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past, being within one month from the date hereof, A. B., an
insane person confined in the Penitentiary, at Stony Mountain,
of which I,
am Warden, did escape from

the said Penitentiary:

These are therefore to authorize and command you, or any of you, the said Constables or Peace Officers in Her Majesty's name at any time within one month from the date of the said escape, to retake the said A. B., and safely convey him to this Penitentiary and deliver him into my charge.

Given under my hand and seal this day of

aforesaid.

at

in the year of Our Lord

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in the County

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An Act further to amend "The Supreme and Exchequer
Court Act."

HER

[Assented to 15th May, 1879.]

ER Majesty, by and with the advice and consent of Preamble. the Senate and House of Commons of Canada, enacts as follows:

equity cases,

nally insti

1. Subject to the provisions hereinafter contained, an Appeal in appeal shall lie to the Supreme Court of Canada from any or in the na decree, decretal order, or order made in any suit, cause, ture of equity matter or other judicial proceeding originally instituted in cases, origi any superior court of equity in any Province of Canada, tuted in any other than the Province of Quebec, and from any decree, Superior decretal order, or order in any action, suit, cause, matter Province exor judicial proceeding in the nature of a suit or proceeding cept Quebec. in equity which shall have been originally instituted in any superior court in any Province of Canada other than the Province of Quebec.

Court, in any

made in exer

tion.

2. No appeal shall lie from any order made in any No appeal action, suit, cause, matter or other judicial proceeding which from orders shall have been made in the exercise of the judicial dis- cise of judicretion of the court or judge making the same; but this cial discreexception shall not include decrees and decretal orders in suits, causes, matters or other judicial proceedings in equity, Exception, as or in actions or suits, causes, matters, or other judicial pro- to equity ceedings in the nature of suits or proceedings in equity instituted in any superior court.

VOL I-191

3

cases.

Appeal from final judgments only

in Superior

Courts of
Law, or in
Superior

Court

Quebec.

Appeal from

3. An appeal shall lie from final judgments only in actions, suits, causes, matters and other judicial proceedings originally instituted in the Superior Court of the Province of Quebec, or originally instituted in a superior court of common law in any of the Provinces of Canada other than the Province of Quebec.

4. An appeal shall lie to the Supreme Court from the judgment judgment, rule, order or decision upon any motion to set setting aside award in any aside an award, or upon any motion by way of appeal Superior from an award made in any superior court of law or Court, except in Quebec. equity in any of the Provinces of Canada other than the Province of Quebec.

Appeal to lie only from highest Court

in the Pro

5. Except as hereinafter provided for, no appeal shall lie to the Supreme Court, but from the highest court of last of last resort resort having jurisdiction in the Province in which the action, suit, cause, matter or other judicial proceeding was as hereinafter originally instituted, whether the judgment or decision in such action, suit, cause, matter or other judicial proceeding may or may not have been a proper subject of appeal to such highest court of last resort.

vince; except

provided.

Appeal by leave, from final judg ment of a Superior

Court, with

out intermediate ap

6. An appeal shall lie to the said Supreme Court by leave of the said last-mentioned court, or a judge thereof, from any decree, decretal order, or order made or pronounced by a superior court of equity, or made or pronounced by any equity judge or by any superior court in any action, cause, matter or other judicial proceeding in the nature of a suit or vincial Court proceeding in equity, and from the final judgment of any superior court of any Province other than the Province of Quebec, in any action, suit, cause, matter or other judicial proceeding originally commenced in such superior court, without any intermediate appeal being had to any intermediate court of appeal in the Province.

peal to pro

of Appeal.

Except in Quebec.

Next preceding section not to prevent appeals in

7. Nothing in the next preceding section contained shall be taken to prejudice or affect the appeal as of right from all final judgments, and from decrees, decretal orders, equity cases and orders in suits, causes and matters or other judicial proceedings in equity, already provided for by this Act.

above pro

vided for.

No appeal in Quebec except in certain cases;

from Court

8. No appeal shall be allowed from any judgment rendered in the Province of Quebec in any action, suit, cause, matter or other judicial proceeding, wherein the and then only matter in controversy does not amount to the sum or value. of two thousand dollars, unless such matter, if less than that amount, involves the question of the validity of an Act of the Parliament of Canada, or of the Legislature of any of the Provinces of Canada, or of an Ordinance or Act of any of the Councils or legislative bodies of any of the Territories or

of Queen's

Bench.

Districts

Districts of Canada, or relates to any fee of office, duty, rent,
revenue or any sum of money payable to Her Majesty, or to
any title to lands or tenements, annual rents or such like
matters or things where the rights in future might be
bound: Provided that such appeals shall be from the Court Proviso.
of Queen's Bench only.

9. The words "final judgment" in this Act contained, Interpretamean any judgment, rule, order or decision, whereby the tion of term "final judg action, suit, cause, matter or other judicial proceeding, is ment." finally determined and concluded

certain_cases.

10. An appeal shall lie to the Supreme Court from the Appeal on judgment, rule, order or decision of any court or judge on objection to preliminary any preliminary objection to an election petition, the allow- an Election ance of which shall have been final and conclusive, and Petition, in which shall have put an end to the petition, or which would, if allowed, have been final and conclusive and have put an end to the petition: Provided always, that an appeal in the Proviso: as last-mentioned case shall not operate as a stay of proceedings to stay of proceedings. or to delay the trial of the petition, unless the court, or a judge of the court appealed from, shall so order; and provided also, that no appeals shall be allowed under this section Proviso: as in cases in litigation and now pending, except cases when to cases now pending, the appeal has been allowed and duly filed.

certain classes

11. Appeals in Exchequer cases, cases of rules for new Appeals in trials and cases of mandamus, habeas corpus and municipal of cases not by-laws shall not be in any way affected by the provisions affected. of this Act.

istration of

12. The oath of office, to be taken by a Judge of the said As to adminSupreme and Exchequer Court previously to his exercising oath of office the duties of his office as required by "The Supreme and Ex- to a Judge of chequer Court Act," may, in the absence or illness of the the Court. Chief Justice, be administered by any other judge of the court present at Ottawa.

the nature of

13. It is hereby declared that the true construction and Intent of Act as to appeals meaning of the said Supreme and Exchequer Court Act shall in cases in be taken and deemed to have been and to be, that all orders, equity,or in decretal orders, decrees and decisions of any superior court cases in equimade in any suit, cause, matter or other judicial proceeding ty, declared. in equity, or in any action, suit, cause, matter or other judicial proceeding in the nature of a suit or proceeding in equity are, and always have been, the proper subjects of appeal to the said Supreme Court, subject however, to the provision in the said Act contained, that an appeal shall lie only from the highest court of final resort in the Province: Provided always, that nothing herein contained shall apply Exception as to any case already argued and now standing for judgment, to cases now or to any case set down for hearing, in which objection as to the jurisdiction of the court has been made.

pending.

Section 31 amended.

Appeals to be

set down for bearing in a list to be

divided into

three parts, numbered

Order of

hearing and disposing of them.

Section 13 repealed.

New pro

sessions

yearly.

14. Section thirty-one of "The Supreme and Exchequer Court Act" is hereby amended by inserting after the word "thereof," in the sixth line, the words, "or to the satisfaction "of the Supreme Court or a judge thereof."

15. The appeals set down for hearing shall be entered, by the registrar of the court, on a list, divided into three parts, and to be numbered and headed as follows: "Number one, Maritime Province cases;" "Number two, Quebec cases;"

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Number three, Ontario cases." And it shall be the duty of the registrar to enter all cases from the Maritime Provinces on part numbered one, and all cases from the Province of Quebec on part numbered two, and all cases from the Provinces of Ontario, Manitoba and British Columbia on part numbered three, in the order in which they are respectively received; and the said cases shall be taken and disposed of in the order in which they are so entered, unless otherwise ordered by the court.

16. Section thirteen of "The Supreme and Exchequer Court Act," is hereby repealed, and the following is substituted in lieu thereof:

"13. The said Supreme Court, for the purpose of hearing vision-Three " and determining appeals, shall hold annually, at the City of "Ottawa, three sessions; the first beginning on the third "Tuesday of February; the second, on the first Tuesday in "May, and the third, on the fourth Tuesday in October. in "each year; and each of the said sessions shall be continued "until the business before the court shall have been dis"posed of."

Proviso: as

17. Section sixteen of this Act shall not apply to interfere to June sess- in any way with the sitting of the said court about to be held in the month of June in the present year, which shall be held as if section sixteen of this Act had not been passed.

ion, 1879

Section 12 amended.

Proviso

Judgment

of Judges

18. Section 12 (twelve) of the said Act, passed in the thirty-eighth year of Her Majesty's Reign, is hereby amended by adding thereto the following proviso, which shall be read as if the same had been originally part of such twelfth section :

-

Provided always, that it shall not be necessary for all the added. judges who may have heard the argument in any case to may be given be present in order to constitute the court for delivery of by a majority judgment in such case, but that notwithstanding the absence of any of such judges, from illness or any other cause, judg ment may be delivered by a majority of the judges who were present at the hearing of the appeal, and any of the judges who may have heard the appeal, and may be absent at the delivery of judgment, may cause to be delivered to

who have heard the case.

Rights of absent Judges.

any

any judge present at the delivery of judgment, his judgment in writing, to be read or announced in open court, and then delivered to or left with the registrar or reporter of the

court.

19. This Act may be cited as "The Supreme Court Amend- Short title. ment Act of 1879."

CHAP. 40.

An Act to amend "The Maritime Jurisdiction Act,

1877."

[Assented to 15th May, 1879.]

ER MAJESTY, by and with the advice and consent of Preamble. the Senate and House of Commons of Canada, enacts

as follows:

mortgagees

1. No right or remedy in rem given by "The Maritime Rights of Jurisdiction Act, 1877," shall be enforced as against any certain bona fide mortgagee under a mortgage duly executed and protected. registered prior to the first day of October one thousand 40 V., c. 21. eight hundred and seventy-eight.

2. No right or remedy in rem given by the said Act in And as to respect of claims for towage, or claims for damage done by damage by towage and collision by any ship, shall be enforced as against any collision." bona fide mortgagee, whose mortgage is duly executed and registered at a port of either of the Provinces of Ontario or Quebec.

CHAP. 41.

An Act to continue in force for a limited time "The better Prevention of Crime Act, 1878."

HER

[Assented to 15th May, 1879.]

ER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows:

1. The Act passed in the forty-first year of Her Majesty's Act 41 V., c. reign, chapter seventeen, and intituled "An Act for the 17 continued

to end of next better Session.

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