Whenever, on account of the destruction of the record, a bill of costs conformable 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.

25. It shall be the duty of any sheriff, when thereunto required by any order of a judge, 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.

of

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 such register, and any extract therefrom by the prothonotary shall make proof as if taken from a duplicate register, unless impugned by affidavit shewing that the original is different.

27. The offices of the several officers of justice which have cers of justice been held in various buildings since the date of the said fire, done in differ- are hereby declared to have been legally held and kept in such

buildings, and all acts and duties performed therein are as ent places valid as if done and performed in the court-house for the said declared

district.

valid.

28. In all cases unforeseen by and not provided for in this Unforeseen act, the judge, upon summary petition by any party interested cases.

and

upon

satisfactory proof, may make such order and grant relief, as he may deem advisable and the nature of the case requires.

other dis

30. The foregoing provisions, in so far as applicable, shall Application extend to and govern all cases pending before the Circuit Court of this act to or the Magistrates' Court in and for the county of Missisquoi, tricts or ciron the twenty-fourth day of May, eighteen hundred and cuits, by proseventy-three, or in which judgment had at and before that time been rendered in either of said courts, and in which the records have been destroyed by fire in whole or in part.

clamation.

tion Act shall

31. Section ten of the Quebec Interpretation Act shall not Sec. 10 of the apply to this act, in so far as respects the inconsistency of the Interpretaprovisions of the Civil Code or of the Code of Civil Procedure not apply to with those of this act.

this act.

32. This act shall come into force upon the day of the Coming into sanction thereof.

force of this act.

NOTE-The following acts, concerning Recorders' Courts in the places hereinafter mentioned being of local interest only, are ut printed in this volume, but they are mentioned here for the information of parties interested, viz:

RECORDER'S COURT, MONTREAL.

37 V., c. 51, ss. 128, 129, 130, 131, 132, 133, 134,

135, 136, 138, 140, 142, 144, 145,

146, 147, 149, 150, 151, 152, 153,

154, 155, 156, 158, 160, 161, 162.
163, 164, 165 and 166.

42-43 V., c. 53, ss. 8, 36, 37, 38, 39, 40, 41 and 42.

43-44 V., c. 61, s. 9.

48 V., c. 67, s. 12.

RECORDER'S COURT, QUEBEC.

24 V., c. 26, ss. 1 to 28 and 30, 31 and 33.

27 V., c 21, ss. 1 to 5 and 8.

29 V., c. 57, ss. 20, 23, 29, 31, 33, 36, 38, and 39..
29-30 V., c. 57, ss. 7, 8, 9, 36, 45, 50, 51, 53 to 64.
31 V., c. 33, s. 19.

33 V., c. 46, ss. 24, 25 and 29.
34 V., c. 11. The whole.
34 V., c. 35, s. 19.

36 V., c. 55, s. 3.

37 V., c. 50, s. 8.

41-42 V., c. 14, s. 2. 44-45 V., c. 15, s. 12.

45 V., c. 27. The whole.

50 V., c. 57, s. 23.

RECORDER'S COURT, HULL.

38 V., c. 77, ss. 156 to 236. 40 V., c. 27, s. 4.

42-43 V., c. 56, ss. 10, 11 and 12.

RECORDER'S COURT, HOCHELAGA. 46 V., c. 84, ss. 53 to 134.

RECORDER'S COURT, ST. HYACINTHE.

51-52 V., c. 83, ss. 155 to 198.

TITLE VII.

POLICE AND GOOD ORDER.

47 VICTORIA, CHAPTER 28. (QUEBEC.)

An act to repeal section 12 of chapter 22 of the Consolidated Statutes for Lower Canada, respecting good order in and near places of public worship.

[Assented to 10th June, 1884.]

HER
ER MAJESTY, by and with the advice and consent of the
Legislature of Quebec, enacts as follows:

1. Section 12 of chapter 22 of the Consolidated Statutes for C. S. L. C.. e. Lower Canada, respecting good order in and near places of 22. section 12, public worship, is hereby repealed.

repealed

TITLE VIII.

RELIGIOUS ASSOCIATIONS, Etc.

Preamble.

Registration of deeds in

the office of the prothonotary within

two years.

38 VICTORIA, CHAPTER 33. (QUEBEC.)

An act to amend chapter nineteen of the Consolidated Statutes for Lower Canada, respecting lands held by religious congregations.

[Assented to 23rd February, 1875.]

WHEREAS by an ordinance of the Legislature of Lower Canada, passed in the second year of Her Majesty's reign, chapter 26, and which has been since embodied in the Consolidated Statutes for Lower Canada, in chapter 19 thereof, congregations or societies of christians of any denomination whatsoever in Lower Canada, are enabled to hold land for the purposes, and under the limitations therein specified; provided certain formalities therein detailed are complied with, among which it is required that the deed of acquisition of such land, together with a description and measurement thereof, made by a sworn surveyor, be registered in the office of the prothonotary of the district where the land is situate, within a delay of two years; and whereas, in many cases, such registration has been omited, and it is expedient to provide a remedy for such omissions; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

NOTE.-Section 1 of this chapter is consolidated (arts. 3443 and 3444 R.S.Q.), but is reprinted to explain the other sections.

1. Every parish, mission, congregation or society of christians, of any denomination whatsoever, which has so acquired lands, under the authority of the ordinance hereinabove mentioned or chap. 19 of Consolidated Statutes for Lower Canada, but omitted to register the deeds of acquisition, and the description, as required by such ordinance or statute, may cause such deeds of acquisition, together with the description of the lands acquired and held under such contracts, drawn up by a sworn provincial land surveyor, to be registered in the office of the prothonotary of the Superior Court for the district within which such lands are situate, within the two years next after the passing of this act.

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