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that the Judgment aforesaid should be annulled, and an entry made on the record, that the said A. B. ought not, in the judgment of the said Justices, to have been convicted of the felony aforesaid; and you are therefore hereby required forthwith to discharge the said A. B. from your custody.

To the Sheriff of

the Gaoler of

(Signed,

(Clerk of the Peace for the
Counties of

Clerk of the City of

Clerk of Assize of
case may be.)

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all others whom it may concern.

E. F.
County (or united

(or Recorder's

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CAP. XIV.

An Act to provide for the payment of Petit Jurors in Upper Canada.

[ 2d August, 1851. ]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and

Allowance to Petit

Jurors attending cer

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 tain Courts. 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 every Petit Juryman actually attending any of the Courts of Assize and Nisi Prius, Oyer and Terminer, General Gaol Delivery, General Quarter Sessions of the Peace,. or County Courts in Upper Canada, shall be entitled to receive and be paid, in the manner hereinafter provided, the sum of Five Shillings per day, for every day he shall attend such Court, and the sum of Six Pence per mile for every mile he shall necessarily travel from his place of residence to the said Court, or such other sums as any County Council shall by By-law from time to time fix and determine, and that the distance shall be ascertained by the declaration of the Sheriff's Bailiff summoning such Juror, or by the declaration of the Juror himself: Provided always, that any false declaration Proviso: false declarespecting the distance of such party's residence, shall forfeit the right of every Juror ration to forfeit allowmaking such false declaration to receive any payment for travelling or attending such Court as Juror; and provided also, that no Petty Juror shall be entitled to any fee or allowance other than is provided by this Act.

ance.

Proviso.

Sheriff to make a Pay

II. And be it enacted, That it shall be the duty of every Sheriff to make a pay list for the Petit Jurors summoned to attend the said Courts, in the form set forth in the list for Petit Jurors. Schedule to this Act, and to attend or cause some Officer to attend at the opening of the said Courts, on the morning of every day such Court shall sit for the trial of causes by Jury, and upon the Jurors being called over, shall check and mark the word present," or " absent," as the case may be, in the proper column of such list opposite the name of every Juror, and on the last day of the sitting of such Court shall certify and return to the Treasurer of the County the said pay list.

66

And to transmit it to

Treasurer.

Treasurer to pay the
Jurors,

III. And be it enacted, That the said pay list, checked and certified as aforesaid, shall be a sufficient authority for the Treasurer to pay to each Juror the sum to which he shall appear entitled, as certified by such list, and it shall be the duty of the Treasurer forthwith to pay every Juror the sum so appearing due to him on such list. IV. And be it enacted, That every Sheriff shall be entitled to receive from the Treasurer of the County of which he is Sheriff such sum for each pay list, and such Sheriffs. sum per diem for checking the same every day at the opening of the Court, and for certifying and returning the same to the Treasurer as the County Council by By-law shall determine; Provided always, that the County Court and General Quarter Proviso. 234 * Sessions

Allowances to

List of Jurors to be called over daily, when Court opens.

Jurors not attending to be fined.

Sums to be paid with

for trial.

Sessions shall be one Court for the purposes of this Act, and the duty of calling over Jurors at the opening of the Court daily shall be performed by the Clerk of that Court, whether County Court or Quarter Sessions which shall first be opened.

V. And be it enacted, That it shall be the duty of the Marshal or Clerk of Assize, the Clerk of the County Court or Clerk of the Peace, as the case may be, at the opening of the Court, and before any other business is proceeded with, to call over the names of the Petty Jurors, that the Sheriff or his Officer may check who are present or absent.

VI. And be it enacted, That every Juror not appearing when so called shall not be entitled to any pay for the day on which he makes default in appearing at the opening of the Court, and shall, for every default he shall make during the day, be liable to such a fine as to the Court shall seem meet.

VII. And be it enacted, That to the Clerk of Assize for every County there shall be record when entered paid, with every record entered for trial or assessment, the sum of Fifteen Shillings, and to the Clerks of the several County Courts the sum of Seven Shillings and Six Pence, which sums shall forthwith be paid over to the Treasurer, and shall form part of the fund from which Jurors shall be paid as hereinbefore provided: Provided always, that no Record shall be entered for trial or assessment unless the sums before mentioned are paid.

Proviso.

The like in criminal cases, where either

costs.

VIII. And be it enacted, That in all criminal cases in which by law the party party' is liable to pay prosecuting or the party prosecuted shall be liable to pay the costs of the prosecution, it shall be the duty of the Officer of the Court, to charge against and receive from the party so liable the sum of Fifteen Shillings, over and above that to which by law he was heretofore liable, which sum shall form part of the fund for the payment of Jurors, and shall forthwith be paid over by the Officer receiving it to the Treasurer of the County in which the prosecution is carried on.

Certain fines to go towards payment of Jurors.

County Councils to provide funds for paying Jurors.

County Councils may provide for payment of Grand Jurors,

Act not to apply to Counties not providing such fund.

County Treasurer to

notify Sheriff, when

IX. And be it enacted, That all fines and penalties imposed upon and levied in the several Counties in Upper Canada, not payable to the Receiver General, and all fines upon Jurors for non-attendance levied in such County, shall henceforth be paid to the Treasurers of each of the said Counties respectively, and shall form part of the fund for the payment of Jurors under this Act.

X. And be it enacted, That the several County Councils in Upper Canada are hereby authorized to raise and appropriate such sum or sums of money as in their judgment shall be sufficient to pay the Jurors according to the terms of this Act, in case the sums appropriated by this Act shall not be sufficient to pay the said Jurors.

XI. And be it enacted, That the several County Councils are hereby authorized by By-law, in their discretion, to provide for the payment to Grand Jurors, either at the Courts of Oyer and Terminer and General Gaol Delivery, or at the General Quarter Sessions, out of the County funds, such sum per diem as they shall deem reasonable.

XII. And be it enacted, That the foregoing clauses of this Act shall not be in force in or apply to any County in Upper Canada until the County Council of such County, desirous of availing themselves of the provisions of this Act, shall appropriate such a sum of money as will in their judgment, with the moneys applicable under this Act, form a fund sufficient to pay Jurors under the provisions hereinbefore contained, or in which the County Council shall not appropriate a sum of money for payment of any deficiency that may occur in the Jury fund of such County.

XIII. And be it enacted, That in every County or Union of Counties in which a fund are provided, &c. Jury fund shall be provided, the Treasurer of such County or Union of Counties shall give notice to the Sheriff of such County, who shall thereupon perform the duties imposed upon him under this Act.

Court may order re-
cords to be entered,
&c, on first day of
sitting.

XIV. And to prevent unnecessary delay and expense, Be it enacted, That every Court or Judge sitting for the trial of causes by Jury, may, in the discretion of such Court or Judge, peremptorily order the records to be entered, and the business of the Court to be proceeded with, on the first day of the sitting of the Court; any usage to the contrary notwithstanding.

SCHEDULE

САР,

SCHEDULE TO THIS ACT.

PAY LIST for Petit Jurors who have attended "the Assize" or "County Court and Quarter Sessions" (as the case may be), held for the County of

day of

185

begun on the

day of

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and ended on the

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I,

Sheriff of the County of

do hereby certify to the Treasurer of the said County, that the above is, to the best of my knowledge, a correct return of the number of miles travelled by each Juror in coming to the said Court, a true check of the number of days every such Juror attended the Court, and the just sum to which every Juror on the above list is entitled.

A. B., Sheriff.

Preamble,

Periods fixed by 12 v. c. 36, s. 21, for hold

ing certain Courts altered.

Preamble.

CAP. XV.

An Act to alter the periods for holding certain Courts in the County of York. [ 2d August, 1851. ].

WHE

HEREAS it is necessary to alter the periods at which the Court of Assize and Nisi Prius, Oyer and Terminer and General Gaol Delivery shall be held in the County of York: 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 so much of the twenty-first Section of the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to make further provision for the Administration of Justice, by the establishment of an additional Superior Court of Common Law and also a Court of Error and Appeal, in Upper Canada, and for other purposes, as fixes the periods at which the Courts first above mentioned shall be held, shall be and is hereby repealed; and that hereafter, the said Courts of Assize and Nisi Prius, Oyer and Terminer and General Gaol Delivery, in and for the said County of York, shall open and be holden on the first Thursday in January, the first Monday in May, and the second Monday in October in each and every year.

CAP. XVI.

An Act relating to Land Patents whereby any waste or other lands of the Crown in Lower Canada are granted, and to dispense with certain formalities therewith connected, occasioning unnecessary delay and expense, and to amend a certain Act therein mentioned concerning such Land Patents.

W

[2d August, 1851. ]

HEREAS it is expedient that purchasers and others acquiring tracts of the public lands in Lower Canada should meet with as little delay as possible in obtaining the Letters Patent of the Crown therefor: 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 Original Patent to be enacted by the authority of the same, That from and after the passing hereof, all Letters Grantee, &c. Patent of the Crown whereby any grant or grants of the waste or other public lands in Lower Canada shall be made, shall be delivered to the person or persons thereto entitled, a copy thereof only being previously recorded in a register to be kept for the purpose by the Registrar of the Province or his Deputy, without any other entry of the enrolment required by the third section of an Act passed by the Legislature of Lower Canada in the thirty-sixth year of the Reign of His Majesty King George the Third, intituled, An Act for the safe custody and registering of all Letters Patent whereby any grant of the waste or other lands of the Crown lying within this Province shall hereafter be made, such enrolment, as thereby required, being hereby dispensed with.

delivered to the

L. C. 36 G. 3, c. 3.

Registration and delivery to Grantes to be effected with the least

possible delay.

II. And be it enacted, That it shall be the duty of the Provincial Secretary to deliver or cause to be delivered all such Letters Patent as aforesaid, forthwith, or as soon as conveniently may be, to the Registrar of the Province or his Deputy, for the enregistration of the same as hereinabove provided, and which it shall be the duty of such Registrar, or of his Deputy, to do or cause to be done with the least possible delay, endorsing and signing, as by law provided, a certificate of such enregistration on the Letters Patent, and transmit the same to the Commissioner of Crown Lands, to be by him forwarded to the proper person.

III. And be it enacted, That all copies of the registries or entry made at full length of any such Letters Patent in the register hereby required to be kept for the purpose, duly certified under the hand and signature of the Registrar or of his Deputy to be such, shall be allowed and taken as authentic proof in all courts of law in this Province, and to be good and sufficient evidence of such Letters Patent so registered, and of the contents thereof, and shall be of the same force and effect to all legal intents and purposes, as if the said Letters Patent were in such case produced and filed in Court. IV. And be it enacted, That the custody and safe keeping of all Letters Patent, whereby any public lands of the Crown in Lower Canada heretofore have been granted, shall from and after the passing of this Act be transferred from the office of the Secretary of the Province, or other functionary in whose keeping the same at present are, to the office of the Registrar of the Province, and that all copies of such Letters Patent, or of the record of such Letters Patent, duly certified under the signature of the said Registrar or of his Deputy to be such, shall be allowed and taken as authentic proof in all courts of law in this Province, and to be good and sufficient evidence of such Letters Patent, or record thereof, as the case may be, and of the contents thereof, as fully to all intents and purposes as if the said Letters Patent, whereof they are certified copies, were produced and filed in Court.

Certified copies of
Registers to be evid-
Patent.

ence of the Letters

Custody of Letters
Patent heretofore
from the P. Secretary
to the P. Registrar.

granted, transferred

V. And be it enacted, That so much of the aforesaid Act, passed in the thirty-sixth Inconsistent portions year of the Reign of His Majesty King George the Third, intituled, An Act for the safe of 36 G, 3, c. 3. custody and registering of all Letters Patent, whereby any grant of any of the waste or other lands of the Crown lying within this Province shall hereafter be made, as is repugnant and contrary to the provisions of the present Act, shall be and the same is hereby repealed.

VI. And be it enacted, That in all cases where any error as to the name of any intended grantee or purchaser of any public land in Lower Canada, or with respect to the number, designation or description of the lot of land purchased or intended to be granted or conveyed, or any other essential error shall be discovered in any Letters Patent whereby any such land is intended to be granted or conveyed by the Crown to any grantee or purchaser, it shall be lawful for the Governor in Council, on a representation to him made by or on behalf of the person interested, to direct the defective Letters Patent to be cancelled, and to issue in their stead new Letters Patent; which new Letters Patent shall supersede, take the place and be in the stead of the former, and be as effectual to all legal intents and purposes thenceforward for ever, as it was intended the former should have been and would be, had not such error or errors occurred therein.

How errors in any existing Letters Patent may be cor

rected.

CAP. XVII.

An Act to amend the Act substituting Salaries for Fees, in certain cases, in Lower
Canada.

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[ 2d August, 1851. ]

Preamble.

Act 13 & 14 Vict. c.

37, cited.

HEREAS it is expedient to amend the Act passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, and intituled, An Act to assign fixed Annual Salaries to certain Officers of Justice in Lower Canada, and to form a special fund out of the salaries, fees, emoluments and pecuniary profits attached to their offices, so as to form one fund out of the emoluments of certain offices when held by the same person: 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 whenever the office of Prothonotary or Clerk of the Superior Court Fees, &c. of certain and that of Clerk of the Circuit Court, shall at Quebec, Montreal, Three-Rivers or Sherbrooke,

offices to form one fund when such

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