contravention the name of the party to whom it has been delivered to be so transmitted, and shall take a proper receipt therefor; and any Deputy Returning Officer failing in any of the said obligations or formalities, and any person having taken charge of the poll- Penalties for book and failing to deliver the same in due time and manner, of this Act. shall be guilty of a misdemeanor, and shall incur a penalty of one hundred pounds currency, or be imprisoned for a term of not less than six months and not more than one year, or be punished by imprisonment and fine together. cer must tain cases. IV. Whenever any Deputy Returning Officer has reason to Deputy Reknow and believe that frauds and violence are being practised turning Offiin violation of the rights of electors, by which undue votes are tender oath to tendered, or that anv voter is not qualified, or has already voted voters in cerat the said election, or tenders his vote under a false name or designation, it shall be the duty of such Deputy Returning Officer, under penalty of fifty pounds currency, to administer any one or more of the oaths authorized by law, to such voter, whether he be required so to do or not by any party; of which mention shall be made in the poll-book; and any person taking any of the said oaths and being found guilty of perjury, shall be subject to the penalties imposed for perjury. cer where V. When the Returning Officer, having received any Poll- Duty of Returning OffiBook or any document connected with the Election, has reason to believe that the same has been altered, injured or obliterated, Poll-Book, or that additions have been made improperly thereto, it shall &c., has been tampered be his duty to adjourn proceedings and to establish the true with. facts in the manner provided in case of the loss of any PollBook; and any person unlawfully making additions to any Penalty for such Poll-Book, by connecting therewith any other writing or 'ampering document, or otherwise, shall be punished by confinement at Book, &c. hard labor in the Provincial Penitentiary, or otherwise in the manner already provided for the stealing and destroying of the same. with Poll conveyance, VI. The penalty of ten pounds currency now established Punishment for voting against persons voting without qualification, and the penalty of without qualitwenty-five pounds currency against persons voting under frau- fication or on dulent conveyance, are hereby repealed during the continuance fraudulent of this Act only, and the said offences respectively shall hereafter increased. constitute a misdemeanor, and be punishable by imprisonment for a term not less than three months nor more than six months or a fine not less than twenty-five pounds nor more than fifty pounds currency, or by imprisonment and fine together; and the same penalties shall also apply to persons wilfully voting under a false or assumed name or designation; and the penalty of ten pounds currency, for voting more than once at any election is also hereby repealed during the continuance of this Act only, and the said offence shall hereafter constitute a misdemeanor and be punishable by imprisonment for a term not less than six months nor more than one year, for every additional vote so given, whether such person has voted under the same name or otherwise. No polling place to be opened in Lower Canada in parishes, &c., having less than 100 voters. Recovery of penalties. Duration of Preamble. Witnesses may be sum. VII. In Lower Canada that provision of the election laws which directs that when only part of any Parish, Township or place shall lie within a County, no polling place shall be opened within such part, unless there be therein at least one hundred proprietors qualified to vote, shall be understood and taken to dispense with the necessity of opening a poll in a whole Parish or Township or other place when there may not be therein at least one hundred proprietors of lands or tenements qualified to vote; and electors qualified to vote in any such place where no polling place may be opened, may vote at such election at the polling place which shall to them appear most convenient. VIII. The penalties imposed by this Act shall be recoverable before or applied by any of Her Majesty's Courts in this Province having competent jusrisdiction, in the manner already provided by law for other penalties of a like nature established concerning offences against the laws of elections. IX. This Act shall be in force until the first day of January, in the year one thousand eight hundred and fifty-six, and no longer; but the same may be varied, amended or repealed during the present session. CAP. IX. An Act to enable the Superior Courts of Law and Equity to issue process to compel the attendance of Witnesses out of their jurisdiction, and to give effect to the service of such process in any part of Canada. W [Assented to 18th December, 1854.] HEREAS great inconvenience arises in the administration of justice from the want of a power in the Superior Courts of Law and Equity to compel the attendance of witnesses resident in one jurisdiction of Canada at a trial or enquête in another jurisdiction, and the examination of such witnesses by commission is not in all cases a sufficient remedy for such inconvenience: 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, as follows: I. If in any action or suit now or at any time hereafter moned from depending in any of Her Majesty's Superior Courts of Law or Equity in Canada, it shall appear to the Court in which such action is pending, or if such Court is not sitting to any Judge of any such Courts, that it is proper to compel the personal attendance at any trial or enquête or examination of witnesses, any part of Canada to attend the Superior Courts in of of any witness who may not be within the jurisdiction of the Civil Cases Court in which such action or suit is pending, it shall be law- in either ful for such Court or Judge, if in their or his discretion it shall section of the Province, so seem fit, to order that a writ called a writ of subpæna ad and how." testificandum or of subpœna duces tecum shall issue in special form, commanding such witness to attend such trial or enquéte or examination of witnesses wherever he shall be in Canada; and the service of any such writ or process in any part of Canada, shall be as valid and effectual to all intents and purposes, as if the same had been served within the jurisdiction of the Court from which it issues, according to the practice of such Court; Provided always, that no such writ shall be issued in Proviso. any case in which an action is now pending or shall be hereafter, or has been already brought for the same cause of action, in that section of the Province, whether Upper or Lower Canada respectively, within which such witness or witnesses may reside. II. Every such writ shall have at the foot or in the margin Special Order thereof, a statement or notice that the same is issued by the to be made. special order of the Court or Judge making such order, and no such writ shall issue without such special order. obedience to III. In case any person so served shall not appear according Punishment of to the exigency of such writ or process, it shall be lawful for persons not the Court out of which the same issued, upon proof made of attending in the service thereof, and of such default, to the satisfaction of such sumsuch Court, to transmit a certificate of such default, under the mons. Seal of the same Court, to any of Her Majesty's Superior Courts of Law or Equity in that part of Canada in which the person so served shall reside, being out of the jurisdiction of the said Court so transmitting such certificate, and the said Court to which such certificate is so sent, shall and may hereupon proceed against and punish such person so having made default, in like manner as they might have done if such person had neglected or refused to appear to a writ of subpoena or other similar process issued out of such last mentioned Court: Provided always, that no Proviso: such certificate of default shall be transmitted by any Court, reasonable nor shall any person be punished for neglect or refusal to attend expenses must any trial or enquête or examination of witnesses, in obedience have been to any such subpoena or other similar process, unless it shall be made to appear to the Court transmitting and also to the Court receiving such certificate, that a reasonable and sufficient sum of money, according to the rate per diem and per mile allowed to witnesses by the law and practice of the Superior Courts of Law within the jurisdiction of which such person shall be found, to defray the expenses of coming and attending to give evidence and of returning from giving such evidence, had been tendered to such person at the time when such writ of subpoena, or other similar process, was served upon such person: And provided also, that the service of such writs of subpœna tendered. Proviso: vice how subpoena or other similar process in Lower Canada, shall be Proof of ser- proved by the certificate of a Bailiff within the jurisdiction. where the service is made, under his oath of office, and such service in Upper Canada by the affidavit of service endorsed on or annexed to such writ by the person or persons serving the same. made. Costs of attendance how taxable. Act to apply to cases in Circuit Court for Lower Canada. Act not to IV. The costs of the attendance of any such witness shall not be taxed against the adverse party to such suit, beyond the amount that would have been allowed on a commission rogatoire, or to examine witnesses, unless the Court or Judge before whom such trial or enquête or examination of witnesses is had, shall so order. V. The several provisions of this Act shall apply to the summoning of witnesses residing within the jurisdiction of the Circuit Court held at any one place, to attend at any trial or enquête before the Circuit Court at any other place in Lower Canada. VI. Nothing herein contained shall alter or affect the power affect power of any such Courts to issue a commission for the examination to examine by commission. of witnesses out of their jurisdiction, in any case in which, notwithstanding this Act, they shall think fit to issue such com Act not to sibility of evidence. mission. VII. Nothing herein contained shall alter or affect the adaffect admis- missibility of any evidence at any trial or proceeding, where such evidence is now by law receivable on the ground of any witness being beyond the jurisdiction of the Court, but the admissibility of all such evidence shall be determined as if this Act had not been passed. Preamble. CAP. X. An Act to regulate the time of payment of Bills and Pro- W HEREAS it is expedient to provide for the regulation of Bills of Exchange and Promissory Notes which may fall due on Sundays, legal Holidays, or any of the Holidays mentioned in the twenty-sixth section of an Act passed in the twelfth year of Her Majesty's Reign, chapter twenty-two, 12 Vict. c. 22. intituled, An Act to amend the law regulating Inland Bills of Exchange, and Promissory Notes, and the protesting thereof, and Foreign Bills, in certain cases, in Upper or Lower Canada: 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 Great Britain and Ireland, and intituled, An Act to re-unite the grace falls on a I. Notwithstanding any law, or provision of law, statute, When the last usage, or custom to the contrary, whenever the day which day of would otherwise be the last day of grace for the payment of any Holiday or Bill of Exchange or Promissory Note, shall fall on a Sunday, Sunday, Note legal Holiday, or any of the days mentioned in the Act cited to be payable the day after. in the Preamble to this Act, as being a Holiday at the place where the same is payable in Upper or Lower Canada respectively, such Bill or Note shall be payable and the days of grace shall expire, on the day next thereafter which shall not be a Sunday or Holiday as above mentioned, and not before. II. This Act shall come into effect on the first day of March Commencenext after the passing thereof, and not before. CAP. XI. An Act to regulate the Inspection of Pot and Pearl [Assented to 18th December, 1854.] ment of Act. HEREAS it is expedient to repeal the Act of the Par- Preamble. liament of the Province of Canada hereinafter mentioned, and to make better provision for the Inspection of Pot and Pearl Ashes: 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, as follows: I. Upon from and after the day on which this Act shall come Act 6 V. c. 6, into force, the Act of the Parliament of the Province of Canada, repealed. passed in the sixth year of Her Majesty's Reign, and intituled, An Act to regulate the Inspection of Pot and Pearl Ashes, shall be and the same is hereby repealed: Provided always, that Proviso: nothing herein contained shall revive any Act or law repealed repealed Acts or suspended by the Act above cited, but such Acts and laws not revived. and all other Acts or Ordinances or laws in force in either section of the Province, when this Act shall come into operation, relating to the inspection, storing and branding of Pot and Pearl Ashes, and the appointment and compensation of Inspectors, shall be and the same are hereby repealed. II. From and after the period when this Act shall come into Description of force and effect, no Pot or Pearl Ashes shall be inspected in barrels in barrels |