Proviso:

to securities

not to apply to such Bank during one year.

Proviso:

to all the liabilities thereof; Provided always, that the proviLimitation as sions of this Act limiting the securities which a Savings Bank established under it may lawfully hold, shall not, during one year from the time this Act shall come into force, apply to any Savings Bank continued under this Section, but such Bank shall have the said year or such longer period as the Governor in Council shall by order in Council allow to convert its securities into money or such securities as may be lawfully held by a Savings Bank under this Act: And provided always, that any existing Savings Bank which shall take advantage of this Act, shall after converting the assets of such institution into such securities as are required by this Act, divide any surp'us they may have of such, assets beyond the liabilities of such Savings Bank, amongst the depositors in such Savings Bank at the time of the passing of this Act, and all other persons who have been depositors in the said Bank, in proportion to the amounts respectively deposited by them in such Bank; and such portions of the said surplus so divided as shall not be claimed within three years from the passing of this Act, by the parties entitled thereto, shall be distributed amongst such charitable institutions as the Directors may select for that purpose.

Surplus funds among Depo

to be divided

sitors.

And if not claimed.

Governor may appoint an

Inspector or

Savings

Banks.

Report to the

Governor if any contra

vention of the

Law be discovered.

XXXIII. The Governor may appoint an Inspector or Inspectors of Savings Banks, who shall have all the powers of CommisInspectors of sioners for inquiring into matters connected with the public business, and may examine any party under oath to be administered by any Commissioner and it shall be the duty of Their duties. each Inspector to visit each Savings Bank in that portion of the Province which shall be assigned to him, at least twice in each year, and to examine thoroughly the state of its affairs, for which purpose those in charge of the books and papers of the Bank shall allow him free access thereto, and all information which he may require; and if any Inspector shall find that the provisions of this Act (or of the Act cited in the first section if the Bank be subject to that Act) have been contravened by or in respect of any Bank, or if the state of its affairs shall be such as to endanger in the opinion of the Inspector the safety of the Depositors, or if any necessary information be refused him, he shall report the facts to the Governor, who shall by Order in Council, forbid the receiving of any further deposits by such Bank after the publication of such order in the Canada Gazelle; and the Governor by any Order in Council, may either such Report. remove the prohibition to receive deposits, or confirm the same and order the affairs of the Bank to be wound up, in which latter case the Bank shall receive no more deposits, and shall be closed and otherwise dealt with in the manner provided in this Act, for winding up the affairs of any Bank established, under Penalty for this Act and if any deposit be received after the publication of contravening such Order in Council forbidding the receiving of deposits, every Director and Trustee of the Bank shall be personally liable to the Depositors for the principal and interest of such deposit, unless he shall have protested against the receiving of deposits

Order upon

such order.

and

and published such protest in some newspaper published in or near the Bank's place of business, within forty-eight hours after the date of the publishing of the Order in Council not to receive deposits.

XXXIV. The Parliament of this Province may amend this Parliament Act in any way, or make any further provision for enforcing may amend its enactments, without its being deemed an infringement of this Act, &r. the rights of any Savings Bank established under it or of the

Stockholders therein.

XXXV. Nothing in this Act shall apply to the Montreal Pro- Montreal Provident and Savings Bank, and the Act herein first above cited vident and shall remain in force as regards the said Bank, except in so far Savings Bank as it may have been altered 'or affected by other Acts specially by this Act. relating to the said Bank.

CAP. XCVII.

An Act to regulate proceedings in Appeals from the decisions of Justices of the Peace in Summary Convictions.

[Assented to 30th May, 1855.]

not affected

WHEREAS it is necessary with a view to prevent frivo- Preamble.

lons appeals from the decisions of Justices of the Peace

in matters connected with summary convictions, further to regulate the proceedings on appeals from the decisions of Justices of the Peace in cases of summary convictions: 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:

technical ob

I. In any appeal to a Superior Court from the conviction, In appeals judgment or decision given by any one or more Justices of the under 14 & 15 Peace under the provisions of an Act passed in the Session ment shail Lot V. c. 95, judg held in the fourteenth and fifteenth years of Her Majesty's Reign, be given for intituled, An Act to facilitate the performance of the duties of Appellant on Justices of the Peace, out of Sessions, with respect to summary jections not convictions and orders, no judgment shall be given in favour of urged before the appellant if the appeal be based on an objection to any in- the Justice whose judg formation, complaint or summons or to any Warrant to ap- ment is apprehend a defendant, issued upon any such information or pealed from, complaint for any alleged defect therein in substance or in form, and overruled by him. or for any variance between such information, complaint, summons or warrant and the evidence adduced on the part of the

informant

Costs in appeal and on certiorari to be

informant or complainant at the hearing of such information or complaint, unless it shall be proved before such Superior Court that such objection was made before the Justice or Justices of the Peace before whom the case was tried and by whom such conviction, judgment or decision was given, nor unless it be proved that notwithstanding it was shewn to such Justice or Justices of the Peace that by such variance the person summoned and appearing or apprehended, had been deceived or misled, such Justice or Justices had refused to adjourn the hearing of the case to some further day as provided in and by the said Act.

II. The Court to which an appeal shall be made from the conviction, judgment or decision of any Justice or Justices of in the discre- the Peace in cases of summary convictions or into which any case shall be removed by Writ of Certiorari, may or may not, in its discretion, award costs to the party in whose favour judgment shall have been given, or against the party appealing; any law to the contrary in any wise notwithstanding.

tion of the Court.

Extent of Act.

Preamble.

An Act to provide temporarily for the payment of Petty Jurors in Lower Canada, and to make be ter provisions for the payment of certam judicial officers in that part of the Province.

[Assented to 30th May, 1855.]

WHEREAS a considerable time must necessarily elapse before it will be possible to enact and bring into operation in Lower Canada a system of Judicature founded upon a principle of more extended decentralization, by which a large proportion of the expenses and inconvenience attending the existing system might be avoided, and it is therefore expedient to remedy one of the greatest evils arising out of the present system, by making temporary provisions for the payment of persons summoned to attend as Petty Jurors at the Courts of Criminal Jurisdiction, from places remote from those at which the sittings of such Courts are held; And whereas it would not be right to charge the County Municipalities with the expenses incurred in the prosecution of offences, the greater portion of which is committed in, or in the neighbourhood of, the large Towns and Cities where the Courts now sit: 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

the Government of Canada, and it is hereby enacted by the authority of the same, as follows:

of Criminal

I. A sum not exceeding five shillings shall be paid by the Five shillings Sheriffs of the respective Districts of Lower Canada, to each a day allowed and every person who shall serve as a Petty Juror before any to Petty Jurors Court of Criminal Jurisdiction, for every day he shall by reason Courts. of his being such Juror, be necessarily absent from his usual place of abode; except that no such remuneration shall be Except Jurors granted to any Petty Juror whose usual residence is situate residing where within the limits of the City, Town or Village in which the the Court is Court is held.

held.

allowance.

II. Sums not amounting in the whole to more than Five Advances to thousand pounds currency, may be advanced to the said She- Sheriffs to rifi's respectively, by warrant of the Governor, out of the Con- pay the said solidated Revenue Fund of this Province, in such proportion and at such times as to the Governor in Council shall seem fit, for the purpose of enabling the said Sherifls to pay the allowance to Petty Jurors authorized by the next preceding Section.

III. Separate accounts shall be kept of all moneys disbursed An equal sum under the preceding sections of this Act, to the end that an to be allowed equal sum may be appropriated by Parliament for the several to U. C. City and County Municipalities in Upper Canada, for the general purposes of such Municipalities, and to be divided among them in proportion to their population by the last Census.

IV. And whereas it is expedient further to amend the Act. passed in the Session held in the thirteenth and fourteenth years of Her Majesty's Reign, intituled, An Act to assign fized 13 & 14 V. Annual Salaries to certain Officers of Justice in Lower Canada, c. 37. and to form a Special Fund out of the Salaries, Fees, Emoluments and Pecuniary Profits attached to their Offices, and the Act passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to amend the Acts assigning fired Annual 16 V. c. 196. Salaries in lieu of Fees, to certain Officers of Justices in Lower Canada, so that the provisions of the said Acts may apply to certain Judicial Officers in the Districts of Gaspé, Kamouraska and Ottawa, and to increase the Fund created by the said Act, so that it may be sufficient to permit more adequate Salaries to be paid out of it to the Officers hereinafter mentioned: Be it there- Fees of fore enacted, that the salaries, fees, emoluments and pecuniary Judicial Offiprofits attached to the Offices hereinafter mentioned connected with the administration of justice in the Districts of Gaspé, Ka- Officers of Jus mouraska and Ottawa in Lower Canada, to wit, the offices of tice Fee Fund. Sheriff, Prothonotary, Clerk of the Crown and Clerk of the Peace, of those Districts, and of Clerk of the Circuit Court of the Percé, New Carlisle, Kamouraska and Ottawa Circuits, Crier, Assistant Crier or Tipstaff of the Circuit Court in any District, shall form part of the Officers of Justice Fee Fund, created by the Acts above mentioned, in like manner as the salaries, fees,

emolument,

cers to form part of the

Salaries of

emolument and pecuniary profits attached to the offices in the said Acts mentioned.

Governor V. It shall be lawful for the Governor to assign from empowered time to time to the several officers hereinafter mentioned, to increase the annual and fixed salaries not exceeding the amounts hereincertain Judi- after limited with respect to the said officers respectively, cial Officers, and to be reckoned from the first day of January, one thousand within certain eight hundred and fifty-five; which salaries it shall also be lawful for the Governor to modify from time to time in any case or cases, subject to the limitation aforesaid, that is to say:

limits.

1

IN THE COURT OF QUEEN'S BENCH.

To the Clerk of the Court, called the Clerk of Appeals, a sum not exceeding three hundred pounds currency, yearly.

IN THE DISTRICT OF QUEBEC.

To the Sheriff, a sum not exceeding six hundred pounds currency, yearly.

To the Prothonotary of the Superior Court, a sum not exceeding seven hundred and fifty pounds currency, yearly.

To the Clerk of the Circuit Court, of the Quebec Circuit, a sum not exceeding four hundred pounds currency, yearly.

To the Clerk of the Crown, a sum not exceeding three hundred pounds currency, yearly.

To the Clerk of the Peace, a sum not exceeding five hundred pounds currency, yearly.

IN THE DISTRICT OF MONTREAL.

To the Sheriff, a sum not exceeding six hundred pounds currency, yearly.

To the Prothonotary of the Superior Court, a sum not exceeding seven hundred and fifty pounds currency, yearly.

To the Clerk of the Circuit Court of the Montreal Circuit, a sum not exceeding four hundred pounds currency, yearly.

To the Clerk of the Crown, a sum not exceeding three hundred pounds currency, yearly.

To the Clerk of the Peace, a sum not exceeding five hundred pounds currency, yearly.