another, but ed by Court of Q. B. Judge not to application before him, unless any new facts are stated, or before be granted by any other Judge, but application may, in any such case, be made may be grant anew to the Court of Queen's Bench, which is hereby authorized to entertain, hear, and determine such application, at its next sitting in appeal either in Quebec or Montreal, according as cases in appeal from the District, in which the applicant is confined, are under the seventeenth section of The Lower Canada Judicature Act of 1857, to be heard and determined at either of those Cities, and any order made by the Court of Queen's Bench, on any such application, and all proceedings had out of the District, either before or after such application or order, shall be as good and valid as if made or had within the limits of the District in which the applicant is confined: Provision son confined is beyond the limits of the district where the order is made. 2. And whenever the issuing of a Writ of Habeas Corpus is when the per- ordered in favor of a person confined beyond the limits of the District in which such order is made, it shall be competent for the Judge or for the Court of Queen's Bench to direct that such person be brought before a Justice of the Peace in the District in which such person is confined, and to order such Justice of the Peace to admit to bail the person so confined, himself and two sureties in such respective sums as shall be specified in such order, in which there shall be stated the terms and conditions to be inserted in the recognizance to be entered into, by the party accused and his sureties, and the Court, place and time, before and at which the party accused is to appear to answer the charge brought against him; and upon such recognizance being entered into, to the satisfaction of such Justice of the Peace, he shall order the party accused to be released from custody, if detained for no other cause; and in any case in which the applicant is to be discharged without bail, the order to the Justice of the Peace shall require him to discharge such, applicant from confinement. oond set of Sheriff not to 28. Notwithstanding the provisions of the fourth paragraph of summon a se- the third section of "An Act to amend the Act intituled: 'An Act to Petit Jurors regulate the summoning of Jurors in Lower Canada,'" (14 and in Quebec and 15 Vict., Cap. 89,) the Sheriff, in the Districts of Quebec and Montreal, un- Montreal, shall, before summoning petit jurors for the Courts less specially of criminal jurisdiction therein, enquire of the Clerk of the required. First set may serve to the Crown or of the Clerk of the Peace, as the case may be, whe- that 29. If the persons summoned as petit jurors to appear on the first day of the Session of the Court of Queen's Bench, or of the Court Court of Quarter Sessions of the Peace, in the district of Quebec end of the or Montreal, be required by reason of the absence of a second Term. set of petit jurors, to serve beyond the number of days prescribed for their attendance by the fourth paragraph of the third section of the Act last above cited, they shall continue to serve as petit jurors, to all intents and purposes and with all legal effect, so long as the Court shall deem their services necessary. moned unless necessary. to 30. In all the districts, except those of Quebec and Montreal, In other Disthe Sheriff, before summoning persons to serve as grand or tricts Jurors petit jurors before the Court of Queen's Bench, or Court of not to be sumGeneral Sessions of the Peace, or any Court of criminal juris- the cases to be diction therein, shall enquire of the Clerk of the Crown or the tried make it Clerk of the Peace, as the case may be, whether there be any cases to be investigated or tried at the next session thereof, and he shall not summon any persons to serve as grand or petit jurors before any such Court, until he be notified by the Clerk of the Crown or the Clerk of the Peace, as the case may be, that such jurors are required; but every such Court shall Court to meet, nevertheless meet at the times fixed by law, and in case no and Jurors grand or petit jurors shall have been summoned, and that the be summoned if required. services of grand or petit jurors may appear to the Court to be necessary for the investigation or trial of any case that may come before such Court, the Court may direct the Sheriff to summon the usual number of persons to serve as grand or petit jurors before that Court on any day to which the Court shall be adjourned, and all proceedings had at and before such adjourned Court, shall be as valid as if they had taken place at or before such Court at the ordinary time of holding it, and any Judge or persons holding such adjourned Court shall adjourn the same from day to day, so long as there is any business before it; but the above provision shall in no way prevent the Court from proceeding, in the absence of grand or petit Jurors, for the despatch of such business as may not require the intervention of either of them. 31. Whenever any Court is adjourned, under the provisions of Cases may be the one hundred and forty-seventh section of The Lower Ca- commenced after adjournnada Judicature Act of 1857--as amended by the sixty-sixth ment under section of An Act further to amend the Judicature Acts of sect. 117 of 20 Lower Canada, (22 Vict., (1858,) Cap. 5,) it shall be lawful for V. c. 44, such Court to take cognizance of, and proceed with any matters previously though not that shall be brought before it, whether the same were or before the were not commenced at the time of its adjournment; and any Judge or persons holding such adjourned Court shall adjourn the same from day to day, so long as there is any business before it. Court. 32. Any report of distribution prepared and filed by the Pro- Uncontested thonotary of the Superior Court, or by the Clerk of the Circuit reports of distribution may Court, or any part thereof, which has not been contested within be homolothe delay fixed by any rule of practice, may be homologated gated by the 23 VICT. Prothonotary in term or in vacation by the Prothonotary or Clerk of the or (lerk after Court, in which the case to which such report relates is the delay has expired. pending, in the same manner as such report or part of report can now be homologated by such Court, and every judgment of homologation by a Prothonotary or Clerk shall be held to be the judgment of the Court, homologating such report, and shall be recorded as a judgment and executed accordingly: If there is no opposition, or if all parties Consent. Interpretation of term 2. And should no opposition be filed within the delay prescribed by law and rules of practice, claiming the whole or any part of any moneys returned into any Court as having been levied under any writ of execution, or should any opposition or oppositions filed be discontinued by motion in term or in vacation, or should the interested parties consent in term or in vacation, to a distribution, without the formality of a Report of distribution, the Prothonotary or Clerk of the Court may order, in term or in vacation, upon motion made to that effect, payment of the moneys levied to the parties entitled thereto, and shall order any surplus to be paid over to the Defendant or party from whom the moneys were levied. 33. The term "Local Municipality" used in this Act and in the seventh paragraph of the one hundred and thirteenth section of "Local Muni- The Lower Canada Judicature Act of 1857, shall include the cipality," Corporation of any Incorporated City or Town of Lower Canada. Notarial minutes to be transmitted by the Prothonotary having cus to the Protho 34. In any case in which the Notarial Minutes, Repertories and Indexes and other Notarial documents and papers of any Notary, have been transmitted by the Board of Notaries in whose custody they were, to the Prothonotary of the Superior Court in a District not including the place where such Notary tody thereof died or resided when he ceased to practise, or practised next notary of the before he left the Province or became incapable of acting as a district where Notary, or was interdicted or removed from office, such Prodied, or ceased thonotary shall, within three months after the passing of this Act, transmit all such Notarial Minutes, Repertories and Indexes and other Notarial documents and papers of any such Notary, to the Prothonotary of the Superior Court in the District including the place where such Notary died or resided when he ceased to practise, or practised next before he left the Province or became incapable of acting as a Notary, or was interdicted or removed from office. the Notary to practise. Governor may missioners in the United Kingdom, to receive affida, 35. It shall be lawful for the Governor from time to time to appoint Com- nominate and appoint fit and proper persons resident in any part of Great Britain or Ireland as Commissioners to administer oaths and take affidavits to be used in any Court of civil jurisdiction in Lower Canada, and all affidavits taken by any such Commissioner shall be of the same value and effect, and the same credence shall be given thereto in all Courts of civil jurisdiction in Lower Canada, as is now given to affidavits taken vits to be used in L. C.. before before a Commissioner appointed by the Superior Court for Lower Canada or by any Judge thereof; Provided that no per- Proviso: quason but an Attorney or Solicitor practising in one of the Supe- lification of rior Courts of Great Britain or Ireland, and qualified by Law Commisto act as Commissioner for similar purposes in Great Britain and Ireland, shall be appointed. sioner. other docu 36. Whenever any subpoena or other process, opposition, Provision for judgment, order, rule, notice or proceedings emanating from service of subthe Superior or the Circuit Court, or from any Judge, or poenas and incident to any suit or action brought against any person ments in Upresiding in Upper Canada, under the provisions of the fifty- per Canada. eighth section of An Act further to amend the Judicature Acts of Lower Canada, (22 V. (1858) c. 5,) in either of the said Courts, requires to be served upon any party or person residing or being at the time in Upper Canada, it shall be lawful for any Judge of the Superior Court, or for the Prothonotary of the Superior Court or Clerk of the Circuit Court at the place where the action is brought, to sign an order to be indorsed thereon in the following words, "this (mentioning "name of document) may be served in Upper Canada, and "is to be returned into this Court within 44 days of service," and may thereby fix the period within which such process shall be returnable; and all the provisions of the said Section 58 of section shall otherwise apply to any such subpoena or other 22 V. a. 5, to process, opposition, judgment, order, rule, notice or proceedings, in the same manner as they apply to Writs of Summons issued under the authority of that section. apply. 37. Any party in the Superior Court, or in the Circuit Delay for filCourt in appealable cases, entitled to file an answer or reply, ing answer or shall be bound to file the same within the delay prescribed by reply. law, but shall be foreclosed from filing the same by the mere lapse of the delay, without being entitled to a demand of such answer or reply; and in the case of no answer or reply being filed within the delay prescribed by law, issue shall be deemed joined by the proceedings already filed. to be examined down their 38. Every witness in any contested case in the Superior Witnesses in Court, and in every contested appealable case in the Circuit contested cases Court, shall be examined in the presence of a Judge of such in presence of Court, and such Judge shall be bound to take down himself, in a Judge, who writing, notes of the material parts of the evidence given by shall take such witness, and of any objections insisted upon by any party evidence, &c. and the adjudication thereon, whenever any party to such case shall, either verbally or in writing, require him so to do ;---and a fair copy of such notes shall be made out by the Prothonotary or Clerk of the Court, and after being certified by the Judge, shall be filed of record in the cause, and shall, in case of appeal from the final judgment pronounced in any such suit or action, be transmitted to the Court of Appeals, as forming part of such record, and shall be considered for the purposes of such appeal, as Oral evidence to $25. Proviso. as forming a true record of the evidence adduced, and of all other proceedings mentioned therein. 39. Notwithstanding any provision contained in article Two admissible up of Title twenty of the Ordinance of one thousand six hundred and sixty-seventh, or in any other law, oral evidence shall be admissible in all matters in which the sum or value shall not exceed twenty-five dollars; but this provision shall not have the effect of restricting the proof by witnesses of any matters or of any fact in cases in which it is now admissible, when the sum or the value of the thing demanded' exceeds twenty-five dollars. Articulation de faits to be form and de in a certain finite. Sect. 54 of 22 tended to Writs for seizure of another dis trict. By whom to be executed, how retired, &c. 40. The statement of facts (articulation de faits) required by the provisions of the Lower Canada Judicature Act of 1857, shall be divided into distinct and separate items or articles, each of which shall be regularly numbered in succession, shall be submitted as categorically as Interrogatories sur faits et articles, and shall be in such an explicit interrogative form as to provoke an admission or denegation, and in so clear a manner as to afford an admission of the fact or facts, if the party does not answer. 41. The fifty-fourth section of An Act further to amend the Judicature Acts of Lower Canada (22 Vict., 1858, cap. 5) shall extend and apply to Writs of Execution for the seizure and sale of moveable property in a District other than that in which the moveables in Writ of Execution shall issue, and any such seizure and sale may be made by any bailiff of the Superior Court for the District in which such Writ of Execution shall issue, or by the Sheriff of such District, subject, however, to the provisions and restrictions of the above section, and every Writ so executed shall be returned into the Court at the place where the same shall have issued, according to the exigency of such Writ and to Law, and such Writ so returned shall be received, and the certificate of due service or execution shall be as authentic as if such Writ had been served or executed in the District from To apply to which it shall have issued; and the said section and the proviWrits of saisie sions of this section shall extend and apply to Writs of saisie arrêt before or after judgment, and their service and execution, whenever the parties or any of them to any such Writ reside in a district other than that in which any such Writ shall issue. arrêt. Service of pro commence 42. If any order, rule, notice or proceeding emanating from cess, &c., on the Superior or Circuit Court, or from any Judge, or incident to parties leaving LC, after the any suit or proceeding in either of the said Courts, requires to be served upon any party to any cause or instance, who has left ment of a suit. Lower Canada since the commencement of such cause or instance, or who is not domiciled in Lower Canada, the service of any such order, rule, matter or proceeding may be lawfully made upon such party at the office of the Prothonotary or of the Clerk of the Court in which such cause or instance is pending; and the return of the Bailiff stating that he has made diligent |