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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 secti
Province, so seem fit, to order that a writ called a writ of subpæna ad and how. testificandum or of subpæna 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 Svecial Ord 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.
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 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 subpæna 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
ionen have been any trial or enquête or examination of witnesses, in obedience
tendered. to any such subpæna 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 subpæna, or other similar process, was served upon such person : And provided also, that the service of such writs of
Proviso: subpæna or other similar process in Lower Canada, shall be Proof of ser- proved by the certificate of a Bailiff within the jurisdiction vice how where the service is made, under his oath of office, and such made.
service in Upper Canada by the affidavit of service endorsed on or annexed to such writ by the person or persons serving the same.
Costs of at. tendance bow taxable.
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 enquete or examination of witnesses is had, shall so order.
Act to apply to cases in Circuit Court for Lower Canada.
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.
Act not to VI. Nothing herein contained shall alter or affect the power to examine by o
Cu of any such Courts to issue a commission for the examination commission. of witnesses out of their jurisdiction, in any case in which, not
withstanding this Act, they shall think fit to issue such commission.
Act not to VII. Nothing herein contained shall alter or affect the ad
fit admise missibility of any evidence at any trial or proceeding, where sibility of evidence.
such evidence is now by law receivable on ihe 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.
An Act to regulate the time of payment of Bills and Promissory Notes, which may fall due on legal holidays.
[Assented to 18th December, 1854.] Preamble. SHEREAS 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 Britain and Ireland, and intituled, An Act to re-unite the
I. Notwithstanding any law, or provision of law, statute, When the last usage, or custom to the contrary, whenever the day which day of grace
* falls on a 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 lioliday 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.
ment of Act.
An Act to regulate the Inspection of Pot and Pearl
[Assented to 18th December, 1854.] W H EREAS it is expedient to repeal the Act of the Par- Preamble.
V liament of the Province of Canada hereinafter mentioned, and to make better provision for the Inspection of Pot and Pearl Ashes : Be it therefore enacied 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" 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 of any size or description other than the following, that Ashes shall be is to say : Pot Ashes, in barrels to be constructed of oak or
white ash timber; and Pearl Ashes, in barrels to be constructed of oak, white ash, black ash, or elm timber ; the said timber to be of the best description and thoroughly seasoned, and the said barrels to be made perfectly tight, and to be well and completely hooped with, at least, fourteen sound oak, ash, hickory, blue beech or elm hoops each ; the said barrels shall not exceed thirty-two inches in length by twenty-two inches in diameter on either head, nor shall be less than thirty inches in
length by twenty inches in diameter on either head, and the Proviso. chime thereof shall not exceed one inch : Provided always,
that it shall be the duty of the Inspectors of Ashes hereinafter mentioned, to reject all barrels that may not be constructed according to the directions above specified, or that may, in
their opinion, be insufficient to resist the tear, wear and usage Proviso. to which they may be exposed : And provided further, that
from the gross weight of the barrel when filled up, the actual weight of such barrel, as tare, shall be deducted ; any law,
usage or custom to the contrary in any wise notwithstanding : Proviso. And provided further, that every manufacturer of Ashes shall
be bound to mark, in legible characters, on the end of each barrel, before the same is filled, the exact weight thereof.
Licensesexist. III. All licenses or commissions heretofore issued, or which ing imme- may, at any time hereafter previous to the first day of January, diately before 1st Januarv. one thousand eight hundred and fifty-five, be issued for the 1855 to be can- appointment of any Inspector or Inspectors of Pot or Pearl celled on that Ashes in this Province, shall on, from and after the said last
mentioned day, be revoked and rendered null and void : ProProviso : Re- vided always, that inasmuch as Edouard Martial Leprohon, tiring Pension
Inspector of Ashes for the City of Montreal, has in consequence prohon. of his advanced age and his infirmities, expressed his willing
ness to resign the said office, on, from, and after the said first day of January, one thousand eight hundred and fifty-five, it is therefore enacted, that from and after the said last mentioned day, there shall be paid annually to the said Edouard Martial Leprohon, by the person or persons who may be hereafter appointed to the office of Inspectoror Joint Inspector of Ashes for the City of Montreal, one third of the whole net profits of the said office : Provided that the sums so payable to him, shall in no case exceed four hundred pounds currency, in and by even and equal quarterly payments of one hundred pounds current money aforesaid, each, the first payment whereof to be made on the first day of April, one thousand eight hundred
and fifty-five, and thence to continue during the natural life of Such pension the said Edouard Martial Leprohon : Provided further, that the
the first person to be so appointed to the office of Inspector after the charge on the
vents of retirement of the said Edouard Martial Leprohon therefrom, the office after shall be bound to make to him the above mentioned payments, the necessary from and out of the revenues of the said office, immediately expenses. after the necessary expenses of the same are defrayed, and
Provide the natur:
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before the appropriation of any portion of the remainder of the said revenue to any other purpose whatever.
IV. From and after the coming into force of this Act, it shall be lawful for the Board of Trade in the Cities of Quebec, Po Montreal, Toronto and Kingston respectively, and for the appoint Board Municipal Authorities in other places where Inspectors may of Examiners. be required for the purposes of this Act, to appoint a Board of Examiners of applicants for the office of Inspector of Pot and Pearl Ashes, and from time to time to remove such Examiners and appoint others in their stead ; and such Board of Exami. ners shall, in the Cities of Quebec and Montreal respectively, consist of five, and in other places, of three, fit, proper and skilful persons, resident in the place or in the immediate vicinity of the place for which they are respectively to act; and such Examiners shall, before acting as such, severally take and subscribe the following oath before any one of Her Majesty's Justices assigned to keep the Peace within the Territorial Division in which such Examiners shall respectively reside, and such Justice is hereby required and authorized to administer the same : “1, A. B., do swear that I will not, directly or indi. Oath of office
of Examiners. “ rectly, personally or by means of any person or persons in my 6 behalf, receive any fee, reward or gratuity whatever, by reason " of any function of my office of Examiner, and that I will 66 therein well and truly, in all things, act without partiality, “ favor or affection, and to the best of my knowledge and “ understanding : So help me God.” V. The Mayor of the said Cities of Quebec, Montreal, Toron
Mayor of each to or Kingston, for the time being, and Chief Municipal Officer of any other place, as aforesaid, for the time being, shall and appoint an Inmay, from time to time, by an instrument under his hand and spector for the
same, &c the seal of the Corporation, nominate and appoint an Inspector, or a Joint Inspector of Pot and Pearl Ashes for the said Cities, and other places as aforesaid, respectively, and may, from time to time, on a representation to the said Mayor, or Chief Municipal Officer, by the Council of the Board of Trade of the said Cities or places respectively, remove any such Inspector, and appoint another in his stead; but no person shall be appoint- None but pered as such Inspector, who shall not, previously to his appoint, sons having ment as such, undergo an examination before the Board of Ex- amination to
undergone ex. aminers for the same place, as to fitness, character and capacity, be appointed, in the manner hereinafter provided ; nor shall any person &c. be so appointed as Inspector of Pot and Pearl Ashes unless approved of and recommended as such by the Board of Examiners, or a majority of them, pursuant to such an examination ; nor in any place in which there shall be a Board of Trade, except on the requisition of such Board, with which the Mayor or Chief Municipal Officer shall be bound to comply ; and before any Inspector shall act as such, he shall furnish two Inspector to good and sufficient Sureties, who shall be bound with himself, give security. for the due performance of the duties of his office, in the sum