Repeal of Con. which the venue in any such case is laid in any other County in Upper Canada. 3. The one hundred and twenty-fourth section of chapter Stat. U. C., c. thirty-one of the Consolidated Statutes for Upper Canada, is hereby repealed. 31, s. 124. CAP. XLVII. Preamble. C. 54 s. 375, of An Act to amend the law respecting the appointment of Recorders in Upper Canada. WH [Assented to 15th August, 1866.] HEREAS it is expedient to amend the provisions of the three hundred and seventy-fifth section of the Act respectCon. Stat. U. C. ing the Municipal Institutions of Upper Canada, being chapter fifty-four of the Consolidated Statutes for Upper Canada, so far as the same extends to the appointment of Recorders: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: By what tenure hold office. Preamble. Sub. sect. added to s. 90. Registrar of deeds may be -appointed in Nepissing. 1. Every Recorder holding office when this Act takes effect, as well as Recorders hereafter appointed, shall hold their offices during good behavior, but shall be subject to removal by the Governor for inability or misbehavior, in case such inability or misbehavior be established to the satisfaction of the Court of Impeachment for the trial of charges against Judges of County Courts and Recorders of Cities. CAP. XLVIII. An Act to amend chapter one hundred and twentyeight of the Consolidated Statutes for Upper Canada, intituled: An Act respecting the Administration of Justice in the unorganized tracts. [Assented to 15th August, 1866.] ER Majesty, by and with the advice and consent of the follows: 1. The following words shall be read as, and shall be, a subsection to and immediately following the ninetieth section of the said Act, namely: "1. The Governor in Council may also appoint a Registrar of Deeds in the Judicial District of Nepissing, who shall register all deeds and other conveyances and agreements relating to lands lands situate in any part of the said Judicial District and laid out and surveyed by the Crown; the said Registrar shall keep his office in a place to be named for that purpose in his commission, or at such other place as may be appointed for that purpose, from time to time, by the Governor in Council, and his duties shall be the same as the duties of other Registrars under the Register Laws of Upper Canada; his fees shall be Fees or salary. the same as those appointed by the Registry Laws of Upper Canada, or the Governor in Council may order an annual salary not exceeding eight hundred dollars, to be paid to the said Registrar out of the Consolidated Revenue Fund of this Province, in lieu of such fees, which fees shall in such case be paid into such Revenue." CAP. XLIX. An Act to amend the Act respecting Attorneys at Law. [Assented to 15th August, 1866.] ER Majesty, by and with the advice and consent of the as follows: Preamble. Sections of 1. The Sections of Chapter Thirty-five of the Consolidated Statutes for Upper Canada, intituled: An Act respecting Con. Stat. U.C. Attorneys at Law, numbered forty-five, forty-six, forty-seven, c. 35, repealed. forty-eight, forty-nine, fifty-three, fifty-four and fifty-six, shall be and the same are hereby repealed. Annual certificates. 2. The Benchers of the Law Society of Upper Canada, may, Fees payable by rule, appoint a sum not exceeding fifteen dollars, in respect by Practising of all of the Courts of Queen's Bench, Chancery and Common Attorneys. Pleas, to be annually paid to the Treasurer of the said Society by every practising Attorney or Solicitor of all or any of the said Courts. 3. Each practising Attorney and Solicitor shall obtain from Annual certifithe Clerks of the Courts of Queen's Bench and Common Pleas, cate to be oband the Registrar of the Court of Chancery, if practising in tained by them such Court, annually, before the last day of Michaelmas Term, a certificate under the seal of such Court, stating that he is a practising Attorney in such Court, and upon the production of such certificate to the Secretary of the Law Society, annually, in Michaelmas Term, and the payment of all fees and dues payable by such Attorney or Solicitor to the said Society, the Secretary shall write his name on the margin thereof, with the date thereof, and such certificate shall be taken as issued only from such date. Fees to be paid before certificate granted. Fine for neg certificate, 4. No such certificate shall be issued to any Attorney or Solicitor, who is indebted to the said Society for any term of other fee payable to the Society, nor until the annual fee for each certificate prescribed by the rule of the said Society is paid. 5. If any Attorney or Solicitor omits taking out such annual lect to take out certificate in Michaelmas Term, he shall not be entitled thereto until he pays to the said Treasurer, not only the certificate fee, so appointed as aforesaid, together with any fees or dues which he owes to the said Society, but also an additional sum by way of penalty, in respect of each of such Courts, as follows: Amount of fine. Penalty for practising without a certificate. If such certificate be not taken out before the first day of Hilary Term, the further sum of two dollars; if not before the first day of Easter Term, the further sum of three dollars; and if not before the first day of Trinity Term, the further sum of four dollars. 6. If any Attorney or Solicitor practises in any of the said Courts of Queen's Bench, Chancery or Common Pleas, respectively, without such certificate in each and any year of his practice, he shall be liable to be suspended from practice for a r any such offence, in all of such Courts for a period of not less than three nor more than six months, and to continue so suspended until the fee upon his certificate for such year in which he so practised without certificate, together with a penalty of forty from practice. dollars, is paid to the Treasurer of the Law Society, and the proceedings for such suspension may be taken in any of the said Courts, and upon the rule being made absolute for such suspension in any of the said Courts, such Attorney or Solicitor shall be suspended from practice in the other Courts in the same manner, and for the same period, as if the rule had been made absolute also in each of the said other Courts. Suspension Time of clerks vice may be allowed. 7. The Benchers of the Law Society shall at all times have on Militia ser- full power and authority to allow any clerk under articles to a practising Attorney or Solicitor, as part of his term of service, all and every period of time that such clerk may be employed in the Volunteer or General Militia Service when such Volunteer or General Militia are called out for actual service. CAP. CAP. L. An Act to amend the Law respecting appeals in cases of Summary Convictions, and Returns thereof by Justices of the Peace in Upper Canada. [Assented to 15th August, 1866.] He Matity' Council and Assembly of Canada, enacts as ER Majesty, by and with the advice and consent of the Preamble. follows: 1. In all cases of appeal from any order, decision or con- Appeal to be viction made or had before any Justice or Justices of the Peace decided on the in Upper Canada, under the law relating to appeals from Sum- merits. mary Convictions, the Court to which such appeal is made shall hear and determine the charge or complaint on which such order, decision or conviction shall be made or had, upon the merits, notwithstanding any defect of form or otherwise in such conviction; and if the person charged or complained Convictions against shall be found guilty, the conviction shall be affirmed, may be amend and the Court shall amend the same, if necessary, and any conviction so affirmed or affirmed and amended shall be enforced in the same manner as convictions affirmed in appeal are now enforced. ed. fied and aban 2. And for the more effectual prevention of frivolous appeals, Costs allowed any Court of Quarter Sessions or Recorder's Court, upon proof on appeals noti of notice of any appeal to such Court having been given to the doned. party or parties entitled to receive the same, though such appeal was not afterwards prosecuted or entered, may, if such appeal shall not have been abandoned according to law, at the same Court for which such notice was given, order to the party or parties receiving the same such costs and charges as by the said Court shall be thought reasonable and just to be paid by the party or parties giving such notice, such costs to be recoverable in the manner provided for the recovery of costs upon an appeal against an order or conviction. made. 3. It shall not be necessary, for any Justice or Justices When only before whom any trial or hearing is had under any law, giving return need be jurisdiction in the case, and who convicts and imposes any fine, forfeiture, penalty or damages upon any defendant, to make a return thereof in writing under his or their hand or hands, until the Quarter Sessions to which a party complaining can by law appeal, and it shall be sufficient if such return. be made to such Quarter Sessions. Recogrizance of appellant not in custody. Act limited to Preamble. 4. In all cases of appeal, when the appellant is not in custody, he shall enter into a recognizance with two sufficient sureties in manner provided by the Act respecting Appeals in cases of Summary Conviction. 5. This Act shall apply only to Upper Canada. CAP. LI. An Act respecting the Municipal Institutions of HER [Assented to 15th August, 1866.] ER Majesty, by and with the advice and consent of the follows: EXISTING INSTITUTIONS CONTINUED. tinued. Municipal Cor- 1. The Inhabitants of every County, City, Town, Village, porations con- Township, Union of Counties and Union of Townships incor porated at the time this Act takes effect, shall continue to be a body Corporate, and every Police Village then existing shall continue to be a Police Village, with the Municipal boundaries of every such Corporation and Police Village respectively then established. Police Villages. Heads, Officers, continued. 2. The Trustees of every Police Village existing when this Act takes effect, shall be deemed the Trustees respectively of every such Village as continued under this Act. 3. The Head and Members of the Council, and the Officers, By-laws, &c., By-laws, Contracts, Property, Assets and Liabilities of every Municipal Corporation, and the inspecting Trustees of every Police Village existing when this Act takes effect, shall be deemed the Head and Members of the Council, and the Officers, By-laws, Contracts, Property, Assets and Liabilities of such Corporation, and Inspecting Trustees of such Police Village as continued under and subject to the provisions of this Act. Names of municipal Corporations. NAMES AND GOVERNING BODY. 1.-CORPORATIONS. 4. The name of every Body Corporate continued, or erected under this Act, shall be The Corporation of the County, City, Town, Village, Township, or United Counties, or United Townships (as the case may be) of (naming the same.) |