missal.

In the case of any employee removed from his office for In case of disnegligence, misconduct or otherwise, no reimbursement whatever shall be made.

1

14. The pension or half pension payable under this act Pension not shall be neither transferable nor subject to seizurė.

liable to
seizure.

15. No pension or half pension under this act, shall be Residence of paid to persons residing out of the limits of this province, pensioners. unless for special reasons the lieutenant-governor in council determine otherwise.

16. If the superannuation fund become insufficient to In case of insufficiency of meet its obligations, a proportional reduction shall be the fund. made on the pensions then payable, until it shall have been otherwise provided for.

ployment to

17. Any superannuated employee less than sixty years Offer of emof age, and who is not prevented from serving through pensioners. any physical or mental infirmity, may be called upon to fill any other public office, the duties of which his previous services render him capable of discharging, and not inferior in rank and emoluments to that which he previously filled, provided always that the discharge of the duties of such office permit him to reside, either at the seat of government, or in the district in which he last resided.

If such employee refuse or neglect to discharge the duties of the office so offered, he shall by the fact of such refusal, as shall also his widow and children, lose all further right to any pension or half pension.

18. This act shall come into force on the day of the Act in force. sanction thereof.

CA P. XI.

An act to amend chapter 93, of the consolidated statutes for Lower Canada, with respect to the salary of certain sheriffs.

[Assented to 28th December, 1876.]

the

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

1. The following section shall be inserted after section c. S. L. C. ch. 15, of chapter 93, of the consolidated statutes for Lower 93, s. 15,

Canada:

amended.

Section

added.

*Salary to certain sheriffs.

Act in force.

"15a. The lieutenant-governor in council may, from time to time, grant to each of the sheriffs of districts falling under the operation of the two preceding sections, a sum which shall not exceed $500 per annum, as remuneration for the services rendered by each such sheriff, in criminal matters, and in all things concerning prisoners, the prison and its management, and the preparation of jury lists, but not the summoning of jurors."

2. This act shall come into force on the day of the sanction thereof.

32 V., ch. 23, sec. 16, amended,

sec. 4 amended.

Proviso.

CA P. XI I.

An act to amend the act of this province, 32 Vict., cap. 28, respecting district magistrates.

H

[Assented to 28th December, 1876.]

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

1. The last three words of subsection 3, of section 16 of the act of this province 32 Vict., cap. 23, are struck out and the following substituted therefor: “in the province."

2. Section 4 of the said act is amended, by adding thereto the following words: " but in the districts where no judge of the superior court resides, the district magistrate is bound to reside in the chef lieu of such district."

3. Nothing contained in this act shall affect the residence of district magistrates already appointed.

Preamble.

CA P. XIII.

An act to amend the law respecting the superior court.

WE

[Assented to 28th December, 1876.]

HEREAS the despatch of judicial business does not require, in certain districts, the constant presence of a judge of the superior court, and whereas the administration of justice would, be greatly benefitted by the attendance of such judges in other districts; Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. Whenever the despatch of judicial business in any Certain jud district requires the services of more judges of the supe- ges to act rior court than there are in such district, or whenever in other temporarily the sole judge of any district, is unable to discharge his districts. duties for any reason whatsoever, the chief justice, after having been informed thereof, and having conferred with his colleagues of the locality in which he resides, shall, according to the determination they may come to, require one or more of the judges of districts, other than those of Quebec and Montreal, to discharge their duties temporarily in such district, for the holding of any term or of the court, provided that such judges can absent themselves without injury to the administration of justice in their district.

Proviso.

2. Article 464 of the code of civil procedure is repealed Art. 464, code and the following substituted therefor: c. p. replaced.

"464. Two or more judges of the superior court dis- . charging their duties in the same district, may, and shall, whenever the despatch of business requires it, sit at the same time and at the same place, in separate apartments, in term or in vacation; and each of such judges has jurisdiction for hearing and determining all cases and matters submitted to him, and has the same powers as if he were the only judge sitting in such place.'

3. The lieutenant-governor, on the report of one of the L.-G. may law officers of the Crown, may from time to time by pro- suspend term clamation, suspend the holding of any ordinary term of the superior court, in any district, or if he deem it advisable, order the holding of a special term therein.

.

This section shall also apply to the circuit court..

or order special term.

Circuit Court.

4. Section 5 of the act of this province 36 Vict., ch. 10, 36 V., ch. 10, is amended by striking out the words "and one of the s.5, amended." judges resident in the city of Montreal shall likewise exercise them in the district of Terrebonne," and by substituting the following therefor: "and the judge of the District of district of Beauharnois shall likewise exercise them in the district of Terrebonne."

Terrebonne.

5. Section 7 of the last mentioned act is amended by Sec. 7, of striking out the words: "while such judge shall so have same act, his domicile there," and by substituting therefor the fol- amended, lowing words: "unless such judge be ill or absent from the district."

6. Section 19 of chapter 78 of the consolidated statutes C. S. L. C., c. for Lower Canada, and all provisions of law inconsistent 78, s. 19, and other laws, with this act are repealed. repealed.

7. This act shall come into force on the day of the sanc- Act in force. tion thereof.

C. S. L. C., c.

.90, ss. 1, 2, 3, 4, replaced.

Judgment outside of

CAP. XIV.

An act to amend chapter 90 of the consolidated statutes for Lower Canada, with respect to judgments rendered out of this province.

[Assented to 28th December, 1876.]

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

1. Sections one, two, three and four of chapter ninety of the consolidated statutes for Lower Canada are repealed and are replaced by the following sections:

"1. In any suit brought in this province upon a judgment rendered out of the Dominion of Canada, any Canada. defence set up or that might have been set up to the original suit, may be pleaded to the suit upon such judgment."

Judgment in another province of Canada.

2. In any suit brought in this province upon a judgment rendered by a provincial court in any other province of the Dominion of Canada, in a suit in which personal service was made on the defendant within such other province or in which in the absence of such personal service the defendant appeared, no defence that might have been set up to the original suit can be made and pleaded to the suit upon such judgment."

Suits against "3. In the case of a suit against a corporation, service Corporations. within such other province on the officer or officers indicated in the charter or in the law under which the charter has been granted, or if such officer or officers cannot be found within such other province, service therein on any person through whom by the law of such other province a valid service on such corporation can be made, shall be held to be personal service to bring the case under the provisions of the preceding section."

vince.

Judgment in "4. In any suit brought in this province upon a judganother pro- ment rendered by a provincial court in any other province of the Dominion of Canada, in a suit in which the defendant was not personally served within such other province, or in which in the absence of personal service he did not appear, any defence that might have been set up to the original suit, may be made and pleaded to the suit upon such judgment.'

Pending

cases.

2. This act shall not apply to judgments now rendered nor to pending cases.

CAP. XV.

An act respecting the declaration to be made by incorporated companies.

C

[Assented to 28th December, 1876.]

NONSIDERING that it is necessary to increase the facilities for the institution of actions by giving more publicity to the existence of incorporated companies; Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. Every incorporated company, carrying on any labor, Declaration trade or business in this province, (except banks and to be made. insurance companies,) shall cause to be delivered to the prothonotary of the superior court in each district, or to the registrar of each registration division in which it carries on or intends to carry on its operations or business, a declaration in writing to the effect hereinafter provided, made and signed by the president, when its chief office By whom or principal place of business is in this province, or by signed. the principal manager or chief agent in the province, when it has only branches or agencies therein.

declaration.

2. Such declaration shall state the name of the Contents of company; where and how it was incorporated; the date of its incorporation; and where its principal place of busi-. ness within the province is situated.

3. Such declaration shall be in the form or to the effect Form of declaration, of the schedule A to this act, and shall be filed within sixty days after the coming into force of this act by companies carrying on operations or business at that date, and within sixty days after commencing their When to be operations and business by companies commencing such operations and business subsequently.

filed.

4. When and so often as any change takes place in the. New declaraname of the company, or in its principal place of business tion. in the province, a declaration thereof shall in like manner Delay. be made, within sixty days from such change.

ny

5. It shall be the duty of every incorporated compa- Duty of the carrying on any labor, trade or business in this pro- company. vince, (save banks and insurance companies as herein above mentioned,) to cause such declarations to be made

officers.

and filed in the manner herein above provided; and it Duties of its shall be the duty of the president, or of the principal manager or chief-agent, as the case may be, of every such incorporated company, to make and file such declarations in the manner herein above provided ;