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VICTORIA, by the Grace of GOD, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c. &c. &c.

To all and every the Bailiffs, Constables, and other Officers within the Magdalen Islands,

In Her Majesty's name, you are hereby commanded to summon

GREETING:

of the Magdalen Islands, if he may be found therein, to be and before

appear, at Amherst Harbour, at the domicile of

our Commissioner for the trial of certain causes or actions of a personal nature arising in the said Magdalen Islands, on the

to answer

sum of

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day of

noon, then and there in a demand for the

and whereof an account in detail is hereunto

annexed, and do you make your return of this Summons with your doings thereon, on or before the said day.

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I command you, that laying aside all and singular business and excuses, you

and

and each of you be and appear in your proper person, before me, Her Majesty's Commissioner for the Magdalen Islands, at Amherst Harbour, at the domicile the day of o'clock in the

of

on

at

noon, then

and there to testify all and singular those things which you or either of you know in a certain cause between

plaintiff, and

defendant, before me the said Commissioner; and this you or either of you shall by no means omit, under the penalties of the law.

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To all and every the Bailiffs, Constables, and other Officers within the Magdalen

Islands:

WHEREAS A. B. of

day of

did, on the

for his debt, and

before me, Her Majesty's Commissioner for the trial of certain causes or actions of a personal nature, arising in the said Magdalen Islands, recover Judgment against of the said Islands, for the sum of for his costs, of which (or of so much as may remain due),execution remains to be done : You are therefore hereby commanded in Her Majesty's name to levy of the goods and chattels of the said (except his beast of the plough, his implements of husbandry, the tools of his trade, his fishing gear and tackle, unless the other goods and chattels shall prove insufficient, and not in any case the bed and bedding, nor the necessary wearing apparel of him or his family, nor any cow, sheep, or hog, or any stove or firewood exempted by law from seizure,) the aforesaid sum and costs, together with for the expenses of this execution, returning to the said the overplus, if any

there be, after having fully satisfied the aforesaid sum of

WITNESS

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Preamble.

6. W. 4. Cap.

29.

11. G. 4. Cap. 20.

An Act to continue, for a limited period, the certain Acts therein

mentioned.

[18th Septemher, 1841.]

HEREAS, it is expedient to continue for a limited period the certain Acts of the Legislature of that part of this Province called Upper Canada, hereinafter mentioned; 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 the Act of the said Legislature, passed in the sixth year of the Reign of His late Majesty, King William the Fourth, and intituled, An Act to repeal an Act passed in the forty-ninth year of the Reign of His late Majesty King George the Third, intituled, An Act to encourage the destroying of Wolves in this Province, and to make further provision for exterminating those destructive animals, shall be, and the said Act is hereby continued, and shall remain in full force and effect in that part of the Province heretofore called Upper Canada, until the first day of November, which will be in the year of our Lord one thousand eight hundred and fortyfour, and thence to the end of the next Session of the Parliament of this Province, and no longer, any thing in the said Act to the contrary notwithstanding.

II. And be it enacted, that an Act passed in the eleventh year of the Reign of His late Majesty George the Fourth, intituled An Act to authorize the Quarter Sessions of the Home District to provide for the relief of Insane Destitute Persons in that District; and also, an Act passed in the third year of the Reign of His late 3. W. 4. Cap. Majesty William the Fourth, intituled An Act to continue an Act passed in the cleventh year of His late Majesty's Reign, intituled An Act to authorize the Quarter Sessions of the Home District to provide for the relief of Insune Destitute

46.

Persons

Persons, in that District, shall be, and the same are hereby continued, and shall
remain in full force and effect, in that part of the Province heretofore called
Upper Canada, until the first day of November, which will be in the year of our
Lord one thousand eight hundred and forty four, and thence to the end of the next
Session of the Parliament of this Province, and no longer, any thing in the said
Act to the contrary notwithstanding.

7. W. 4. Cap.

III. And be it enacted, that the Act of the Legislature of that part of this Province called Upper Canada, passed in the seventh year of the Reign of His late Majesty William the Fourth, intituled An Act to establish Agricultural Societies, and 23. to encourage Agriculture in the several Districts of this Province, shall be, and the same is hereby continued, and shall remain in full force and effect, in that part of the Province heretofore called Upper Canada, until the first day of November, which will be in the year of our Lord one thousand eight hundred and forty-four, and thence to the end of the next Session of the Parliament of this Province, and no longer, any thing in the said Act to the contrary notwithstanding.

CA P. XXIV.

An Act for improving the administration of Criminal Justice in this
Province.

[18th September, 1841.]

Preamble.

WE HEREAS it is expedient, with a view to improve the administration of Justice in Criminal Cases in this Province, to define under what circumstances persons may be admitted to bail in cases of Felony; and to make better provision for taking examinations, informations, bailments and recognizances, and returning the same to the proper tribunals; and to relax in some instances the technical strictness of criminal proceedings, so as to insure the punishment of the guilty without depriving the accused of any just means of defence; and to abolish the benefit of clergy and some matters of form which impede the due administration of Justice; and to make better provision for the punishment of offenders in certain cases; Be it therefore enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and 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 where any person shall be taken on a charge of felony, or bail on a charge

suspicion

Who may be admitted to

who may not.

of felony, and suspicion of felony, before one or more Justice or Justices of the Peace, and the charge shall be supported by positive and credible evidence of the fact, or by such evidence as if not explained or contradicted, shall, in the opinion of the Justice or Justices raise a strong presumption of the guilt of the person charged, such person shall be committed to prison by such Justice or Justices in the manner hereinafter mentioned; but if there shall be only one Justice present, and the whole evidence given before him shall be such as neither to raise a strong presumption of guilt, nor to warrant the dismissal of the charge, such Justice shall order the person charged to be detained in custody, and such person shall be taken before two Justices at the least; and where any person so taken, or any person in the first instance taken before two Justices of the Peace, shall be charged with felony or on suspicion of Felony, and the evidence given in support of the charge, shall, in the opinion of such Justices, not be such as to raise a strong presumption of the guilt of the person charged, and to require the committal of such person, or such evidence shall be adduced on behalf of the person charged as shall, in the opinion of such Justices, weaken the presumption of guilt, but there shall, notwithstanding, appear to such justices, in either of such cases, to be sufficient ground for judicial inquiry into the guilt of the person charged, such person shall be admitted to bail by such two Justices in the manner hereinafter mentioned: Provided always, that nothing herein contained shall be construed to require any such Justice or Justices to hear evidence on behalf of any person so charged as aforesaid, unless it shall appear to such Justice or Justices, to be meet and conducive to the ends of justice to hear the same.

Before any person charged

with felony &c. shall be bailed

or committed, the Justice

shall take down

in writing the examination

&c., and bind appear at trial.

witnesses to

II. And be it enacted, that two Justices of the Peace, before they shall admit to bail, and one or more Justice or Justices, before he or they shall commit to prison, any person arrested for felony, or on suspicion of felony, shall take the examination of such person, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing, in the presence of the party accused, if he be in custody, who shall have full opportunity afforded him of cross-examining such witnesses, if he shall think proper so to do, and the two Justices admitting to bail shall certify the bailment in writing; and every such Justice shall have authority to summon any person within his jurisdiction, whom he shall have reason to consider capable of giving material evidence concerning any such felony or suspicion of felony, and to examine such person on oath, touching the same, and to bind by recognizance all such persons as know or declare any thing material touching any such felony, or suspicion of felony, to appear at the next Court of Oyer and Terminer, or Gaol Delivery, or other Court at which the trial of such offence is intended to be had, then and there to prosecute and give evidence against the party accused; and such Justices and Justice, respectively, shall subscribe all such examinations, informa

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