with the examination of the witness or witnesses on oath, and to give judgment accordingly, awarding costs for the successful party; and when the party accused or complained against shall be convicted of such offence, or if judgment be given in favour of the Prosecutors for the sum of money sought to be recovered, or for any part thereof, on proof or by confession, to issue a Warrant or Warrants, to be signed and countersigned as aforesaid, requiring any Constable or Bailiff, of the goods and chattels belonging to the party convicted, or against whom such judgment shall be rendered, to levy the amount of such judgment, or of any penalty or fine to be imposed by such conviction, as the case may be, and costs of suit, and to cause sale thereof to be made; which Warrant shall authorize any Constable or Bailiff to execute such Warrant in any part of the District of Montreal, by saisie and sale of any goods and chattels which shall and may be found in the said District, appertaining to the person or persons against whom such Warrant shall thus be issued; and when the goods of a person so convicted, or against whom a judgment shall be given, shall not prove sufficient to satisfy such Warrant, upon a return to that effect, the said Court, by a further Warrant to be signed and countersigned as aforesaid, to be addressed to any Constable or Bailiff, may and shall cause to be apprehended and committed, the person against whom such judgment shall have been so given, or the person so convicted, to the Common Gaol of the District in which such person may be found, there to remain until the penalty imposed by such Court, or the amount of the judgment given, with the costs in either case, shall have been paid and satisfied: Provided always, that no person so committed shall be detained in gaol more than one calendar month; and provided also, that such imprisonment shall not in any case have the effect of satisfying the said judgment, or of debarring the said prosecutors from enforcing payment of the said judgment, by seizure of any goods or chattels, or lands and tenements, liable to seizure, that may afterwards be found belonging to the said parties, or by any other legal means or process whatsoever, other than imprisonment of the said parties; and where imprisonment for any time is the punishment to be suffered by any person or persons under any conviction or convictions to be pronounced by the said Recorder's Court, the said last mentioned Court, by a Warrant, to be signed and countersigned as aforesaid, and to be addressed to any Constable or Bailiff, shall cause such person so ordered to be imprisoned, to be forthwith apprehended, if not already in custody, and when so in custody, or subsequently apprehended, to be committed to the Common Gaol of the District in which such person may be found, there to remain for the time he may be so condemned to be imprisoned. Recorder's defined. 80. And be it enacted, That it shall be lawful for the said Powers of the Recorder's Court to cause order to be preserved in the said Court further Recorder's Court, and to punish by fine or imprisonment any person guilty of any contempt of the said Court or of any member thereof, if such contempt be committed during the sitting, and in the presence of the said Recorder's Court; to enforce the attendance of any witnesses in any action, cause or prosecution, that may be pending before the said Recorder's Court, and to compel such witnesses to answer all lawful questions; to authorise and require the examination of any party on interrogatories on facts and articles faits et articles, or on the juramentum litis decisorium, or on the juramentum judiciale, in the same and like cases and circumstances in which such examination may be lawfully required and had in the ordinary Courts of Civil Jurisdiction in Lower Canada; and to cause the execution of, and obedience to any Order, Precept, Writ, Process or Warrant, that may issue, from the said Recorder's Court, for any one or more of the purposes aforesaid, by the like means as are used for any such purpose or purposes in the ordinary Courts of Civil Jurisdiction in Lower Canada. And it shall be lawful for the Council of the said City of Montreal, to appoint so many Bailiffs of the said Court, as the said Council may think fit; and to make and settle a tariff of the fees which should be exacted by the Clerk of the said Recorder's Court and by the Bailiffs and other such Officers, to be employed As to the ap pointment of a Recorder for the City of Montreal, & c. in and about the said Recorder's Court: Provided always, that no fee shall be exacted under such tariff until such tariff be approved of by the Governor in Council. And it shall be the duty of the Clerk of the said Recorder's Court, to prepare and make out all the Precepts, Writs, and Processes severally that may issue from the said Court, and in a Register, to be kept for that purpose, to enter in a succinct manner all the proceedings had in the said Court, and to record at full length all the judgments rendered, and convictions pronounced by the said Court, but not to take in writing the depositions of witnesses or of parties examined in the said Court; and any person who shali, either as a party or as a witness, wilfully and corruptly give false evidence, in any cause, suit, action, prosecution, or other proceeding in the said Recorder's Court, shall be deemed guilty of wilful and corrupt perjury, and shall be liable to the penalties of wilful and corrupt perjury; and any Member of the said Council, excepting the Mayor, Aldermen, or Councillors of the said Council then sitting in the said Court, and any Member, Officer, or Servant of the said Corporation, shall be a competent witness in any suit or prosecution that may be instituted in the said Recorder's Court, if he have no direct interest in the issue of such suit or prosecution, or be not otherwise rendered incompetent; any law, usage, or custom to the contrary notwithstanding. And any toll, assessment, tax, duty or impost, fine or penalty, that may be sued for in the said Recorder's Court, shall be recoverable there, upon the oath of one credible witness; and any person prosecuted in the said Court, for any offence that may be heard and determined by the said Court, shall be liable to be convicted on the oath of one credible witness. 81. And be it enacted, That the Recorder for the said City of Montreal shall be a Barrister of that part of the Province of Canada heretofore Lower Canada, of not less than five years' standing, and shall be appointed by the Crown during pleasure, and such Recorder shall be ex-officio a Justice of the Peace, in and for the said City and District of Montreal, and shall receive a salary of not less than Three Hundred Pounds per annum, payable monthly out of the Funds of the Record 82. And be it enacted, That it shall be lawful for the Further powers said Recorder's Court to be held and to sit daily, and as er's Court. many times as may be necessary each day, without previous notice or time fixed, to summarily hear and determine upon the case of any person offending against the provisions of the said Ordinance passed in the second year of Her Majesty's Reign, and intituled, An Ordinance for establishing an efficient system of Police in the Cities of Quebec and Montreal, or the provisions of any Act or Acts concerning assessments to be raised in the said city, or concerning markets, or against any By-law, Rule, Regulation or Order now in force, or that may be hereafter in force in the said city; and upon the case of any vagrant, loose, idle or disorderly person, and other offenders arrested by or in charge of the Police of the said city, the cases of persons arrested on view, or immediately after the commission of any offence, or by warrant issued out of the said Court, or by the said Recorder, or by any Justice of the Peace for the said District of Montreal; and it shall and may be lawful for the Police or Constabulary Force of the City of Montreal, or for any other Peace Officer or Constable, to bring before the said Recorder's Court, or before the said Recorder, or, in case of his absence as aforesaid, before the Mayor, or such of the Aldermen or Councillors of the said city as may be appointed to act in his stead, in the City Hall of the said city, any person offending as aforesaid against the provisions of the said Ordinance, against any Act or Acts concerning assessments or markets, or against any By-law, Rule, Regulation or order now in force, or that may hereafter be so, in the said city, and any vagrant, loose, idle or disorderly per fines, &c., are to be recovered and applied. son, and every person arrested as such, to be then and there dealt with according to law, as the said Recorder's Court, the said Recorder individually, or the Mayor, Alderman or Councillor aforesaid, may adjudge and determine. How certain 83. And be it enacted, That all fines and penalties imposed by any By-law, Rule, Order or Regulation, which may be in force at the time of the passing of this Act, whether made by the Justices of the Peace for the said District, before the passing of the said Ordinance to incorporate the City and Town of Montreal, or by the said Council, since the passing of that Ordinance, or hereafter to be made by the said Council, and all fines and penalties imposed by this Act or any Acts concerning any market or markets in the said city, or by any Act concerning any assessment, tax or duty to be raised in the said city, or by the said Ordinance, intituled, An Ordinance for establishing an efficient system of Police in the Cities of Quebec and Montreal, which shall or may be prosecuted for, or recovered in the said Recorder's Court; and generally, all fines and penalties, sued for, recovered, imposed or levied in the said Court, shall be recovered in the name of "the Mayor, Aldermen and Citizens of the City of Montreal," and for the use of that Corporation, and shall belong to and form part of the General Funds of the said city, and in no other name or for no other use. And it shall be lawful for the said Council to remit any such fine or penalty, or to accept payment of any such fine or penalty from any party willing to pay the same without prosecution, and all fines or penalties that may be so paid without prosecution shall form part of the General Funds of the said city. to be transfer Recorder's Court. Records, regis 84. And be it enacted, That all and every the Reters, &c., of Mayor's Court, cords, Registers, Documents and Proceedings of the Mayor's red over to the Court of the said City of Montreal, shall forthwith after this Act shall come fully into effect, be transmitted into, and make part of the Records, Registers, Documents and Proceedings of the said Recorder's Court hereby established, and the said Mayor's Court shall, after the time aforesaid, cease to be held in the said city, and that no Judgment, Order, Rule or Act of the said Mayor's Court legally pronounced, given, heard or |