the said A. B., and which he claims as being his property, unjustly detained And you are further commanded to summon the said C. D. to appear before this Court, at the house of in the said Township (or as the at o'clock in the case may be) of day of noon, on instant, (or next,) to answer the demand of the said A. B., and to show cause why the said seizure should not be declared good and valid, and the said cart to be the property of the said A. B.; notifying the said C. D. that if he fail so to appear, either in person or by his Attorney, judgment may be given against him by default; and have you then and there this warrant, with your doings thereon. An Act to alter the Terms of the General Sessions of the Peace, in and for the District of Saint Francis. W [9th December, 1843.] HEREAS, by the Provincial Statute of Lower Canada, passed in the third year of the Reign of His late Majesty, King George the Fourth, and intituled, An Act to erect certain Townships therein mentioned, into an Inferior District, to be called the Inferior District of Saint Francis, and to establish Courts of Judicature therein, and since continued, amended and made permanent by other Legislative enactments, it is among other things provided that there shall be held at Sherbrooke, in and for the said Inferior District of Saint Francis (now the District of Saint Francis) twice in every year, a General Session of the Peace, the terms whereof shall be from the first to the seventh day (both days included and Sundays excepted) of each of the months of February and October: And whereas it is expedient to alter the periods of holding the said General Sessions of the Peace in and for the said District; Be it therefore enacted, by 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 so much of the Provincial Statute of the late Province of Lower Canada, first above cited, as enacts that the Terms of the said Inferior District, now the District of Saint Francis, shall be from the first to the seventh day, both days included and Sundays excepted, of the months of February and October in every year, shall be, and the same is hereby repealed, from and after the twenty-first day of April, in the year one thousand eight hundred and forty-four. II. And be it enacted, that from and after the day last aforesaid, the said Terms of the said General Sessions of the Peace, in and for the said District of Saint Francis, shall be from the first to the seventh day of March, and from the twenty-fourth to the thirtieth day of September in each year, both days inclusive, and Sundays and Holidays excepted. CAP. XXI. An Act to alter and amend certain provisions of the Ordinance of the WHI [9th December, 1843.] A certain part of the said Act repealed. At what time the General Peace shall be held in the said Sessions of the District. L. C. 2 V. (1) c. 2, cited. HEREAS it is just and necessary to alter and amend certain parts of an Preamble. Ordinance of the Governor and Special Council for the affairs of the late Province of Lower Canada, passed in the second year of Her Majesty's reign, intituled, An Ordinance for establishing an effective system of Police in the Cities of Ordinance of Quebec and Montreal; 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 from and after the passing of Z Part of the repealed, and other provi said Ordinance sions substitut ed for those of the Ordinance. imposed. this Act, it shall not be lawful for any Justice or Justices of the Peace to commit persons convicted under the said Ordinance, of being loose, idle, and disorderly, to the common Gaol or House of Correction, at hard labor, and that so much of the said Ordinance as confers any power of imprisonment on Justices of the Peace, of persons so convicted, shall be and the same is hereby repealed; Provided always, that it shall be lawful for any Justice or Justices of the Peace, to impose upon persons hereafter to be convicted under the said Ordinance, of being loose, idle, and A fine may be disorderly, a pecuniary fine or penalty not exceeding five pounds sterling, to be levied by attachment of their several goods and chattels, and sale thereof, eight days after such attachment, and not by distress, if such persons so convicted shall be residents of the parish or place where such conviction shall be made; and in default of sufficient levy upon such goods and chattels, to cover such penalty and costs of seizure and sale, or if such persons so convicted shall not be residents or being residents shall have no goods and chattels by the sale whereof, the said penalty may be levied, and shall not, forthwith upon such conviction, pay such penalty, it shall be lawful for such Justice or Justices to commit such offenders so convicted, to the common Gaol or House of Correction, to be imprisoned for any period not exceeding two months, either at hard labor or otherwise, in the discretion of such Justice or Justices. Offender may be committed, if the fine be not paid. So much of the II. And be it enacted, that so much of the said Ordinance as deprives parties Ordinance as deprives parties convicted, as aforesaid, of the benefit of Her Majesty's Writ of Certiorari, and also of the benefit so much of the same as enacts that no conviction, order, warrant, commitment, of Certioraris, &c, &c., in or other matter, made or purporting to be made, under the said Ordinance, shall certain cases, be quashed for want of form, or held void by reason of any defect therein, shall be and the same is hereby repealed. repealed. Charge to be reduced to writing, in certain cases. Appeal grant ter Sessions in such cases. III. And be it enacted, that in all proceedings to be commenced against loose, idle, and disorderly persons, the charge shall be reduced to writing and shall be stated by the Justice or Justices of the Peace to the party or parties accused, who shall be held to plead forthwith to the same; and the said charge shall be summarily tried, due time being given to the party accused to procure the attendance of the necessary witnesses to establish his defence, if he shall so require. IV. And be it enacted, that it shall be lawful for any person convicted under ed to the Quar- the said Ordinance to appeal from such conviction to the next ensuing General Quarter Sessions of the Peace, upon giving good and sufficient security to pay the penalty awarded against him and all costs of such Appeal; and the said Sessions of the Peace are hereby empowered to hear such Appeal and to dispose of the same, and award costs in manner and form as practised upon other Appeals. V. And be it enacted, that every commitment to Gaol or to the House of Correction, shall specify the particular fact or facts, as to time, place and circumstance, which constitute the offender as a loose, idle, and disorderly person; and any commitment which shall not specify such facts, shall be held to be insufficient, and the party imprisoned under color thereof shall be entitled to be discharged from imprisonment, upon application to that effect to any Judge or Justice of Her Majesty's Courts of King's Bench or Queen's Bench, or any other person authorized by law to act in the absence of such Judge or Justice. CAP. XXII. An Act to amend the Ordinance providing for the Registration of Titles to Real Property or Incumbrances thereon in Lower Canada ; and further to extend the time allowed by the said Ordinance for the Registration of certain claims. WH [9th December, 1843.] Ord. 4 V. c. 30, cited. HEREAS it is expedient to increase the facilities for the Registering of Preamble. certain Instruments relative to Real and Immoveable Estates in Lower Canada, by amending and repealing certain parts of the Ordinance of the Governor and Special Council of the late Province of Lower Canada, intituled, An Ordinance to prescribe and regulate the Registering of Titles to Lands, Tenements and Hereditaments, Real or Immoveable Estates, and of charges and incumbrances on the same; and for the alteration and improvement of the Law in relation to the Alienation and Hypothecation of Real Estates, and the Rights and Interest acquired therein; 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, 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 the fifth section of the above in part recited Ordinance, and so much of the fifty-eighth section of the said Ordinance as substitutes the Districts to be constituted, by Proclamation, for the Judicial Districts mentioned n the said fifth section, shall be and the same is hereby repealed, from and after the first day of March, in the year one thousand eight hundred and forty four. the fifty-eighth section of the repealed. tion and part of said Ordinance Registry Of fices establish II. And be it enacted, that from and after the day last aforesaid, there shall be stablished in each and every County, in that part of this Province heretofore ed for the se Lower veral Counties, present Municipal or Regis instead of the tration Dis tricts. Registers, &c. of the former County Regisbe returned to try Offices to the Counties from which they were taken. Other Registers, &c., to Offices where they now are; Lower Canada, at such place as the Governor or person administering the Government of this Province shall appoint, a Public Office for the Registering of all deeds, wills, conveyances, notarial obligations, contracts and instruments in writing, and all other acts and writings whatsoever, affecting or relating to real or Immoveable Estates, described or alluded to in the first section of the above in part recited Ordinance, in any manner affecting lands, tenements and hereditaments, Real or Immoveable Estates situate, lying or being within such Counties, respectively; and it shall be lawful for the Governor of this Province, from time to time, and as occasion may require, to appoint a person of fit integrity and ability, to be Registrar of each and every of the said Counties, respectively, by whom the said office shall be kept, and the duties imposed by the said Ordinance as amended by this Act in respect of the same, shall be performed; and to remove any such Registrar and in case of vacancy of the said office by death, resignation or removal, to appoint another fit person to fill such vacancy. III. And be it enacted, that forthwith after the said first day of March in the year one thousand eight hundred and forty four, all and every the books, records, indexes, documents and papers appertaining to the County Registry Offices, established under and in pursuance of the several Acts of the late Province of Lower Canada, repealed by the said in part recited Ordinance, in the Counties of Drummond, Sherbrooke, Stanstead, Shefford and Missisquoi, and also in the Counties of the Two Mountains, Beauharnois, Ottawa, Megantic and Acadie, which were by the said Ordinance required to be transmitted to the Registry Offices constituted under the Provisions of the said Ordinance in the several Municipal or Registration Districts in which the Registry Offices for the said Counties respectively were situate, shall be returned into the Registry Offices hereinbefore authorized to be established in or for the respective Counties from whence they were removed or to which they relate, and shall make part of the Records of the Registry Offices into which they shall be so returned or removed; and the Registrars in whose custody they shall be, shall have the same powers and duties with regard to them, and may grant certificates concerning them or any thing in them contained, as the Registrar in whose custody they were before such removal, would have had or might have done if this Act had not been passed. IV. And provided also, and be it enacted, that all the Memorials, Books, Reremain in the cords, Indexes, Documents, and papers made under the provisions of the said in part recited Ordinance, shall remain in and form part of the Records and papers but transcripts of the Registry Office for the Counties within which the Registry Offices in which tries to be sent they now are shall have been respectively kept; and so soon as may be after the e Counties said first day of March one thousand eight hundred and forty four, there shall be transmitted by the Registrars in whose possession such Memorials, Books, Records of certain en to which they relate. Indexes, |