circuit court, and the said petition shall be presented to the circuit court (in term) on the first juridical day of the said court immediately following the expiration of the twenty juridical days after the judgment has been rendered; 7. The appellant shall file with his petition a certified copy Papers to be of the security given by him, and also the notice of appeal, to- filed by appelgether with the return of a bailiff, setting forth the necessary services, and thereupon the appeal shall be heard and decided in a summary manner; lant. Court below. 8. After a copy of the security bond, so given, has been served Transmission upon the judge, or one of the judges, or upon the clerk of record from to the judge or judges, or of the court, who rendered or pronounced the judgment or conviction, the said judge or judges, before the day fixed for the presenting of the petition in appeal, shall transmit the record to the clerk of the circuit court, with a certificate, signed and sealed, certifying that the documents transmitted are all the papers, documents and evidence relating to the cause; The above service must be made within fifteen days after the day on which the judgment was rendered; grounds for set 9. In any such appeal, no new evidence shall be adduced, Variance or inand no judgment shall be set aside by reason of any trifling formality not variance or informality, but only when any real injustice has ting aside judgbeen committed;-and when objections are raised which do ment. not affect the merits of the cause, the circuit court may, if necessary, order the clerk of the court to make any amendment to the procedure, which, as amended, shall be executed as though it had been regular in the first instance; and levied. 10. The circuit court may adjudge the costs on such Costs of appeal, appeal, and if the judgment appealed from is fully con- how awarded firmed, it may order that the record be transmitted to the judge or judges or court who pronounced the judgment or conviction, and such transmission shall be effected by the clerk of the circuit court, who shall annex to the record a copy of the judgment of the said court and a certificate of the costs allowed on the said appeal, and the said costs shall be levied by the same means, and in the same manner in which the judgment of the judge or judges below, or of the court below, is carried into effect according to law; 11. But if, on the other hand, the said judgment be modified or Provision if the set aside, in whole or in part,the record and procedure on the judg- modified or set ment appealed from, and any procedure upon the appeal, shall aside. remain to form part of the records of the circuit court, by which and under the authority of which, whatever shall have been adjudged, ordered, confirmed, modified or amended by the judgment of the said court shall be carried into effect, by the same means and in the same manner as the judgment appealed from would itself have been carried into effect; Provision in to presecute appeal. 12. Any appellant who neglects to cause a copy of the case of failure said petition to be served as aforesaid, or who, having caused it to be served, fails effectually to prosecute the said appeal, shall be deemed to have abandoned the said appeal,-and upon application of the respondent, the circuit court shall declare forfeited all the rights and claims founded on the said appeal, and shall allow costs to the respondent, and shall order that the record, (if it has been transmitted,) be sent back to the court or judge below ;-and if the record has not been transmitted, then, upon production of the copy of the petition served upon the respondent, the said respondent shall obtain such costs as the court may adjudge; Recourse 13. The execution of the judgment against the party conagainst sureties. demned shall not deprive the party who has succeeded, of his recourse against the sureties for the whole or any part of the costs of the appeal remaining unpaid, to the payment of which every surety shall be bound, under the penalty of seizure and execution, in the same manner and to the same degree as the principal party; No certiorari 14. No judgment, rendered in virtue of this Act, shall to be issued in be set aside by any other means than the appeal above able under this prescribed ; and no writ of certiorari shall be issued and no judgment set aside upon a writ of certiorari. cases appeal Act. By-laws, &c., not to be set aside in appeal, in persons ap SPECIAL PROVISION RELATING TO APPEALS. 68. No By-law, procès-verbal, or other act or proceeding, shall be declared void by any County Council, sitting in on ground of appeal thereon from the decision of any Local Council, or by want of interest any Court of Appeal, or other Court, solely by reason of the plying for them. person or persons applying for the same not being interested; every question as to the interest of such person or persons shall be decided by the Council before which such proceeding originates, if such question is raised before such Council; and every such decision shall be final and conclusive; and if not raised before such Council, it shall not be raised in appeal. By whom to be administered. Persons admi OATHS. 69. Any oath required by this Act may be made before any warden or mayor, or justice of, the peace : 2. Any person before whom any oath may be made under nistering it to this Act, is empowered and required to administer such give certificate of its having oath, without payment, whenever called upon to do so, and to been taken. deliver to the person taking the same a certificate thereof;and the person taking such oath shall, without delay, deliver such certificate to the secretary-treasurer of the council in relation to the affairs of which such oath was made. PUBLICATION PUBLICATION OF THIS ACT. 70. The Governor may cause to be printed, in both languages, Governor to in such number and to be distributed in such manner as he cause copies of this Act to be shall deem most conducive to its publication in Lower Canada, printed separathis Act apart from the other Acts of the present Session, tely, &c. together with an index thereto or synopsis thereof, or both; and also a schedule of all Acts or parts of Acts making special provision for the erection of or relating to any Municipal Corporation in Lower Canada. FORMS. cient. 71. The forms given in the Schedule to this Act shall Forms in Schesuffice for the purposes for which they are given; but any other dule to be sullform to the like effect shall be sufficient, and any form shall be sufficient for such purposes or any other under this Act, if according to the ordinary construction of the language, the purport and intent thereof can be bond fide understood from the words used;-and no unnecessary or irrelevant allegations or expressions, in any such form, shall affect the validity thereof, if by passing them over as mere surplusage the remainder can be made to bear the sense required;-the rules of construction em- Interpretation bodied in the Interpretation Act, and in this Act, shall apply of forms and as well to the forms here given and to any other such form as under this Art. proceedings aforesaid, as to the allegations, statements, orders or directions there in contained ; and no objections of mere form or founded on Merely formal the omission of any formality shall be allowed to prevail in any to prevail, if the objections not action, suit or proceeding under this Act, unless substantial in- substance be justice would be done by not allowing such objection. not affected. (SCHEDULE No. 1.) Places specially erected into Municipalities by this or other Acts, and subject to the provisions of this Act wholly or in part. Name and Description of Municipality. Authority under which erected. The Municipality of the parish of Three-Rivers, being that portion of the said parish not comprised in the City of ThreeRivers, with the several concessions upon the St. Lawrence, and in the rear of such concessions up to the tract comprised within the ministration (desserte) of the parish of Pointe-du-Lac, and as far as the fief (now parish of) St. Etienne. The Municipality of the Town of Sherbrooke, as it was on The Municipality of Ste. Anne-des-Monts, as limited by The Municipality of the Magdalen Islands, with a Council of) The parish of St. Anicet, in the Township of Godmanchester, The parish of Ste. Julienne de Rawdon, in the Township of The parish of St. Alphonse de Liguori, in the County of The parish of St. Norbert d'Arthabaska, in the Township of 18 V. c. 100, s. 4, par. 2-4. 18 V. c. 100, s. 4, par. 5. 18 V. c. 100, s. 4, par. 6, 18 V. c. 100, 8. 4, par. 7. 18 V. c. The parish of St. Christophe d'Arthabaska, in the Township 100, s. 33, of Arthabaska, in the District of Arthabaska. The Municipality of Mont Carmel, being part of the parish The parish of St. Ephrem d'Upton, in the Township of The parish of St. Germain, in the Township of Grantham, iní The Municipality of Grantham, Wendover and Simpson, com- The Municipality of South Winslow, being the south part of par. 11. 20 V. c. 41, s. 2, par. 2. The Township of St. Jean, detached from the County of Chi-22 V. coutimi, with a Council having the powers of a Local and County Council. (1858), c. 101. s. 30. (SCHEDULE The Municipality of Aubert Gallion, comprising the Parishof St. George (d'Aubert Gallion,) in the County of Beauce, with the first, second, third and fourth ranges of the This Act. Township of Shenley. FORMS. (A) NOTICE OF PUBLIC MEETING FOR THE ELECTION OF LOCAL COUNCILLORS. To the municipal electors of the (township, parish, &c., here insert name of municipality.) Public notice is hereby given that a public meeting of the inhabitants of the local municipality of the (parish, township, &c., here insert name of municipality) qualified to vote for municipal councillors, will be held at (here describe the place, public room, house, &c.,) in the said municipality, on of day, the day instant (or next) at of the clock in the noon, for the purpose of then and there electing seven councillors for the said municipality, pursuant to the provisions of "The Lower Canada Municipal Act of 1860." |