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CORNELL IJEIVERSITY 
 
 OCT 22 1907 
 XAW LIBSARY. 
 
 Cornell University Library 
 KEN 411854 
 
 The public statutes of New Brunswick :pa 
 
 3 1924 018 086 219 
 
 OJartifU Slam Bt^nni Ilibrarg 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924018086219 
 
THE 
 
 PUBLIC STATUTES 
 
 OF 
 
 NEW BRUNSWICK, 
 
 PASSED IN THE TEAE 1854, 
 
 TOGETHER WITH THOSE UNREPEALED BY THE RETISEL STATUTES. 
 
 VOLUME II. 
 
 PRINTED UNDEK THE AUTHOEITI OF AN ACT OF THE LEGISLATDKK. 
 
 FREDERICTON, N. B. 
 
 "J. SIMPSON, PRINTBB TO THE QUEEN's MOST EXCELIENT MAJESTY. 
 
 1854. 
 
FRBDEBICTOH, NEW BBirNSWieE: 
 
 PBISTED BT JOHN SIMPSON, AT THE KOTAl QAZETTE OFMCE, 
 
 EINQ STBSET. 
 
PREFACE. 
 
 In preparing the Second Volume of the Provincial Statutes, 
 my first object was, as directed by the Publication Act, to 
 separate the Public from the Local and Private Statutes, not 
 only as regards those passed last Winter, but those which 
 remained unrepealed by the Revised Statutes, and introduce 
 none but of a public nature. The two great Railways of the 
 Province, — " European and North American," and " Saint 
 Andrews and Quebec," — although both originating with private 
 Companies, I have considered and treated as public, the Gov- 
 ernment having since become bound to take Stock therein, 
 and being entitled by Law to assist in their management. 
 
 The Statutes passed contemporaneously with the Revised 
 Statutes, not having been printed and circulated in the usual 
 manner, have, for that reason, although last enacted, the first 
 place in the Volume. 
 
 Order of time, in arranging the unrepealed Statutes, had 
 also, in some measure, to be sacrificed to their classification. 
 
 The whole arrangement of this Volume has been made to 
 harmonize as closely as possible with that of the Revised 
 Statutes. 
 
 It may occasion some surprise that so large a Volume of 
 Public Acts should issue^after the revision of such a mass of 
 Statutes ; but it will be remembered that besides those of last 
 Winter's Session, which were passed contemporaneously with 
 the Revised Statutes, this Volume contains all such as relate to 
 the practice of the Law,pass'ed from the earliest period, in the 
 room of which the Law Commissioners proposed their amend- 
 ments, the consideration of which was postponed from that 
 Session. Besides these were all the Acts relating to the Ord- 
 nance, Elections, Savings' Banks, College, and Grammar 
 Schools, Railways, &c., which could not, from their peculiar 
 character, safely undergo revision. The only Acts omitted by 
 the Law Commissioners were four or five of a brief and com- 
 paratively unimportant nature. 
 
iv. PREFACE, 
 
 I beg to call more especial attention to the Errata at the 
 end of both Volumes. I found it impossible, with all the assist- 
 ance I had from my Secretary, W. H. Needham, Esquire, 
 to make the Index to the former Volume more complete, 
 owing to the hurry of printing so large a quantity of matter 
 within so short a period of time, besides being compelled to 
 put it to press immediately after the issue of the last Chap- 
 ter. It was found very difficult, also, to make an Index to the 
 Revised Statutes, which had already been compressed into a 
 more enlarged kind of digest, without the danger of nearly 
 reproducing the whole work. Some errors haye crept into the 
 second Volume also, notwithstanding the most diligent and 
 often repeated examinations of Mr. Needham and myself, 
 jointly as well as separately given. It is not indeed surprising 
 that such should occur, as we had to glean these Laws from a 
 mass of Statutes enacted, amended, repealed, revived, or con- 
 firmed, and scattered about in a number of books, in the most 
 >'oose manner, ranging over a period of nearly seventy yfears, 
 and, with the exception of the old first Volume, and the Acts 
 of 1849 and 1850, without revision or consolidation. 
 
 After finishing the revision or consolidation of the first 
 Volume, a large arrear of public business in the Gazette Office, 
 greatly increased by the recent short Session, has delayed the 
 issue of this Volume. The printing of the third, 80 consist of 
 the Local and Private Acts, cannot, I fear, be commenced 
 until the present Session is over. 
 
 A Table of Statutes considered obsolete, together with an 
 Appendix, containing two highly important Public Treaties, 
 and the Act of Parliament giving effect to the first one, will 
 be found at the close of this Volume. The mode of giving up 
 Criminals fleeing from justice to or from the United States or 
 this Province is by this Act regulated. 
 
 Should any other error be detected, as my authority only 
 extends to the republication of these Acts, the actual state of 
 the Law will remain unaltered. If, I however, the most labo- 
 rious research can preserve the public from the inconvenience 
 of any such errors, reliance may be placed on the accuracy of 
 this Edition. 
 
 W. B. KINNEAR. 
 
SECOND MPORT OF THE COMMISSIONERS. 
 
 To His Eeecdkncy Sir Edmund Walker Head, Baronet, Lieutenant Governor, 
 and Commander in ChiefoftheProvinQBofNew Brunswick, Sfc. 8;c. Sfc. 
 
 Mat it please Your Exoel'lenct, 
 
 Since our first Report made in accordance with Your 
 Excellency's Commission, and the Act of Assembly, we have 
 given attention to those matters required by thfe Act, which we 
 had not time to investigate on the former occasion, and also to 
 the finishing of the revision ; and now submit this second 
 Report, together with the printed revision of the Statutes, and 
 six Chapters on Equity Law Procedure. 
 
 Although we anticipated, when the first Report was pre- 
 sented, that we had nearly finished that part of our duty which 
 related to the revision of the Acts of Assembly, we found, on 
 further investigation, a large amount of labour in arrear in 
 that department alone ; and while superintending the printing 
 of the Chapters accompanying our first Report, we proceeded 
 to complete the codification of all that remained, with the ex- 
 ception of those Acts which required to be infused into the 
 Common Law and Chancery Reform, and such as are deemed 
 necessary to form a second Volume. 
 
 We have prepared also for the Revised Volume a Chapter 
 containing a Chronological List of all the Acts repealed by 
 our Codification. 
 
 We have to observe that we have received a very small 
 number of replies to the printed Queries, which we long 
 since forwarded to the Legislators, the Judges, Officers of 
 the Courts, Barristers, and Magistrates, throughout the Pro- 
 vince. The Chief Justice, the Master of the Rolls, Judge 
 Parker, and Judge Street, the Advocate General, the Hon. 
 Thomas Gilbert, the late Hon. Wm. Crane, and Richard Car- 
 man, Edward Smith, Wm. N. Buckerfield, John T. Williston, 
 and D. L. Dibblee, Esquires, are the only Gentlemen who have 
 sent in answers. 
 
vi. SECOND REPORT. 
 
 After the utmost consideration that we have been able to 
 give to the subject, we are constrained to differ from the 
 view taken by the three Judges and Master of the Rolls, 
 who have favoured us with their valuable suggestions on almost 
 every head of our enquiry, relative to a very important and 
 leading feature of reform, namely, the union of the Court of 
 Chancery with the Supreme Court, and have unanimously 
 decided on proposing such a union, according to the plan pre- 
 pared and now submitted, under the Title of "Supreme Court, 
 Equity side." 
 
 From this difference of opinion, and the importance of the 
 change from the existing mode of administering Equity both 
 in this country and in England, we feel it' to be necessary to 
 enter somewhat at large into the considerations which have 
 induced us to adopt this view. 
 
 We think there is no one branch of our Jurisprudence in 
 which we are so- deficient as in our Courts of Appeal. In the 
 Supreme Court we have four Judges, who, from a sound legal 
 education and long experience in the Common Law Courts, 
 are prepared at any time to settle principles of Law, after the 
 case has undergone a thorough sifting at Nisi Prius. What- 
 ever at times may be the doubts entertained of the soundness 
 of a decision thus given, the general feeling among the Profes- 
 sion has always been that of confidence in their finally matured 
 judgment, especially when each Judge has distinctly applied 
 his mind to the particular case, and given his reasons for the 
 opinion expressed. From this Court there is an appeal to 
 the Court of Error, consisting of the Head of the Government, 
 and his Council, which is open to some grave objections. The 
 matters of error are usually merely technical, and often for 
 that reason, and their extreme nicety, the more abstruse ; but 
 they may, by means of a Bill of Exceptions, and in some other 
 cases presented on the Record, become substantial ; in which 
 case it is obvious there is an appeal from the best Court in 
 the country to one singularly formed for the review of matters 
 decided by such a Court. In ordinary cases it is plain that the 
 judgment of this Court is liable to be reversed by the decision 
 of two or more professional gentlemen, at the very time in full 
 practice, whose judgment may be heated by contests with the 
 Judges, and by the violence of political debates ; while it is 
 
SECOND REPORT. VU. 
 
 possible the professional portion of this Court may one day 
 consist of the Attorney and Solicitor Generals alone, and either, 
 or even both of whom may have been Counsel in the cause 
 appealed from, and consequently disqualified from acting. If 
 these two gentlemen, supposing them to be qualified to sit, had 
 the decision of an important case in their hands, or the non- 
 professional members of the Council were to take part in it, 
 and the Governor were unacquainted with the ordinary prin- 
 ciples of Law, it must seem evident that such an appeal would 
 be a mere mockery. 
 
 In the Court of Chancery we have on the Bench a sound 
 }awy«r, and a gentleman thoroughly acquainted with Equity 
 Jurisprudence in all its branches. From any Order or Decree 
 made by him there is an appeal to the Governor as Chancellor, 
 in which case it becomes necessary to seek the assistance of 
 tine or more of the Common Law Judges, upon whom, in 
 general, from the peculiar circumstances, the responsibility of 
 affirming or reversing the Decree rests. Now here is perhaps 
 as great an anomaly as in the case of a Review by the Court ot 
 Error ; for the appeal is from the best judgment on points of 
 Equity Law and practice, often more complicated and abstruse 
 than the Common Law, to the judgment of those which, 
 although the best in their own department, and when at the 
 Bar undoubtedly good in this also, has become by disuse 
 necessarily liable to be strongly influenced by that which 
 wieighs strongest on the most learned and the most upright 
 minds, a delicacy in deciding against the views of one they 
 deem more thorough than themselves in the knowledge of the 
 principles they are called upon to review. 
 
 We conceive an appeal under such circumstances relieves 
 the Equity Judge from none of his heavy responsibilities, while 
 it throws a portion of them on those who feel themselves in a 
 certain sense not fully adequate to undertake them. 
 
 The result is, that in some of the heaviest cases which can 
 be conceived — such as the redress of breaches of trust and of 
 frauds of the most peculiar character, the issue of injunctions 
 to stay the hands of parties and even the Supreme Court 
 from intermeddling with property or proceeding with suits, and 
 requiring the literal performance of contracts — they all come to 
 be decilded substantially by a single individual, and that decision 
 
Vlll. SECOND REPORT. 
 
 given under a peculiar species of Law, which, although in 
 general better defined than is supposed, is yet spoken of as 
 exercised through " the conscience of the Court," and conse 
 quently must afford a pretty extensive latitude of interpretation 
 In cases of fraud especially, Courts of Equity undertake to 
 govern their decision by a much broader construction of what 
 constitutes fraud than Courts of Law. 
 
 In strong contrast with these vast powers wielded by a single 
 individual, we find the Supreme Court performing its branch 
 of jurisprudence by the instrumentality of four Judges, with 
 the aid of Juries and previous Nisi Prius trials, and in eases 
 where upon Common Law principles the wrong and the 
 remedy are both of a well defined and comparatively certain 
 description, while the importance of the demand can never 
 exceed that of amy litigated in a Court of Equity. 
 
 There can be no doubt that strong as the opinion is in favour 
 of the manner of administering Equity Law by the present 
 learned Judge, there is a degree of want of confidence in the 
 Court because of the deficiency experienced in no other of a 
 proper test of its soundness j and as our Province advances in 
 population and prosperity, with the occurrence of vacancies 
 which will often be filled by men chosen probably more from 
 regard to their political than their professional standing and 
 character, it can scarcely be expected that the people will 
 submit to be deprived of their property by the decision of a 
 single Judge, or to be obliged to cross the Atlantic for the 
 expensive judgment of the Judicial Committee of the Privy 
 Council. 
 
 We propose, therefore, as a remedy for these evils, to trans- 
 fer the whole jurisdiction of the Court of Chancery to the 
 Supreme Court, giving the Master of the Rolls, on the Bench 
 of the latter Coiirt, a position of precedence in accordance 
 with his present one, and conferring on that Court all the 
 powers of Chaneery, without a fusion of the principles or mode 
 of administration belonging to the respective Courts. We 
 ask particular attention to this last observation, because we 
 think there is some confusion of ideas on this subject, which 
 have served to create a prejudice against the union of the 
 Courts, when in fact we alter nothing but the instrumentality 
 by which Equity Law is for the future to be administered ; and 
 
SECOND REPORT. ix. 
 
 that chiefly for the purpose of giving power to, and confidence 
 in all that is already so valuable in its principles. 
 
 We propose that any one of these Judges shall decide a case 
 in Equity in tl^e first instance, with an appeal to the whole five 
 Judges in Term ; and that, agreeably to the present practice 
 in a suit at law, there should be no other, as we conceive 
 there can be no better, appeal than from the first decision in 
 this branch of jurisprudence, to the five Judges in the Supreme 
 Court. For a long time to come we think the country will 
 be satisfied with this one substantial appeal ; but if in some 
 singular case there should still be a desire to press the matter 
 further, the Judicial Committee of the Privy Council in 
 England, it seems to us, should be the end of that true scale 
 of ascent by which the best legal judgment can be had. 
 
 We do not propose this as the best arrangement under any 
 circumstances, but as the best which this country in its present 
 circumstances can offer ; nor are we insensible to the argument 
 that where five Judges of the Supreme Court will have to turn 
 their attention to so many branches of the Law, they cannot 
 be expected to reach the same eminence as when the sole time 
 and attention of one iVidividual has been bestowed on a parti- 
 cular department. Yet it must be remembered that when 
 professional gentlemen of standing now reach the Bench, it is 
 from a scene of laborious practice in every branch of our juris- 
 prudence ; and the knowledge thus acquired must necessarily 
 be rendered more complete by constant practice as Judges, 
 and be adequate 1o any effort put forth from the Bar. In 
 the United States there have been very eminent Judges, and 
 yet almost all of them have acted as Judges in Courts where, 
 not only Law and Equity, but Admiralty Law, have been thus 
 united ; and the union of the two former powers extends to a 
 very large majority of the State Courts. In 4 Kent's Corns. 
 163, Note (C) it is remarked that there are only four States 
 which have Courts of Equity separate from the Supreme or 
 Circuit Courts. 
 
 Even in England, where there are not less than seven Equity 
 Judges, and where Courts of Appeal abound, the union of the 
 Court of Chancery with the Courts of Common Law was, at the 
 time of the last Report of the Chancery Commissioners, under 
 deliberation, and only postponed as the subject of further con- 
 sideration. 
 
SECOND REPORT. 
 
 Mr. Justice Story in his first VqlHrne on Equity, referring to 
 one of the English Superior Courts, observes that " in some 
 of the States of the Union, distinct Courts of Equity are estab- 
 lished ; in others the powers are exercised concurrently with 
 Common Law Jurisdiction by the same Tribunal, being at 
 once a Court of Law and a Court of, Equity, somewhat 
 analagous to the Court of Exchequer in England." And 
 since the passing of a Statute towards the close of the Reign 
 of George III., authorizing the Chief Baron of this Court, or 
 one of the assistant Justices, to sit alone and hear causes in 
 Equity, with an appeal to the House of Lords, our proposed 
 change bears a still closer resemblance to the practice of the 
 Exchequer, a Court having both a Common Law and Equity 
 side, with at the same time a more urgent necessity for the 
 change, and with a greater advantage as respects this country, 
 in having an appeal to the full Bench of Judges. 
 
 We have not overlooked the difficulties which have been 
 urged against this amalgamation, as to the Sittings of the 
 Judges, and intermingling Jury trials with Equity hearings* 
 But we trust we have been enabled to meet these difficulties 
 by distinctly defining the powers of the single Judge, and those 
 of the Court, which we have endeavoured to effect by always 
 requiring one Judge to act where the Master of the Rolls now 
 acts, and the Court to adjudicate where the Chancellor is now 
 called upon when he sits as a Judge in Appeal. Where a Jury 
 is to be summoned for any Common Law interlocutory enquiry, 
 the time and place of its sitting must necessarily be fiir the 
 discretion of the Judge who requires the aid of a Jury to assist 
 him in giving Equity ; and when the case is to be heard by 
 evidence taken at the hearing in open Court, the same maybe 
 done as pointed out more at large in our accompanying details, 
 either at one of the monthly Sittings at Fredericton, or at any 
 of the Nisi Prius Courts where the greatest number of the 
 witnesses reside, or the Court shall direct. Whether evidence 
 is to be taken as now practised before a Master, or in open 
 Court, will be decided when the points to be proved are settled 
 by the Judge as hereinafter noticed ; and if a case is to be 
 heard at a NisiPrius Court, it is to be after the Jury causes are 
 over, when the Judge after a full hearing may at once decide, 
 or take time to do so in all important cases as at present. 
 
SECOND REPORT. XI. 
 
 We regret the inconvenience this change may occasion to 
 the present Judges of the two Courts, in obliging them to turn 
 their attention more directly to departments of jurisprudence, 
 to which, since reaching the Bench, they have been unaccus- 
 tomed ; but while in this and in some other respects hereafter 
 adverted to, their duties will be increased, we believe from the 
 various changes we have introduced in the practice of both 
 Law and Equity, greatly simplifying, and in many instances 
 entirely discontinuing the use of many portions of it, those 
 duties will be in those respects diminished. Nor are we with- 
 out the hope that from the strength and support which will be 
 experienced by a consultation and judgment of five learned 
 men, with the increasing confidence of the profession and the 
 country, they will ere long be satisfied with this alteration. 
 
 We have maturely considered the important question which, 
 in England, has of late occupied so much attention, that of 
 abolishing the ofiice of Master in Chancery, and should have 
 been prepared to imitate the example of that country ; but 
 from the vast diff^erence between their judiciary system and 
 ours, we have been unable to recommend any change for the 
 better without a corresponding change in that department. 
 It is to be remembered that in the Court of Equity alone in 
 the Mother Country there are seven Judges, who under the 
 new system, with each a Chief Clerk having powers corres- 
 ponding generally to those of a Master, and a second Clerk, 
 are able to accomplish all that was formerly done by the 
 Masters, besides taking the evidence in Causes, in order that 
 they may form a better judgment, as in Common Law Courts, 
 of the value of the testimony. 
 
 Although much of this evidence will by our plan be taken 
 before the Judge on the hearing, with all the advantage of a 
 decision on what he himself hears and sees, it would we think 
 be quite impossible for the five Judges to perform any more 
 duties ; and we cannot see that we can be better served in 
 those cases in which Masters will still be required, than b 
 Gentlemen already well accustomed to their business. At the 
 same time it will be seen the Court will have power to order 
 any Barrister, if no Master live convenient, or for other good 
 cause, to report on certain matters, and also scientific persons 
 when necessary ; besides it will not be possible with the pro- 
 
XU. SECOND REPORT. 
 
 posed changes unnecessarily to protract matters ; nor has the 
 evil ever existed in this country, although the system is the 
 same, to any thing like the extent prevailing in England. 
 
 In referring to the improvements we have proposed in the 
 Equity procedure, a careful perusal of the Code now submitted 
 might perhaps suffice without further observation ; but we think 
 it desirable to notice, in addition to the explanations already 
 given, a few leading particulars. In the first place, we have 
 prepared our proposed alterations in such a form that if they 
 meet the approbation of the Legislature, nothing further will 
 be necessary than to incorporate them at once with the revision 
 of the Acts of Assembly in their appropriate place. 
 
 It will be seen also that we have been indebted to the Impe- 
 rial Act passed in 1852 for many of the improvements here 
 introduced, while we were at the same time pleased to observe 
 a number of the changes of that Act, and the Rules passed in 
 accordance therewith, to have been long since anticipated by 
 the valuable Rules made during the tenure of office of the 
 present Master of the Rolls. 
 
 It may be necessary to mention that without the preparation 
 of an entire code of practice, which would be a work of enor- 
 mous magnitude, and which we were not called upon to 
 attempt, it was not possible to do more than improve or reform 
 the present system ;^ wherever therefore the Rules here pre- 
 sented do not embrace all cases which may occur, the existing 
 practice of the Court of Chancery in this Province must be 
 resorted to. 
 
 The whole is however subject to being further modified, for 
 the purpose of extending the proposed proyisions, by Rules 
 which the Judges are authorized to frame from time to time, 
 as has been extensively done in England since the passing of 
 the late Statute for improving the Practice in Chancery. 
 
 In one respect we have altogether departed from the old 
 mode of proceeding, by commencing every suit, unless where 
 an Injunction is sought, with a Summons briefly indicating the 
 abject of the suit, so as to give the party the opportunity before 
 a heavier expense is incurred of settling with the plaintiff. — 
 This is in conformity with the practice at Common Law, which 
 we think is wisely adapted to prevent a debtor from being 
 plunged at once into an expensive suit before, by notice, he has 
 been warned of the consequences. 
 
SECOND REPORT. xiil. 
 
 The proceeding also against a person out of tlie limits of the 
 Province is, we think, very tedious and expensive, when it is 
 considered that a Decree made in such cases is subject to being 
 reconsidered within certain periods of time. 
 
 In imitation of the late Common Law Procedure Act passed 
 in England, we at once substitute for the Act 3 W. 4, c. 19, 
 (which makes an order of appearance served on non-residents 
 necessary to entitle the plaintiff to a decree) the service of the 
 summons itself, heretofore held insufficient because out of the 
 jurisdiction of the Court, and instead of proceeding against an 
 absent person, (under the Act 48 G. 3, c. 2) by Bill filed, sub- 
 poena issued, affidavit of party having absconded to avoid 
 service, or being twelve months out of the Province after 
 cause of action accrued, an order for appearance founded on 
 proof of this fact, and this order published in the Royal 
 Gazette and posted up where he last dwelt, — we authorize the 
 Judge to make the order for appearance on affidavit of the 
 absence of any person, non-resident or otherwise, and of prima 
 facie grounds for filing a Bill, and to order the Bill pro confesso, 
 if no appearance be entered at the expiration of the time men- 
 tioned in the order. We are of opinion that this more simple 
 course, together with preserving, under some modification, the 
 right of the defendant; to have the decree reconsidered, will be 
 sufficient to protect any absent party from injustice. At the 
 same time there is nothing in the case of an absent debtor 
 more than that of a non-resident, to prevent a plaintiff from 
 having his summons served wherever the party may be found 
 out of the jurisdiction, and proceed according to the manner 
 we have pointed out. The last Act also affords no remedy 
 where it could not be shown that the defendant had absconded 
 to avoid process or had left before the cause of action accrued. 
 As every defendant may be required to answer the Bill of the 
 plaintiff on oath, we think the latter should be subject to the 
 same practice, especially since in conformity with the late 
 English Statute, the Bill is no longer to be hypothetical, but a 
 plain narrative of facts. Both these improvements are the 
 more important, as heretofore what a party stated in his Bill 
 could seldom be made evidence against him, from its garbled 
 and often untrue statements, which in fact was a part of the 
 system now happily at an end in England. We have there- 
 
XIV. SECOND REPORT. 
 
 fore followed the English change in this respect, as well as in 
 giving power to the defendant to exhibit interrogatories to the 
 plaintid^ in the same manner and for the same ends as the plains 
 tiff requires an answer from him, and without the great expense 
 and delay of a cross Bill. 
 
 It was well known to the practitioners in Chancery, that the 
 plaintiff may on the hearing, and with or without evidence 
 obtained, after issue joined, take such portions of the defend- 
 ant's answer as may establish any part of his case, and as this 
 was never done till the hearing, it was not possible precisely to 
 know how far proof might be required on the broad grounds 
 stated in the Bill and answer, which obliged the parties often 
 to seek for evidence beyond what might be necessary, for fear 
 of a deficiency in a matter so essential. To obviate this diffi- 
 culty, and make it clear to all parties what is required to be 
 proved, we have proposed a practice hitherto unknown in any 
 of our Courts, but long existing, we believe, in Scotland, by 
 which a Judge shall have power, after issue joined, in presence 
 of the Counsel on both sides, to settle what facts are admitted 
 and what denied, leaving only those not admitted by either 
 side to be established by evidence. 
 
 It may also be properly observed here, that we have abo- 
 lished what is called a rehearing after a decree, because all 
 that is gained by a rehearing may be had on an appeal ; and 
 as a Bill of Review is only used after a decree has been enrolled, 
 and a supplemental Bill in the nature of such Bill before enrol- 
 ment, for newly discovered facts, we have also abolished those 
 proceedings, an entry of the material facts of a cause in a 
 regular Decree Book having been substituted by us for the 
 enrolment; at the same time giving power to the Court to 
 hear any newly discovered facts on the appeal, which can only 
 be done on such a Bill, or such supplemental Bill, along with 
 any other defect in the proceeding objected to ; and by these 
 changes disposing of a large amount of delay and expense. 
 
 We should have been glad to enter somewhat at large into 
 an explanation respecting a great variety of improvements to 
 be found in the Chapters we now present to Your Excellency, 
 but fearing to be wearisome, we shall conclude our remarks on 
 this branch of the Law, merely observing in addition, that in 
 various proceedings in the Master's Office, in the foreclosure 
 
SECOND REPORT. XV. 
 
 and sale of Mortgages, in cases where Infants are interested, 
 in Partition of Lands, besides sundry Forms, we have endea- 
 voured by a great number of alterations to make the Practice 
 in Equity procedure more plain and simple, and far less 
 expensive. 
 
 We have nearly compTeted the preparation of various im- 
 provements in the Practice and Proceedings at Common Law, 
 which we hope shortly to submit to Your Excellency* 
 
 We have the honor to be ' 
 
 Your Excellency's obedient servants, 
 
 W. B. KiNNEAR, Solicitor General". 
 J. W. Chandler, 
 Charles Fisher. 
 
 Fredericton, ith JanvMry., 1854. 
 
THIRD EEPORT OF THE COMMISSIONERS. 
 
 To His Excellency Sir JEdmvnd TFalker Head, Baronet, Lieutenant Governor 
 and Commander in Chief of the Province of New BrimswicJe, S^o. SjO. Sfc, 
 
 May it please Yovr Excellency, 
 
 In our second Report which we had the honor to lay before 
 Your Excellency in the early part of the month, we stated the 
 progress we had made since the last Session of the Legislature 
 in the various duties of our Commission ; and we also accom- 
 panied it with the drafts of the Bills to abolish the Court of 
 Chancery, confer upon the Supreme Court the necessary Equity 
 Jurisdiction, and to simplify Equity Practice. 
 
 The six Chapters upon Equity Procedure were all that we 
 could complete in time to be presented to Your Excellency 
 with that Report, though the various subjects which we now 
 submit for the consideration of Ybur Excellency and the Legis- 
 lature had been long and maturely weighed, and the process 
 of reduction to a form fit for Parliamentary action nearly 
 completed. 
 
 The codification of the Public Acts is completed, and if there 
 is any omission in that department, we shall be able to supply 
 it before the various Chapters into which it has been divided 
 pass through the Legislature, and while we are arranging the 
 Private and Local Acts, which will form a second Volume. 
 
 In our first Report wjc referred to the principal alterations 
 and amendments we have suggested in the Acts codified, but 
 our object then being more to simplify and render intelligible 
 the Statute Law than to amend it, reform was necessarily a 
 secondary consideration. 
 
 During the past year we have been enabled to complete the 
 revision, and carefully consider the different subjects of enquiry 
 prescribed bj* the Legislature, and in this investigation we have 
 discovered various defects in the Law, the amendments to 
 supply which we propose to engraft upon the different Chap- 
 ters in their appropriate places. This was the first part of our 
 
THIRD REPORT. XVII. 
 
 duty, which in the language of the Act is stated to be, " as 
 " well to consolidate, simplify, revise, and arrange in one uni- 
 " form code, the Acts of Assembly, incorporating therein such 
 *' alterations and amendments as we should deem necessary." 
 
 We were also required "to report on the procedure of the 
 " Courts of Law and Equity, and to suggest such alterations as 
 " might appear to us, or a majority of us, best adapted to lessen 
 " expense and advance justice ; and especially to take into con- 
 " sideration the Law of Evidence as now existing in this Pr.i- 
 " vince, and the propriety of altering the same." 
 
 This enquiry compelled us to survey the whole condition 
 and machinery of the Courts of Law and Equity ; to ascertain 
 their adaptation to the present state and wants of the country, 
 and their capacity to satisfy the legitimate demands of a pro- 
 gressive people ; to examine into the present mode of con- 
 ducting suits, and practice of the Courts in relation thereto ; 
 to consider the ingredients of an ordinary trial and its inci- 
 dents; to examine the Jury system ; and especially to consider 
 the state of the Law of Evidence and the propriety of altering 
 it ; and to enquire how far the present practice was likely to 
 secure substantial justice to the litigant parties. 
 
 We have endeavoured calmly and deliberately to consider 
 these several important questions, and divesting ourselves of 
 all professional bias, to weigh well the changes and improve- 
 ments which others have effected in these departments of 
 Jurisprudence. We are of opinion that whilst every thing 
 social, industrial, and political in this Province is rapidly impro- 
 ving according to the requirements of modern civilization, the 
 practice of our Courts, and the administration of justice gene- 
 rally, retain too many features^of a barbarous age, and too 
 much of its anciont gothic character, and we think nothing 
 but a series of radical reforms will adapt them to our age and 
 country. 
 
 The two great ends which the Legislature have aimed at 
 were to lessen expense and advance justice. From the earliest 
 period of the history of the Mother Country, the Founders of 
 our system of JHrisprudence have aimed at the same result. 
 
 We have already given the reasons which induced us to re- 
 commend the union of the Courts of Law and Equity, and we 
 now recommend the abolition of the Inferior Courts of Common 
 
 2 
 
XVlll. THIRD REPORT. 
 
 Pleas, except in the City and County of Saint John, and the 
 establishment of Assizes twice every year in each County 
 of the Province, and that the General Sessions should be 
 held at the same time. This will relieve the people from 
 one Grand and one Petit Jury in every County except York, 
 Charlotte, and Saint John, and two in York and Char- 
 lotte. This plan will require all Criminal and Civil Suits to be 
 tried at the Circuit Courts over which a Judge of the Supren>e 
 Court would preside. The Sessions could either at the same 
 time in a different apartment transact their ordinary local, fisical, 
 aud municipal business, or adjourn to a more convenient day. 
 Thpy would, as well as the Grand Jury, receive the advice and 
 instruction of the presiding Judge ; and the ordinary Criminal 
 business of a Circuit, with the supervision of the County Ac- 
 counts, might be disposed of in the time generally occupied by 
 a Grand Jury under the present system, who are often delayed 
 by the local ofEcers. In incorporated Counties the duties of 
 the Grand Jury will be confined to the Criminal business of 
 the Circuit Court, and the business of the Session reduced 
 within a narrow compass. Should the Legislature determine 
 to retain the Inferior Courts, we recommend that either party 
 to a suit should have a right to remove it into the Supreme 
 Court at any time before the trial. 
 
 We have excepted the City and County of Saint John, 
 because we believe that in a large and commercial community 
 such a local tribunal for the settlement of controversies of 
 small amount advisable. 
 
 We propose to transfer the Jurisdiction of Jhe Court of 
 Marriage and Divorce to the Supreme Court. Suits relating 
 to marital rights are not of fi«quent occurrence, but we think 
 the Supreme Court alone should be the tribunal for litigatiiig 
 every question of importance in this Province. 
 
 We believe these alterations will not increase the business 
 of the Supreme Court, as may be at first supposed. The sim- 
 plicity of legal proceedings, the abolition of so much that is 
 technical, and provision for the djspcisal by a Judge at Cham- 
 bers of many trifling questions which were hitherto required to 
 be done before the Court in banc, will greatly lessen the ordi- 
 nary routine business of the Term. We also propose that a 
 single Judge should sit on tb(B Saturday and Monday before 
 
TfltRD REPORT. xix. 
 
 every Tertti for the hearing of common motions. This is the 
 plan of the Bail Court in Englalnd. These improvements in 
 the transaction of the business of the Court will allow ample 
 time for the hearing and decision of all questions which may 
 fee of sufficient importance to require the consideration and 
 judgment of five Judges. 
 
 The next subject of our enquiry was the improvement of the 
 Jury system. The Grand Juries at the Sessions, whose duties 
 are mostly of a fiscal character, should in our opinion be elected 
 with the other Parish Officers by the rate payers, if the present 
 Sessions system continue; as we pfopose to abolish it, we have 
 recommended the best mode of selection that we could dis- 
 cover. Either the SheriflT must continue to exercise his discre- 
 tion in the choice of Jurors, or they must be selected by ballot. 
 If the choice is to fee discreiiionary, we think that it will be 
 more safely vested in the Sheriff, than in any plan of dividing 
 the responsibility. Some such system has been adopted in 
 Nova Scotia with very doubtful utility, if the recent accounts of 
 occurrences at their Courts are at all to be relied upon. 
 
 We propose that the several Juries for every Court shall be 
 drawn before the opening of the Court by the Sheriff at the 
 OflSce of the Clerk of the Peace, from the different Parishes 
 of every County according to population, making it imperative 
 to Select at least one from each Parish. To secure as good a 
 class of men as we could under this system, we prescribe the 
 qualificatiofl of a Juror to be the possession of £lOO of real or 
 personal property, and require the Sheriff annually in the 
 month of January to make a Jury list of such persons ; the 
 present quahfication of a Grand Juror being j£25 of real, or 
 jElOO of personal property, and of a Petit Juror A freehold of 
 1;he annual value of forty shillings, or personal property to the 
 amount of £50. In incorporated Counties the list is to be 
 prepared' by the Secretary Treasurer, who is to perform the 
 duties assigned to the Clerk of the Peace in other Counties. 
 
 We provide that every Petit Juror shall be paid five shil- 
 lings per d^y for his attendance at Court. We believe this 
 provision will secure the prompt performance of all the duties 
 of a Juror. This is to be a charge on the County funds ; but 
 as we direct that all fines imposed in the County for aiiy pur- 
 pose, and which hitherto formed part of the Casual Revenue, 
 
XX. THIRD REPORT. 
 
 should be paid to the County Treasurer, we think that the 
 compensation of the Jurors will not add much to the local bur- 
 dens. For the same purpose we also provide for the payment 
 of a Jury fee for the trial of every cause. 
 
 By the present practice a Special Jury is only obtainable on 
 application to the Court in Term ; as this cannot be done till 
 after issue joined, it frequently leads to delay. When the 
 cause is brought to issue between a Term and a Circuit in any 
 County, it must be tried by a common Jury, or stand over till 
 another Circuit. We authorize either party to apply to the 
 Clerk of the Peace at any time, and on reasonable notice being 
 given to the adversary to strike a Special Jury. 
 
 The most difficult branch of this part of our enquiry was as 
 to, the propriety of reducing the number of Jurors in civil 
 trials, and what proportion should be required to agree upon 
 a verdict. The Judges concur in o])inion that in civil causes 
 unanimity in Juries is not indispensable ; and the Chief Justice 
 and Mr. Justice Parker are favourable to a reduction of the 
 number. Though trial by Jury is an institution as ancient as 
 the Common Law, we believe that in England and the United 
 States, countries retaining that institution and the principles 
 of the Common Law, no change has been made in this depart- 
 ment of the administration of justice. 
 
 We however recommend that the number of Jurors should 
 be reduced to seven, except for the trial of a capital felony, 
 and in civil cases tbat five should render a verdict, after deli- 
 berating two hours ; if after six hours deliberation five cannot 
 agree, we propose that they should be discharged. In all 
 criminal cases we require unanimity. It appears to us that 
 this will remedy a great defect in our present mode of admin- 
 istering justice, and it is restrained within safe limits, as more 
 than two thirds must always agree to render a verdict. 
 
 We also recommend the abolition of the system of depriving 
 Juries of meat, drink, or any other comfort, till they agree 
 upon their verdict. This is a senseless provision and a relic 
 of barbarism which, if not abolished by modern legislation^ 
 modern ingenuity has always evaded. 
 
 The next subject of our enquiry was the state of the Law 
 of Evidence. Our attention was especially directed thereto by 
 the Law authorizing our appointment. The Law of Evidence 
 
THIRD REPORT. XXI. 
 
 in force in this Province differs very little from what it was in 
 the first settlement of the country, whilst in Great Britain it 
 has continually undergone great changes. With us the slightest 
 legal interest disqualifies the witness. In England for a long 
 time pecuniary interest, apparent or real, has been no ground 
 of excluding a witness from giving testimony, but the greatest 
 change effected has been to make })arties witnesses for and 
 against themselves. This practice has been in operation in 
 the County Courts for a number of years, and has worked well. 
 It has recently been introduced into all the Courts, and with 
 entire success. Though at first it encountered much disfavour 
 and opposition from some of the Judges, its success has been 
 so complete that it has vindicated its title to a permanent 
 position in the Jurisprudence of the Mother Country, and we 
 believe it has been extended to Scotland. In our opinion it is 
 the most beneficial change that can be made. If in a populous 
 community it will work well, the reason is stronger among a 
 limited population, where the character of every man is known. 
 Its adoption appears to us necessary to satisfy an important 
 principle, that in obtaining evidence the best source should 
 always be resorted to, and we believe no measure will so tend 
 to the ascertainment of the real merits of the controversy as 
 th« examination of the parties who must know the facts. 
 
 In the case of husband and wife, we regard as confidential 
 all that may be said by either when alone to the other, unless 
 personal safety requires the disclosure. We think the true 
 interest of the marriage relation will be better consulted by not 
 permitting the wife to give evidence for or against her husband, 
 and her exclusion from the witness box under such circum- 
 stances will be a positive privilege conferred upon her, of which 
 she should not be deprived by the apparent advantage of adopt- 
 ing a different rule. 
 
 The next subject of our enquiry was the Practice of the 
 Courts of Common Law. We have not attempted to prepare 
 a new code ; had our Commission embraced that object it would 
 have been impossible in the short time allotted to us to have 
 performed a work of the kind. 
 
 We were required " to suggest such alterations as might 
 " appear to us, or a majority of us, best adapted to lessen expense 
 " and advance justice." We have drawn a number of Chapters 
 
XXll, THIRD REPORT. 
 
 accompanying this Report, containing such alterations as in 
 our opinion will best secure that result. 
 
 In preparing these Chapters we have availed ourselves of 
 the very important amendments made in the practice of the 
 Law by the English Common Law Procedure Act of 1852. 
 We have also considered the improvements which have been 
 made in several of the United States, having adopted of either 
 what we deemed beneficial, modified some things, and intro- 
 duced such other improvements as our own experience, or the 
 judgment of others, has induced us to think will work well ; 
 and to prevent any difficulty in determining any particular 
 question that may arise, we have provided that the present 
 practice of the Court shall be taken to supply any defect or 
 case omitted. 
 
 We propose that hereafter there shall be only four fijrms of 
 actions ; three personal — Contract, Tort, and Reflehtin ; 
 and one mixed — Ejectment. 
 
 Contract to include Account, Assumpsit, Covenant, Debt, 
 and for Penalties. 
 
 Tort to include Trespass, Trespass on the Case, Trover, 
 and Detinue^ 
 
 The action of Replevin we have already stated, is greatly 
 improved, and will in all probability hereafter be the remedy; 
 generally adopted to recover personal property. 
 
 It will be observed that the two first forms of personal 
 actions actually comprise the most ancient division known to 
 the Law as ex contractu and ex delicto, and the various forms 
 into wliich they have been subdivided are the refinements of 
 more recent times. 
 
 Ejectment will in future be in reality a mixed action, for in 
 addition to the recovery of the land, the plaintiff may also 
 recover for mesne profits, wbich are made to include trees or 
 any other thing of value savouring of the realty, taken from 
 the land. The defendant is also permitted to recover compen- 
 sation for improvements made on the land under certain cir- 
 cumstances. This is a modification of the American system of 
 betterments so called. 
 
 We propose to abolish all the fictions in the action of Eject- 
 ment, and make it a plain common sense controversy between 
 real persons. Whenever the defendant claims title under a 
 
THIRD REPORT. XXlll. 
 
 Deed adjudged fraudulent, we authorize a suggestion of that 
 fact on the record, and that after five yeai's from the trial it 
 shall be conclusive evidence of the fraud against all persons 
 claiming under the same title. The law relating to the ope- 
 ration of conveyances of land, made when in the adverse pos- 
 session of another, is absurd, and the rule should be repealted, 
 and the question for trial ih future be, in whom is the legal title, 
 irrespective of any such technical jargon. We have prepared 
 simple forms to enable the parties to the action to state their 
 claim and defence intelligibly. 
 
 We authorise the Sheriff after the sale of land in possession 
 of the defendant to put the purchaser into possession without 
 any action therefor. We have also simplified the proceedings 
 in Dower. 
 
 We have abolished Bills of York and Common Capiases, and 
 have provided that every action shall be commenced by a Sum- 
 mons, which will plainly indicate to the defendant what is the 
 nature and amount of the plaintiff's claim, and the costs. 
 
 In Bailable actions the first process is a Capias, which only 
 differs from the Summons in the provision for arresting the 
 body. 
 
 Witli respefct to the Law of Arrest we propose to restrict the 
 right to hold to bail to cases where the plaintiff swears that 
 he believes the defendant designs to leave the jurisdiction of 
 the Court, and that he will thereby lose his debt unless the 
 defendant is held to bail ; as the Law noic stands, in actions 
 upon contracts the plaintiff can arrest his debtor by an affidavit 
 of the debt only. 
 
 In our opinion imprisonment for de^t must finally be abolished, 
 but we do not think the country prepared for so great a change, 
 and if it were, it could not be safely adopted without a series 
 of important amendments in the whole Law of debtor and 
 creditor. We have therefore gone as far in that direction as 
 in our opinion the circumstances of the country and the state 
 of the Law would at present warrant. We also propose that 
 no female should be arrested for debt on mesne or final pro- 
 cess ; her sex should exempt her from the operation of a law 
 which partakes of a penal character. 
 
 We have simplified the proceedings and lessened the expense 
 of bailable actions, and abolished special bail. In future the 
 
XXIV. THIRD REPORT. 
 
 bail bond given to the Sheriff will be the only undertaking 
 required from bail. We have made such provisions with 
 regard to it as will preserve the security to the plaintiff, with- 
 out exposing unwary or too credulous bail to be entrapped. 
 
 As the Law now stands parties to Bills of Exchange and 
 Promissory Notes must all be sued in separate actions, their 
 liability being distinct ; this in cases of several indorsers greatly 
 increases the costs ; no plan could be devised more likely to 
 defeat the object of the holder of the note than one which so 
 largely adds to the charges upon the promisor. Oftentimes 
 the expenses of insolvent parties have swallowed up the amount 
 realized from the parties able to pay, and in many instances 
 during the last commercial depression, the plaintiff and 
 defendants, after struggling a while in the network of paper 
 securities became bankrupt rogether. We propose that they 
 may be included in one action, and if any defend, provision is 
 made for trying the issue without inconvenience. When a 
 party to a contract made in the Province resides abroad, we 
 have provided for serving him with a summons, and trying the 
 question here. 
 
 We have abolished all the useless statements, averments, 
 and verbiage contained in the declaration, and have prescribed 
 the necessary forms which state the plaintiff's claim as con- 
 cisely as possible. An examination of the precedents we have 
 given, is necessary to understand and appreciate this great 
 change and improvement in the conduct of a suit. The decla- 
 ration in slander which heretofore has been so great a stum- 
 bling block to the pleader, is stripped of all its absurdities, and 
 now will merely put in issue the speaking of the words and 
 their defamatory meaning. 
 
 Having so far innovated upon the old declaration, we have 
 no difficulty in proposing to abolish the whole system of special 
 pleading. An Act passed in 1850 effected a great alteration 
 in that branch of the Law, and it is somewhat strange that the 
 very exceptions in that Act are the class of persons and cases 
 in whose favour the principles of special pleading were first 
 relaxed in Massachusetts, clearly proving that there is no re^l 
 consistency in the advocates of that theory. Lord Coke con- 
 demned the whole system upwards of two hundred years ago 
 in these words — " When I diligently consider the course of our 
 
THIRD REPORT. XXV. 
 
 " books of years and terms, from the beginning of thie Reign 
 " of Edward the Third, I observe that more jangling and 
 " questions grow upon the manner of pleading, and exceptions 
 " to form, than upon the matter itself; and infinite causes lost 
 " or delayed for want of good pleading." — Coke on Litt. page 
 303." 
 
 Instead of a variety of special pleas or notices, we propose 
 that there be but one plea — the general issue — in all actions, 
 under which the defendant may give in evidence any defence 
 whatever available in law to defeat the action, which may be 
 met by the plaintiff by evidence oij the trial according to the 
 peculiarities of every case. The only notice required is of the 
 set off, which must be given when the defendant intends to 
 avail himself of that defence. 
 
 We propose to retain the general demurrer, but its use will 
 be of rare occurrence. 
 
 We provide for every description of amendment at any 
 stage of the cause, to enable litigants to obtain a trial on the 
 merits. Parties may in like manner be added or struck out. 
 The Court or a Judge on the trial, or in vacation, permitting 
 such amendment, being authorized to impose such terms as to 
 costs or otherwise as are agreeable to justice. 
 
 According to the present practice the law appears to delight 
 in technicalities, and important rights are exposed to be 
 sacrificed to a quibble ; we think such a state of things a dis- 
 grace to the jurisprudence of an enlightened people. ' The most 
 efiicacious remedy for the evil is to be found in permitting 
 amendments to be liberally made at any time in the progress 
 of the cause. Oftentimes when parties have finally recovered, 
 the delay and expense incident to so refined a system are 
 as ruinous as defeat. Motions, demurrers, arguments, and 
 new trials, are too often the creatures of this system, and 
 learned Judges are gravely employed in discussing artificial 
 distinctions and refinements instead of the real merits of the 
 case. 
 
 Although we believe new trials will hereafter be less 
 frequent, we propose to place on them the following restric- 
 tions : — When the Jury give a unanimous verdict, and the 
 Court are of opinion substantial justice has been done, we 
 think it should not be disturbed. When the verdict is set 
 
XXVI. THIRD REPORT. 
 
 aside on the sole ground of its being against evidence, a second 
 verdict shonild not be set aside for the same cause; and after 
 three verdicts for the same party, there should be an end of 
 litigation. If three Juries after full deliberation arrive at 
 the same conclusion, it is only reasonable to infer that substan- 
 tial justice has been done. 
 
 We have also prescribed a course of practice in Term, 
 which will expedite the hearing of motions for new trials, and 
 generally secure their being argued in the first Term after the 
 trial takes place. 
 
 We destroy all the legal devices by which a judgraelit could 
 be overturned, and take away the right of appeal in this coun- 
 try from the decision of the Supreme Court, leaving the party 
 his appeal to the Judicial Committee of the Privy Council. 
 
 In England notes and other securities for money are allowed 
 to be taken in execution ; after full consideration we do not 
 recommend the introduction of that course, the state of our 
 country, and the relative value of such securities, do not war- 
 rant it ; but we propose that certain kinds of choses in nction 
 may be assigned in the same manner as promissory notes. 
 
 We have narrated some of the principal improvements pro- 
 posed in the practice of the Courts, but it will be necessary to 
 examine the Chapters accompanying this Report, to understand 
 or appreciate the nature or extent of these improvements. It 
 has been our principal desire to simplify all the proceedings, 
 that we might attain the two fold requisites of our commission, 
 — diminution of expense, and advancement of justice, — and 
 we believe these amendments will make an important stride 
 in that direction. 
 
 We have enlarged the power of the Surrogate, for the pur- 
 pose of bringing justice as near to every man's door as pos- 
 sible, in the following respects ; — by authorizing him to appoint 
 guardians to infants, where the estate does not exceed five 
 hundred pounds ; to assign dower in certain cases ; to enable 
 him to provide for the enforcement of contracts made by 
 deceased persons for the sale of lands to a certain amount, 
 where there are infants ; and to enable him to compel Executors 
 to convert the real estate into personal (or the payment of 
 debts. 
 
 We have made a few improvements in the practice of the 
 
THIRD REPORT. XXVlt. 
 
 Court of Exchequer, which we conceive to be immediately 
 necessary, but we have had no time to consider the whole 
 practice of that Court with a view to its general improvement ; 
 nor could we give any attention to the present state of the 
 Admiralty Court, or that portion of the practice of the Ecclesi- 
 astical Law which extends to this Province. 
 
 We cannot close this Report without again expressing our 
 estimation of the very valuable services rendered the Commis- 
 sion by our Secretary, William H. Needham, Esquire ; agreat 
 part of his time has been devoted to that service ; without his 
 assistance we could not have accomplished so much in the 
 ordinary duties of the revision, and he has contributed largely 
 to the materials of many of the important improvements we 
 have made in the practice of the Law. 
 
 We submit these amendments and improvements to Your 
 Excellency, for the purpose of being laid before the Legisla- 
 ture, satisfied they will receive the grave consideration their 
 importance demands. We are not insensible to the many 
 inaccuracies a careful examination of the work will disclose ; 
 it is incident to the labour and difficulty of weeding from the 
 mass of Statutes and legal proceedings we have been com- 
 pelled to revise, the verbiage which has accumulated for a 
 series of years ; we therefore anticipate a full measure of indul- 
 gence may be extended to us, in the earnest hope that our 
 united exertions may inspire increasing respect and confidence 
 in the Judicial Institutions of our country. 
 
 We have the honor to subscribe ourselves 
 
 Your Excellency's most obedient servants, 
 
 W. B. KiNNEAR, Solicitor General. 
 J. W. Chandler, 
 Charles Fisher. 
 
 Fredericton, 2ith January, 1854. 
 
ACTS 0? FIRST SESSION OF 1854. 
 
 UNREPEALED ACTS. 
 
 ilEVIYEB ACT. 
 
 TABLE OP OBSOLETE ACTS. 
 
 PUBLIC TREATIES. 
 
TABLE OF CONTENTS. 
 
 ACTS PASSED IN THE FIRST SESSION OF 1854. 
 
 rAGE 
 
 Chapter 1. — An Act relating to the Ordinary Revenue, 1 
 
 Chapter 2. — An Act to legalize the payment of the 
 
 Funded Debt of New Brunswick, ... 2 
 
 Chapter 3. — An Act to appropriate a part of the Public 
 Revenue to the payment of the Ordinary Services 
 of the Province, ...... 3 
 
 Chapter 4. — An Act to appropriate a part of the Public 
 
 Revenue for the services therein mentioned, . 5 
 
 Chapter 5. — An Act to provide for opening and repair- 
 ing Roads and erecting Bridges throughout the 
 Province, ........ 35 
 
 Chapter 6. — An Act in addition to and in amendment 
 of An Act for the better establishment and main- 
 tenance of Parish Schools, .... 43 
 
 Chapter 7. — An Act for the encouragement of Agricul- 
 ture, ........ 44 
 
 Chapter 8. — An Act to alter and amend the Act pro- 
 viding for the establishment of Municipal Authori- 
 ties in this Province, 48 
 
 Chapter 9. — An Act relating to Steam Navigation in 
 
 this Province, ..*.... 50 
 
 Chapter 10. — An Act to continue the Act relating to 
 
 Dry and Pickled Fish, 59 
 
 Chapter 11. — An Act to revive the first, second, and 
 third Sections of an Act intituled An Act in addi- 
 tion to an Act intituled ''An Act to enable the Jus- 
 tices of the Peace for the several Counties in this 
 Province for the time being, to receive for public 
 uses grants of Land lying in their respective 
 Counties, and to regulate the Commons belovging 
 to the several Townships or Parishes mthin the 
 sams," . . • 59 
 
 Chapter 12. — An Act to authorize the election of certain 
 
 Town or Parish Officers, .... 60 
 
 Chapter 13. — An Act relating to the qualification of 
 
 Freeholders in certain cases, . . . .60 
 
XXXIl. TABLE OP CONTENTS. 
 
 . Chapter 14. — An Act relating to the establishing of Poll- 
 ing Places in the Counties of Charlotte, Glouces- 
 ter, York, Queen's, Saint John, Victoria, Northum- 
 berland, and Sunbury, . . . . .61 
 
 Chapter 15. — An Act to regulate the sale of Spirituous 
 
 Liquors, 63 
 
 Chapter 16. — An Act to regulate the publication of the 
 
 Revised Statutes and other Acts of Assembly, . 71 
 
 Chapter 17. — An Act relating to Kind's College at Fre- 
 
 dericton, ........ 71 
 
 Chapter 18. — An Act relating to the Administration of 
 
 Justice in Eqnity, ...... 72 
 
 Chapter 1. Of the Jurisdiction, Officers, and Prac- 
 titioners of the Court, . . . . 72 
 
 Chapter 2. Of the General Procedure, . . 75 
 
 , Schedule of Forms. 
 Chapters. Of Proceedings on a Reference, . 92 
 Chapter 4. Of Infants and Guardians, . . 94 
 Chapter 5. Of the Foreclosure of Mortgages, . 96 
 Chapter 6. Of Partition of Lands, ... 99 
 Chapter 7. Of the Repeal of Statutes, . . 100 
 Table of Fees, . . . .102 
 
 Chapter 19. — An Act to regulate the Circuit Courts and 
 Courts of Oyer and Terminer, and Sittings after 
 Term, . .105 
 
 Chapter 20. — An Act to amend the Law to regulate 
 proceedings before Justices of the Peace in Civil 
 Suits as relates to Corporations, . . . 107 
 
 ukise:px;a.x<i<:i> acts. 
 
 8 V. c. 1. — An Act relating to certain Lands belonging 
 
 to Her filajesty, and for vesting the Title to the 
 same in the Principal Officers of Her Majesty's 
 Ordnance Department, . . . . . 109 
 
 9 y. c. 73. — An Act relating to an exchange of Lands in 
 
 Fredericton with the Ordnance Department, . 112 
 32 G. 3, c. 9. — An Act to restrain all persons that may be 
 concerned in the collection of Impost duties from 
 owning any vessel, or trading or dealing in duti- 
 able articles . 113 
 
TABLE OP CONTENTS. XXXIIl. 
 
 6 V. c. 2. — An Act to amend an Act intituled An Act to 
 provide for the payment of Interest on Warrants 
 which are not paid at the Treasury on demand, . 114 
 
 2 V. c. 44. — An Act to provide forthe prompt payment 
 
 of all demands upon the Provincial Treasury, . 115 
 
 12 V. c. 20. — An Act further to continue an Act to pro- 
 
 vide for the prompt piayment of all demands upon 
 
 the Provincial Treasury, 116 • 
 
 15 V. c. 45. — An Act to reduce the Fees on Militia Com- 
 missions, 117 
 
 6 W. 4, c. 14. — An Afct to provide for Reporting and 
 
 Publishing ithe Decisions of the Supreme Court, 118 
 
 13 V. c. 12. — An Act to continue an Act to provide for 
 
 Reporting and Publishing the Decisions of the 
 Supreme Court, 119 
 
 15 V. c. 85. — An Act for establishing a Tender in all 
 
 payments to be made in this Province, and for 
 consolidating and amending the Laws relating to 
 the currency therein, 119 
 
 16 V. c. 33. — An Act to amend an Act for establishing a 
 
 Tender in all payments to be made in this Pro- 
 vince, and for consolidating and amending the 
 Laws relating to the currency therein, . . 123 
 58 G. 3, c. 24.^An Act to exclude certain description of 
 persons from serving as Representatives in General 
 Assembly, 124 
 
 1 1 V. c. 65. — An Act relating to the Election of Repre- 
 
 sentatives to serve in the General Asseiiibly, . 124 
 
 12 V. c. 70. — An Act to vacate the Seats of Members of 
 
 the Assembly in certain cases, .... 152 
 16 V. c. 34. — An Act in amendment of the Act relating 
 to the Election of Representatives to serve in the 
 General Assembly, so far as rela;tes to the Prilling 
 Places in the County of Carleton, . . . 153 
 16 V. c. 35. — An Act to establish Places for Polling in 
 the Parishes of Glenelg and Hardwicke in the 
 County of Northumberland, .... 153 
 
 7 V. c. 51. — An Act for the division of the County of 
 
 Carleton into two Counties, and to provide for the 
 
 government and repr'esentation of the new County, 154 
 16 V. c.'69. — ^An Act relating to the Coast Fisheries and 
 
 for the prevention of Illicit Trade, . . . 157 
 6 G. 4, c. 4. — An Act to encourage the establishment of 
 
 Banks for Savings in this Province, . . . 162 
 
 3 
 
•XXXiV. TABLE OF CONTENTS. 
 
 6 W. 4, c. 52. — An Act to make provision for carrying - 
 
 on the affairs of the Savings Bank at Saint John, 172 
 
 4 V. c. 20. — An Act to extend the provisions of an Act 
 intituled An, Act to encourage the establishment of 
 Banks for Savings in this Province, . . .173 
 
 4 V. c. 30. — An Act further to amend the Act to encou- 
 rage the establishment of Banks of Savings in this 
 Province, ........ 174 
 
 9 V. c. 61 An Act further to extend the provisions of 
 
 an Act intituled An Act to encourage the establish- 
 ment of Banks for Savings in the Province, . 174 
 
 10 v. c. 43. — An Act relating to Banks fo/ Savings, . 175 
 15 V. c. 58. — An Act further to extend the provisions of 
 
 the Bank for Savings at Saint John, . . . 178 
 45 G. 3, c. 12. — An Act for encouraging and extending 
 
 Literature in this Province, .... 179 
 56 Gr. 3, c. 15. — An Act for establishing a Grammar 
 
 School in the Town of Saint Andrews, in the 
 
 County of Charlotte, ..... 181 
 
 4 G. 4, c. 33. — An Act to enable the Governor and 
 
 Trustees of the College of New Brunswick to 
 make a conditional surrender of their Charter, and 
 for the further endowment of the College upon the 
 granting of the new Charter, .... 183 
 9 & 10 G. 4, c, 29. — An Actfor the endowmentof King's 
 College at Fredericton, in the Province of New 
 Brunswick, and also to make new provisions for 
 the establishment and support of Grammar 
 Schools throughout the Province, . . . 186 
 
 5 W. 4, c. 30. — An Act to amend the Law relating to the 
 
 Public Grammar School in Saint John, . . 193 
 
 6 W> 4, c. 10.— An Act in addition to an Act intituled 
 
 An Act for the endowment of King's College at 
 Fredericton, in the Province of New Brunsteiek, 
 and also to make new provisions for the establish- 
 ment and support of Grammar Schools throughout 
 the Province, 194 
 
 6 W. 4, c. 54. — An Act to enable the Corporation of 
 King's College to dispose of certain parts of their 
 lands, 195 
 
 8 V. c. 111. — An Act to amend the Charter of King's 
 
 College, 197 
 
 1 V. c. 20. — An Act relating to the Grammar Schools 
 
 of King's and Queen's Counties, . . . 207 
 
TABLE OF CONTENTS. XXXV. 
 
 2 V. c. 16. — An Act to authorize the President and 
 
 Directors of the Public Grammar School in the 
 City of Saint John, to grant leases with covenants 
 for renewal, . 208 
 
 3 V. c. 10. — An Act to provide for the establishment of a 
 
 Grammar School in the County of Restigouche, 209 
 9 V. c. 74. — An Act to amend an Act intituled An Act 
 
 to amend the Charter of King^s College, ' . .210 
 
 9 V. c. 60. — An Act in amendment of the Laws now in 
 
 force relating to Grammar Schools, . . . 211 
 
 10 V. c. 8. — An Act to provide for the establishment of a 
 
 Grammar School in the County of Albert, . . 212 
 13 V. c. 21. — An Act to provide for the establishment of 
 
 a Grammar School in the County of Victoria, . 213 
 
 13 V. c. 62. — An Act to incorporate the New Brunswick 
 
 Society for the encouragement of Agriculture, 
 Home Manufactures, and Commerce throughout 
 tlie Province, and to regulate and provide for the 
 ■same, ........ 214 
 
 14 V. c. 8. — An Act to alter and amend an Act intituled 
 
 An Act to incorporate the New Brunswick Society 
 for the encouragement of Agriculture, Home 
 Manufactures, and Commerce throughoutthe Pro- 
 vince, and to regulate and provide for the same, 217 
 
 15 V. c. 8.— An Act to continue an Act to incorporate 
 
 the New Brunswick Society for the encourage- 
 ment of Agriculture, Home Manufactures, and 
 Commerce throughout the Province, and to regu- 
 late and provide for the same ; also an Act to 
 alter and amend the said Act, .... 218 
 10 V. c. 32. — An Act to encourage the raising and dress- 
 ing of Hemp, 219 
 
 14 V. c. 1. — An Act^to incorporate the European and 
 
 North American Railway Company, . . . 221 
 
 15 V. c. 41. — An Act to amend an Act to incorporate the 
 
 Eu ropean and North American Railway Company, 253 
 
 16 V. c. 2. — An Act in addition to and in further amend- 
 
 ment of the Act to incorporate the European and 
 North American Railway Company, . . . 256 
 
 16 V. c. 3. — An Act to repeal certain Acts of Assembly 
 for facilitating the construction of the European 
 and North American Railway, and to make other 
 provision for the construction of the same, with 
 branches and extensions, 261 
 
Xzkvi. TABLE OF CONTENTS. 
 
 17 V. c. 68.-r-An Act to amend the Acts relating to tbe 
 
 European and North American Railway Company, 266 
 
 6 W. 4, 31. — An Act to incorporate the Saint Andrews 
 
 and Quebec Railroad Company, . . . 277 
 
 7 W. 4, c. 38. — An Act to amend an Act to incorporate 
 
 the Saint Andrews and Qu ebec Railroad Company, 293 
 10 V, c. 27.— ^An Act further to amend and extend the 
 provisions of an Act intituled An Act to incor- 
 porate the Saint Andrews and (luebec Railroad 
 Company, ....... 293 
 
 10 V. 0. 84. — All Act to facilitate the making of a Rail- 
 
 road from Saint Andrews in the County of 
 Charlotte, to Woodstock in the County of Carle- 
 ton, and branches thereof, . . . . 301 
 
 11 V. c. 43. — An Act to empower and authorize the 
 
 Justices of the Peace for the County of Charlotte, 
 to lease a certain piece of Common Land in the 
 Parish of Saint Andrews, and to invest the pro- 
 ceeds towards the support of the Poor of the said 
 Parish, ........ 304 
 
 11 V. c. 48. — An Act in addition to and amendment of 
 an Act further to amend and extend the provi- 
 sions of an Act intituled An Act to incorporate 
 the Saint Andrews and (Quebec Railroad Com- 
 pany, ........ 305 
 
 1 1 V. c. 63. — An Act to extend the provisions of an Act 
 
 intituled An Act to facilitate the making of a 
 Railroad from Saint Andrews in the County of 
 Charlotte, to Woodstock in the County of Carleton, 
 and branches thereof, 308 
 
 12 V. c. 60. — A.n Act in further amendment of the Acts 
 
 relating to the incorporation of the Saint Andrews 
 
 and Quebec Railroad Company, . . . 310 
 
 12 V. c. 74. — An Act further to facilitate the making of 
 
 a Railroad from Saint Andrews to Woodstock, 
 with a branch to Saint Stephen, . . . 312 
 
 13 V. c. 1. — An Act relating to the Saint Andrews and 
 
 Quebec Railroad Company, .... 313 
 
 14 V. c. 36. — An Act to facilitate the construction of a 
 
 Railway from Saint Andrews to Quebec, . . 320 
 
 15 V. c. 55. — An Act to amend the Act to facilitate the 
 
 construction of a Railway from Saint Andrews to 
 Quebec ' . . . . 322 
 
 16 V. c. 50. — An Act relating to the Saint Andrews and 
 
 Quebec Railroad Company 324 
 
TABLE OF CONTENTS. XXXVll. 
 
 17 V. c. 42. — An Act relating to the Saint Andrews and 
 Quebec Railroad Company's Contract for execu- 
 tion of works, , 324 
 
 31 G. 3, c. 5. — An Act for regulating Marriage, and 
 Divorce, and for preventing and punishing Incest, 
 Adultery, and Fornication, .... 325 
 
 4 W. 4, c 30. — An Act for the further regulation of the 
 
 formation of the Court of Governor and Council, 
 fur the determination of all suits and controversies 
 touching and concerning Marriage and Divorce, 327 
 
 6 W. 4, c. 34,— An Act for altering the Terms of hold- 
 ing the Court of the Governor and Council for 
 causes of Marriage and Divorce, . . . 328 
 
 10 V. c. 38. — An Act for the further regulation of the 
 Court of Governor and Council in causes of 
 Marriage and Divorce, ..... 329 
 
 26 G. 3, c. 20. — An Act for admittingdepositionsde bene 
 esse of witnesses aged, infirm, and otherwise 
 unable to travel, and of witnesses departing from 
 the Province, .' 331 
 
 60 G. 3, c. 7. — An Act to enable the Justices of the 
 Supreme Court to enlarge the time of the Sittings 
 of the said Court, when the same shall be expe- 
 dient, 332 
 
 8 G. 4, c. 2i — An Act to prevent unnecessary delay and 
 expense in proceedings against persons having 
 privilege of the General Assembly, . • , 333 
 
 2 W. 4, c. 20.: — An Act to regulate the service of Writs 
 
 of scire facias, 334 
 
 5 W. 4, c. 34. — An Act to facilitate the examination of 
 
 witnesses before trial in the Supreme Court, . 335 
 5 W. 4, c. 37. — An Act to provide for the more con- 
 venient administration of Justice in the Supreme 
 Court, . 338 
 
 3 V. c. 51. — An Act to declare the Law with regard to 
 
 Commissions for taking affidavits to be read in 
 
 the Supreme Court, ...... 341 
 
 3 V. c. 63. — An Act further to regulate, proceedings in 
 replevin, by allowing damages in certain cases to 
 the defendant, ....... 342 
 
 3 V. c. 65. — An Act to amend the Law of Evidence in 
 regard to the proof of Records and Letters 
 Patent, ........ 344 
 
 10 V. c. 1. — An Act to re-establish the Easter Term of 
 Her Majesty's Supreme Court of Judicature in 
 this Province, 346 
 
XXXVlll. TABLE OP CONTENTS. 
 
 12 V. c. 39. — An Act to consolidate and amend various 
 
 Acts of Assembly relating to the further amend- , 
 
 ment of the Law, » . . . . . . 347 
 
 12 V. c. 40. — An Act to consolidate and amend the 
 
 several Acts of Assembly relating to Summary 
 Actions, ........ 364 
 
 13 V. c. 32. — An Act in further amendment of the Law, 371 
 13 V. c. 33. — An Act to remove doubts as to the abbre- 
 viation of the names of parties and persons in 
 proceedings at Law or in Equity, . . . 373 
 
 13 V. c. 37.-r-An Act to regulate the proof of certain 
 
 documents in actions where Foreign Corporations 
 doing business in this Province are parties, . 375 
 
 14 V. c. 2. — An Act to make further provision for the 
 
 service of Non-bailable Process, . . . 376 
 
 14 V. c. 3. — An Act relating to the competency of wit- 
 nesses in certain cases, ..... 378 
 14 V. c. 20. — An Act in further amendment of the Law, 378 
 
 4 G. 4, c. 18. — An Act in addition to an Act made and 
 
 passed in the twenty sixth year of the Reign of 
 His late Majesty King George the Third, intituled 
 An Act for enabling the Justices of the Siipreme 
 Court to try all causes at Nisi Prius, and autho- 
 rizing Attorneys of the Supreme Court to practice 
 in the Inferior Court of Common Pleas within 
 this Province, . . . . . . . 379 
 
 5 W. 4, c. 29. — An Act to regulate the Fees in Actions 
 
 not Summary in the Inferior Court of Common 
 Pleas, and to restrain the removal of such Actions 
 to the Supreme Court, ..... 380 
 
 13 V. c. 47. — An Act to consolidate and amend the 
 
 Laws to provide for the administration of Justice 
 in the Inferior Courts of Common Pleas and 
 General Sessions of the Peace, . . . 384 
 
 16 V. c. 22. — An Act for altering the time of holding 
 one of the Courts of General Sessions of the 
 Peace and Inferior Court of Common Pleas in 
 the County of Westmorland, .... 390 
 
 14 V. c. 16. — An Act to provide for the better payment 
 
 of Petit Jurors attending the several Courts of 
 
 Record in this Province 391 
 
 14 V. c. 26. — An Act to revive and continue an Act to 
 provide for the better payment of Petit Jurors 
 attending the several Courts of Record in the 
 Province, 393 
 
TABLE OF COMTENTS. XXXIX. 
 
 12 V. c. 41. — An Act to amend the Laws relating to 
 
 Juries ' . .393 
 
 13 V. c. 43. — An Act to amend the Laws relating to 
 
 Juries, 409 
 
 14 V. c. 25. — An Act relating to Grand Juries in this 
 
 Province, ....... 411 
 
 RGTITKU ACT. 
 
 5 W. 4, c. 43. — An Act to regulate the inspection of Dry 
 and Pickled Fish for home consumption and for 
 exportation 412 
 
\xGhma 0f ^eto ^restoiefi. 
 
 ANNO DECIMO SEPTIMO VICTORLE REGINvE. 
 
 CAP. I. 
 
 An Act relating to the Ordinary Revenue. 
 
 Section 1. — Cxintinuation of the Ordinary Reyenue. 
 
 Passed 1st Mat/ 1854. 
 Be it enacted, fyc. — 1. The provisions of Chapter 14, inti- 
 tuled " Of the Ordinary Revenue," in the Revised Statutes, 
 passed in the present Session of the Legislature, are hereby 
 continued and declared to be in force from and including the 
 thirty first day of December nexl until the first day of May 
 which will be in the year of our Lord one thousand eight hun- 
 dred and fifty five. 
 
2 17° VICTORIA, A.D. 1854. [C. 2. 
 
 CAP. IL. 
 
 An Act to legalize the payment of the Funded Debt of 
 New Brunswick. 
 
 Seetion 1. — Payment of balance of loan sanctioned. 
 
 Passed ]s« May 1854. 
 
 Whereas under and by virtue of the power and authority 
 given by the Act of the General Assembly of this Province 
 made and passed in the sixth year of the Reign of Her present 
 Majesty, intituled An Act to facilitate the negotiation of a 
 Loan to pay off the Public Debt, and of the Act in amendment 
 thereof made and passed in the eighth year of Her present 
 Majesty's Reign, intituled An Act to amend an Act to facilitate 
 the negotiation of a Loan to pay off the Public Debt, a Loan to 
 the extent of seventy thousand pounds sterling was made by 
 the Bank of British North America to the Government of this 
 Province, upon the terms, conditions, stipulations, and securities 
 in the said Acts described : And whereas on the thirty first 
 day of December in the year of our Lord one thousand eight 
 hundred and fifty three, there remained unpaid four instalments 
 of five thousand pounds sterling each of said Loan, payable 
 respectively on the first September one thousand eight hundred 
 and fifty four, one thousand eight hundred and fifty five, one 
 thousand eight hundred and fifty six, and one thousand eight 
 hundred and fifty seven : And whereas His Excellency the 
 Lieutenant Governor, taking into consideration the present 
 flourishing state of the public finances, and deeming it to be 
 for the best interest of the Province to pay off the said~instal- 
 ments, and having obtained the consent of the said Bank to 
 receive the same, His Excellency the Lieutenant Governor, 
 by and with the advice and consent of the Executive Council, 
 did on the said thirty first day of December last, pay ofi^ and 
 discharge the balance of the said Loan so remaining unpaid 
 as aforesaid, amounting in the whole to the sum of twenty 
 thousand pounds sterling: — ■ 
 
 Be it therefore enacted, ^c. — 1. That the payment of the 
 balance of the said Loan to the said Bank of British North 
 America, being the four instalments of five thousand pounds 
 sterling each, which would become due on the first of September 
 one thousand eight hundred and fifty four, one thousand eight 
 
C. 3.] 17" VICTORIJE, A.D. 1854. 3 
 
 hundred and. fifty five, one thousand eight hundred and fifty 
 six, and one thousand eight hundred and fifty seven, amounting 
 in the aggregate to the sum of twenty thousand pounds sterling, 
 is hereby fully sanctioned and declared to be legal, any thing in 
 the said recited Acts to the contrary nothwithstanding. 
 
 CAP. III. 
 
 An Act to appropriate a part of the Public Revenue to the 
 payment of the Ordinarj Services of the Province. 
 
 Section. gection. 
 
 1. Grants for Ordinary Services. S. Money how drawn. 
 
 Passed \st May 1854. 
 
 Be it enacted, IfC. — 1. There be allowed and paid out of 
 the Treasury of the Province, for the services hereinafter men- 
 tioned, the following suras, viz : — 
 
 To the Chaplain of the Legislative Council in General 
 Assembly, twenty pounds. 
 
 To the Chaplain of the House of Assembly, twenty pounds. 
 
 To the Sergeant at Arms attending the Legislative Council 
 in General Assembly, fifteen shillings per diem during the 
 present Session. 
 
 To the Sergeant at Arms attending the House of Assembly, 
 fifteen shillings per diem during the present Session. 
 
 To the Clerk of the Legislative Council in General Assembly, 
 two hundred pounds in full for his services during the present 
 Session. 
 
 To the Clerk of the House of Assembly, two hundred pounds 
 for his services during the present Session. 
 
 To the Clerk Assistant of the Legislative Council in General 
 Assembly, one hundred pounds in full for his services during 
 the present Session. 
 
 To the Clerk Assistant of th^e House of Assembly, one 
 hundred pounds for his services during the present Session. 
 
 To the Doorkeepers attending the Legislative Council and 
 House of Assembly, ten shillings per diem during the present 
 Session. 
 
 To the Messengers attending the Legislative Council and 
 Assembly, seven shillings and six pence per diem during the 
 present Session. 
 
4 17=' VICTORT^, AD. 1854. [C. S. 
 
 Tq His Excellency the Lieutenant Governor or Adminis- 
 trator of the Government for tjje time bein^, ten ffeLQ,iisan4 
 pounds towards the encouragement of Parish Schools, agree- 
 ably to a Law of this Province. 
 
 To His Excellency the Lieutenant Governor or Af^winis- 
 trator of the Government for the time lieing, a sum not exceed- 
 ing one hundred pounds, to he applied in rewar<ling persons for 
 apprehending Deserters from Her Majesty's Land Forces 
 within this Province, provided that no greater sum than five 
 pounds be pajd for th(! apprehension of any one Deserter. 
 
 To the Librarian of the Legislative Library, one hundred 
 pounds for his services to the; end of the present Session. 
 
 To the Keeper of the Light House at Point Le Preau, 
 eighty five pounds. 
 
 To the Keeper of the Light House at Partridge Island, 
 eighty five pounds. 
 
 To the Keeper of the Light House on Campo Bello, one 
 hundred pounds. ,- 
 
 To the Keeper of the Beacon Light, eighty five pounds. 
 
 To the Commissioners of Light Houses in the Bay of Fundy, 
 the following sums to pay for the services for the year one 
 thousand eight hundred and fifty four : — 
 
 To the Keeper of the Light House on Gannet Rock and his 
 Assistants, two hundred and ten [lounds.. 
 
 To the Keeper of the Light House on Thrum Cap, Quaco, 
 one hundre<i and ten pounds, and an additional sum of thirty 
 six pounds to enable him to pay an Assistant. 
 
 To the Keeper of the Light House on Machias Seal Island, 
 one hundred and thirty pounds, and an additional sum of thirty 
 six pounds to enable him to pay an Assistant. 
 
 To the Keeper of the Light House in the Harbour of Saint 
 And'rews, forty pounds. 
 
 To the Keeper of the Light House on Cape Enrage, eighty 
 fi'V'e pounds. 
 
 To the Commissioners of Light Houses in the Gulf of Saint 
 Lawrence, one hundred pounds to provide for the salary of a 
 Keeper for the year one thousand eight hundred and fifty four 
 at the Light House on Point Escuminac. 
 
 2. AM the before mentioned sums of money sliaH he paid by 
 the Treasurer of the Province, l)y Warrant of His Excellency 
 
C. 4.5 17" VICTORIA, A.T). 1854. 3 
 
 the L'ielitenartt Governor or Admihistrator of tlie (ifovternrnfent 
 for the time be'in^, by and with the advice of Her Sf aje^ty*& ■ 
 ExcKiiiive Crtiincil, Out of the moneys in the Treasury, or a^ 
 payment may be made at the same. 
 
 CAP. IV. 
 
 An Act tft appropriate a part of the Public Reveniie for 
 the services therein Mentioned. 
 
 Sertion. Sectinn. 
 
 1. ' dri-ants for special services. 2. 'Money how to be draWn. 
 
 Passed \st May r8S'4. 
 
 Be it enacted, fyc. — I. There be allowed and paid out of 
 the Ti'easUi'y of this Province the following sums, tu-wit : — 
 
 To Thomas Dun|)liy, John Russell, arid Hugh M'Graw, 
 Overseers of the f*oor of the Parish Of Blrickville, in the County 
 of Northurriberland, six pounds thirteen shillingsand four pence, 
 amount due irhe late William Babcock, an old Soldier of the 
 Revolutionary War in America. 
 
 To Archibald M'lhiyre, of the Parish ofHard viclie, in the 
 County of Northumberland, Son of Sarah M'Intyre, the Widow 
 of'Duncan M'Intyre, an old Soldier of the Revolutionary tVar 
 in America, the sum of one pound thirteen shillings. 
 
 To the Trustees of the Baptist Seminary at Fredericton, 
 the sum of two hundred and fifty pounds towards the support 
 of thut Institution. 
 
 To James Boyd, Esquire, the sum of two hundred and 
 fourteen pounds ten shillings, hfeing the amount of pay an3 
 usual allowance for travel for the yeais one thousand eight 
 hundred and fifty one, one thousand eight hundred and fifty 
 two, arid part of one thousand eight hundred and fifty three, to 
 which he would have been entitled had he not been kept out 
 of his Seat. 
 
 To the Reverend .Tames Quin, Dennis Bradley, and Charles 
 Bradley, Managing Committee of the Roman Catholic School 
 in the Town of Saint Andrews, the sum of thirty pounds to 
 assist them in the support of the said Institution. 
 
 To the Committee of the Infant Scliool at Tredericlon the 
 sum of fifty pounds in aid of that Institution. 
 
6 17® VICTORIES, A.D. 1854. [0*4. 
 
 To Deborah Ann Lugrin, Widow of the late George K. 
 Lugrin, many years King's Printer in this Province, the sum 
 of fifteen pounds to aid her in her present destitute circum- 
 stances. 
 
 To William Watts the sum of ten pounds for his services 
 as Usher and Cryer of the Supreme Court. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of fifty 
 pounds, in aid of individual subscription, towards the support 
 of a Female School for Poor Children in Fredericton. 
 
 To Jacob Kollock, an old Soldier of the Revolutionary War, 
 the sum of fifteen pounds to aid him in his present destitute 
 circumstances. 
 
 To Sarah Cyphers, Widow of an Officer of the Revolu- 
 tionary War, the sum of ten pounds to aid her in her present 
 destitute circumstances. 
 
 To Abigail M'Kay, Widow of an old Soldier of the Revolu- 
 tionary War, the sum of ten pounds to aid her in her present 
 destitute circumstances. 
 
 To Hannah M'Donald, Widow of an old Soldier of the 
 Revolutionary War, the sum of ten pounds to aid her in her 
 present destitute circumstances. 
 
 To Mary Harned, Widow of the late Alward Harned, many 
 years Doorkeeper of this House, the sum often pounds. 
 
 To Elizabeth Whitehead, Widow of an old Soldier of the 
 Revolutionary War, the sum often pounds to assist her in her 
 present destitute circumstances. 
 
 To Ann M'Donald, Widow of the late Surgeon M'Donald, 
 of the New Jersey Volunteers, the sum of ten pounds to aid 
 her in her present destitute circumstances. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of sixty 
 pounds towards the support of the Roman Catholic School at 
 Bathurst, in the County of Gloucester. 
 
 To the Trustees of the Wesleyan Academy at Mount 
 Allison, Sackville, the sum of three hundred pounds towards 
 the support of that Institution. 
 
 To Michael White the sum of one hundred pounds for his 
 services as Clerk in the Office of the Clerk of the Pleas for 
 the past year. 
 
C. 4.] 17" VICTORIA, A.D. 1854. 7 
 
 To the Seamen's Friend Society, lately incorporated in the 
 City of Saint John, a sum not exceeding one thousand five 
 hundred pounds in aid of the benevolent objects of that Insti. 
 tution. 
 
 To the President of the Northumberland Agricultural Society 
 the sum of one hundred and twenty five pounds and two pence 
 to reimburse that Society balance of the cost of importing an 
 Entire Horse from Britain last year, pursuant to the Resolution 
 of this House of the third day of May last. 
 
 To the President of the Saint John County Agricultural 
 Society the sum of seventy three pounds to reimburse that 
 Society balance of the cost of importing an Entire Horse from 
 Britain. 
 
 To the President of the Victoria County Agricultural Society 
 the sum of forty nine pounds ten shillings to reimburse that 
 Society balance due on the cost of importing an Entire Horse 
 from the United States. 
 
 To the President of the Kent Agricultural Society the sum 
 of sixty one pounds to reimburse that Society balance expended 
 in the importation of an Entire Horse from Britain. 
 
 To His Excellency the Lieutenant Governor or Adminis- 
 trator of the Government for the time being, the sum of one 
 hundred pounds to improve the Public Wharf in the Parish of 
 Saint Stephen. 
 
 To His Excellency the Lieutenant Governor or Adminis- 
 trator of the Government for the time being the sum of twenty- 
 pounds to aid William Chappel, of Bay Verte, in running a 
 suitable Vessel as a Packet weekly between that place and 
 Charlottetown, Prince Edward Island, during the present 
 year ; the same not to be drawn until it be satisfactorily cer- 
 tified to the Government that the work has been faithfully and 
 properly performed during open water. 
 
 To Simon Hebert the sum of one hundred pounds to com- 
 pensate him for improvements made on a lot of Land which 
 the Government have laid out for the Town Plat of Edmund- 
 ston, as recommended by a Select Committee. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of fifty 
 pounds in aid of the Newcastle Grammar School, taught by 
 Robert Falconer, B. A., for the year ending October one 
 
17® VICTORIA, A.D. 1854. [C. 4. 
 
 thousand eight hundred and fifty four, to be paid on its being 
 certiSed to the satisfaction of His Excellency in Council that 
 such School has been efficiently taught. 
 
 To John Fraser, Gauger and Weigher at Miramichi, the 
 sum of eight pounds eleven shillings and six pence for his ser- 
 vices in that capacity the past year. 
 
 To William Napier, Gauger ahd Weigher at the Port of 
 Batburst, the sum of eight pounds four shillings and six pence 
 for his services in that capacity the past year. 
 
 To Charles Lloyd, Locker, Searcher and Weigher at Dal- 
 hoHsie, fhe sum of three pounds two shillings for his services 
 in gauging dutiable articles. 
 
 To Thomas Johnson, of Buctouche, in the County of Kent, 
 the sum of twelve pounds ten shillings and seven pence to 
 reimburse an excess of duties on Chairs imported by him, 
 agreeably to the Report of the Committee of Trade. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time b^ing, the sum of one hun- 
 dred pounds towards building a Public Landing at the Grind- 
 stone Quarry at New Bandon, and for placing mooring Anchors 
 and Buoys for the safety of Vessels resorting thereto ; the same 
 not to be drawn from the Treasury until it shall be satisfactorily 
 certified to His Excellency the Lieutenant Governor in Council 
 that a similar sum has been subscribed, paid, and expended by 
 a Commissioner or Commissioners to be appointed for that 
 purpose. 
 
 To Cudlip and Snider, of the City of Saint John, Merchants, 
 the sum of twenty three pounds three shillings and nine pence 
 to reimburse duties paid on a quantify of Yellow Metal and 
 Spikes imported into Saint John in one thousand eight hundred 
 and fifty three, and exported from thence in the August of that 
 year to Quebec. 
 
 To Martin Cranney, Gauger and Weigher at Chathan*, the 
 sum of twenty three pounds eleven shillings and six pence for 
 bis services in that capacity the past year. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of two hjiii- 
 dred pounds in aid towards completing the Steam Boat Landings 
 at Chatham and Newcastle, on the great line of Road from 
 Halifax to R«stigouche. 
 
C. 4] 17° VICTORIJE, A.D. 1854. 9 
 
 To L. P. W. DesBrisay, of Ricliibucto, Merchant, the sum 
 offline pounds two shillings and five pence to reimburse duties 
 on Fire E.igine and Hose there imported. 
 
 To .lames Attridge, Master of the Barque " Jeannic John- 
 son," the sum of seventeen pounds two shillings and six pence 
 to reimburse him Head Money paid on one hundred and thirty 
 seven Passengers from Tralee, Ireland, at the Port of Saint 
 Andrews in Wovember last, for the reasons stated in Number 
 eighteen Report of the Committee. 
 
 To Charles Glidden, Mail Carrier between Houlton and 
 Woodstock, the snm of eleven pounds seven shillings and six 
 pence to reimburse him losses sustained in consequence of a 
 seizure of two Horses, Wagon, and Harness, by the Deputy 
 Treasurer at Woodstock, agreeably to the Report of the Com- 
 mittee of Trade. 
 
 To James M. Decker, of Engine Company Number three, 
 at Saint John, the sum of five pounds and nine pence to reim- 
 burse duties paid on a Hose Carriage imported in November 
 last. 
 
 To Dennis Whelan, of the City of Saint John, the sum of 
 five poundssixteen shillings and three pence to reimburse ex- 
 cess of duty paid on a Carriage imported from Boston, in 
 consequence of its being valued by the Appraisers beyond the 
 amount paid for it by the Importer. 
 
 To David Tapley and Hugh Morris, of Saint John, the sum 
 of forty seven pounds seventeen shillings and six pence to 
 reimburse them for Duties paid on a Steam Boiler imported from 
 the United States in one thousand eight hundred and fifty three 
 for a new Steamer called the " Magnet," built in this Province, 
 now running. 
 
 To F. W. Hatheway and Otis Small the sum of eighty four 
 pounds seven shillings and four pence for return duties on 
 Tubes, Boiler ends, &;c., imported from the United States for 
 the new Steamer " Richmoiid," which Steamer, Machinery, 
 and Boiler were built in Saint John. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the titne being, the sum of two hun- 
 dred and ninety five pounds to be applied in full for completing 
 the Breakwater at Sand Point, in the City of Saint John. 
 
 To His Excellency the Lieutenant Governor or Adiuinistra- 
 
10 17« VICTORIA, A.D. 1854. [C. 4. 
 
 tor of the Government for the time being, a sum not exceeding 
 five thousand pounds to be applied in deepening, widening, and 
 improving such Harbours in the Province as may require the 
 same : no part of such sum to be expended until a satisfactory 
 certificate be first obtained from a scientific Engineer to be 
 appointed for the purpose, as to the practicability of doing so; 
 that his first Survey and Report be of the Harbour of Richi- 
 bucto, for the improvement of which he shall submit a plan to 
 the Government as to the practicability and permanency of 
 such contemplated improvement, and estimates of the cost, to 
 determine the Government as to the commencement of the 
 work; that other Harbours be .also subject to the same sur- 
 vey, examination, and report, which may require deepening 
 and improvement. 
 
 To His Excellency the Lieutenant Governor or Adminis- 
 trator of the Government for the time being, the sum of thirty 
 pounds for erecting a Public Wharf or Approach at the Fishery 
 Station at Caraquet, County of Gloucester. 
 
 To Shepherd Gary and Company, Merchants, of Houlton, 
 Maine, the sum of fourteen pounds seven shillings and one 
 penny to reimburse them for duties exacted by the Deputy 
 Treasurer at Woodstock, on goods in transitu through this 
 Province destined for the United States. 
 
 To William H. Adams, of Saint John, the sum twenty 
 five pounds twelve shillings and eleven pence to refund him 
 duties on Nail Machinery imported from the United States in 
 one thousand eight hundred and fifty two. 
 
 To Z. Barnard Brown th^ sum of nineteen pounds twelve 
 shillirigs and eight pence to reimburse him for duties paid on 
 goods destined for the United States, in trasitu at the Grand 
 Falls. 
 
 To Thomas E. Smith and Son the sum of nine pounds four- 
 teen shillings and nine pence to reimburse them duties paid on 
 a quantity of goods exported in the Steamer "Creole" from 
 Saint John, which goods were lost when the said Steamer was 
 stranded in June last. 
 
 To Philps Brothers, of Saint John, the sum of eleven pounds 
 six shillings and three pence to reimburse them for duties paid 
 on new Machinery imported for the use and improvement of 
 their Paper Manufactory. 
 
C. 4.] 17=' VICTORIA, A.D. 1854. 11 
 
 To Fleming and Humbert, of Saint John, the sum of forty 
 one pounds four shillings and three pence to reimburse them 
 duties paid on improved Machinery imported for the use and 
 improvement of their extensive Foundry, which articles could 
 not be made or obtained in this Province. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of one 
 hundred and fifty pounds towards a Public Wharf nearly now 
 erected at Hillsborough, for the accommodation of Steamers 
 and other Vessels. 
 
 To His Excellency the Lieutenant Governor or Adminis- 
 trator of the Government for the time being, the sum of one 
 hundred pounds, in aid of individual subscription, to extend 
 the Public Wharf at BoUevous Village, Dorchester, Westmor- 
 land. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum. of two hun- 
 dred and fifty pounds, in aid of individual subscription, towards 
 ' the erection of a Public Wharf and a Steamboat Landing at 
 Hall's Creek, Bend of Petitcodiac. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the-Government for the time being, the sum of two hun- 
 dred pounds, in aid of individual subscription, for extending 
 the Public Wharf at Sackville. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of forty five 
 pounds in part payment of a Wharf erected by Daniel Briggs 
 and others in the Parish of Chipman, Queen's County. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of two hun- 
 dred pounds towards the erection of a Public Wharf at Bath- 
 urst, in the County of Gloucester, in aid of individual sub- 
 scription. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of one hun- 
 dred pounds, in aid of individual subscription, towards the 
 erection of a Wharf at the mouth of the Poquiock, County of 
 York. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the 'Government for the time being, the sum of fifty 
 
12 17° VICTORIA, AD. 1854. [C. 4. 
 
 pounds to enable David Tapley to pay a balance due the Con- 
 tratitor for building a Public Steamboat Wharf at Maugerville, 
 in the Courity of Su'Hbury. 
 
 To Meracious Atkinson, the sum of seventy seven pounds 
 nineteen shillings and ten'fience to reimburse him in I'xpfinses 
 incurred in defending a suit brought against hirh while acting 
 in the discharge of his duty as a Road Commissiotier. 
 
 To John Seal's, of Saint John, the sum of ninety pounds to 
 reimburse him expenses incurl'ed in endeavouring to executie 
 a Contract entered into with the Provincial Government for a 
 supply of Copper Coin for the use of the Province ; the same 
 to be in fiill. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for (he time being, the sum of one hun- 
 dred pounds, in further aid of individual subscription, towards 
 erecting a Wharf at Woodstock, in the Courity of Carleton ; 
 the same not to be drawn from the Treasury until it shall have 
 been satisfactorily certified to His Excellency in Council that 
 the amount has been actually laid out and expended. 
 
 To Cadwallader E. Sayre, an aged Instructor of Youth, the 
 sum of ten pounds to aid him in his present destitute circum- 
 stance's. 
 
 To His Excellency the Lieutenant Governor or Administria- 
 tor of the Government for the time being, the sum of one liiin- 
 dred pounds to be applied towards building a Wharf at Spra^rg's 
 F6int on the Bellisle Bay, in the Parish of Springfield, in 
 King's County ; the same hot to be drawn from the Treasury 
 until a satisfactory certificate is received by the E'xeculive 
 Government from a Commissioner to be appointed for the 
 purpose, that a similar sum has been raised and paid froth 
 individual subscription, and has been expended towards such 
 erection. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of forty 
 pounds to complete the Wharf at Robert Gelding's landing, 
 Parish of Wickham, Queen's Coiihty ; the same not to be 
 drawn from the Treasury until a satisfactory certificate is 
 received by the Executive Government from a Commissioher 
 to be appointed for the pui-pose, that a similar sum has been 
 raised and paid from individual subscription, atfd has been 
 expended towards such erection. 
 
C. 4,] l?" VICTORIA, A.D. 1854, 13 
 
 fo His Ejjcellency the Lieijtepant Governor or Administra- 
 tor of the Government %• the tirpe being, the sum of fifty 
 pounds to aid in the erxictipn of a Public Wharf on the eastern 
 §ide of the Jemseg Ci;eek, at the old Ferry ; the same not to 
 be drawn from the Treasury until a satisfactory certificate i^ 
 received by the Executive Government from a Commissioner 
 to be appointed for the purpose, that a similar sum has been 
 raised and paid from individual subscription, and has been 
 expended towards such erection. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of fifty 
 pounds to aid in the erectipn of a Public Wharf at the mouth 
 of the Victoria Road on the River Saint John, Parish of Gage- 
 town, Queen's County ; the same not to be drawn from the 
 Treasury until a satisfactory certificate is received by the Exe- 
 cutive Government fro.m a Commissioner to be appointed for 
 the purposp, that a siinil^r sum b<^s bejen raised and paid from 
 individual subscription, and has been expended towards such 
 erection. 
 
 To Thomas Balder, the sum of thirty five pounds for teach- 
 ing a superior School in the Parish of Coverdale, County of 
 Albert. 
 
 To Joseph Terrio, the sum of five pounds for ferrying Her 
 Majesty's Mails across Caraquet River for thp past year. 
 
 To the Justices of the Peape for the County of Restigouche 
 the sum of one hundred pounds, to be applied by them in aid 
 of individual subscription towards the erection and completion 
 of a Town Hall and Mechanics' Institute at Palhousie. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Govprnment for the tim^ being, the sum of three 
 hundred pounds for the purpose of establishing a communica- 
 tion by Steam during the contiri\jance of open water, betweop 
 Shediac and Prince Edward Island, once a week each way; 
 no Warrant, to issue until a certificate be received from a com- 
 petent Commissioner pr Commissioners to be appointed for 
 tbe purpose by the Government, sjl,ating that a good and suffi- 
 cient Steamer of at least seventy five horse power, pro[)erly 
 built and equipped, has been constantly running on the line for 
 the whole of the year, during open water, capable of carrying 
 with safety passengers and freight, such certificate in every 
 respect to be satisfactory to the Government. 
 
14 178 VICTORIA!, A.D. 1854. [C. 4. 
 
 To the Corporation of the City of Fredericton the sum of 
 two hundred and twenty five pounds, to be applied in improv- 
 ing the Public Wharfs at Regent Street, and at Phcenix 
 Square ; the same not to be drawn from the Treasury until a 
 satisfactory certificate be furnished the Executive Government, 
 that a like sum has been raised and expended upon the same 
 object. 
 
 To Duncan Stuart, Ganger at the Port of Saint Stephen, the 
 sum of ten pounds one shilling and six pence, being the 
 amount of his Account for gauging for the year one thousand 
 eight hundred and fifty three. 
 
 To the Governor and Trustees of the Madras School the 
 sum of four hundred pounds towards the support of that 
 Institution. 
 
 To His Excellency the Lieutenant Governor the sum of one 
 hundred and fifty pounds towards the support of the Roman 
 Catholic School established in the City of Saint John. 
 
 To His Excellency the Lieutenant Governor the sum of thirty 
 pounds, in aid of individual subscription, towards the Free 
 School in the Parish of Portland ; the same to be expended 
 by the Board of Commissioners of the Roman Catholic School 
 in Saint John. 
 
 To His Excellency the Lieutenant Governor a sum not 
 exceeding two hundred and fifty pounds to be applied in 
 relieving sick and distressed Indians in this Province, and for 
 procuring Seed Grain and Potatoes. 
 
 To the Joint Committee of the Legislative Library the sum 
 of three hundred pounds sterling, to pay for the last importation 
 of Books, and to procure an additional supply the present year. 
 
 To His Excellency the Lieutenant Governor a sum not ex- 
 ceeding three hundred pounds to enable the Commissioners at 
 Saint John to replace the Emigrant Buildings destroyed by 
 Fire there during the past year, from the Emigrant Fund. 
 
 To His Excellency the Lieutenant Governor or Adminis- 
 trator of the Government for the time being, the sum of one 
 hundred and fifty pounds towards erecting a Wharf on the 
 north side of Tabusintac River, on the Great Road from 
 Newcastle to Shippagan. 
 
 ToLettyBell, Widow of an old Soldier of the Revolutionary 
 War, the sum often pounds to aid her in her present destitute 
 circumstances. 
 
C. 4.] 17" VICTORIiE, A.D. 1854. 15 
 
 To Mary Pratt, of Saint George, Widow of an old Soldier 
 of the Revolutionary War, the sum of ten pounds to aid her 
 in her present destitute circumstances. 
 
 To Jane Hawkins, of the Parish of Pennfield, Widow of an 
 old Soldier of the Revolutionary War, the sum of ten pound.4 
 to aid her in her present destitute circumstances. 
 
 To Margaret Grierson, of the Parish of Saint George, 
 Widow of an old Soldier of the Revolutionary War, the sura 
 often pounds to aid her in her present destitute circumstances. 
 
 To Mercy M'Nichol, of the Parish of Saint George, Widow 
 of an old Soldier of the Revolutionary War, the sum often 
 pounds to aid her in her present destitute circumstances. 
 
 To Esther Bryant, Widow of an old Soldier of the Revolu- 
 tionary War, the sum of ten pounds to aid her in her present 
 destitute circumstances. 
 
 To Magdalen Schurman, Widow of an old Soldier of the 
 Revolutionary War, the sum of ten pounds to aid her in her 
 present destitute circumstances. 
 
 To Nancy M'Bean, of Saint Stephen, Widow of an old Sol- 
 dier of the Revolutionary War, the sum of ten pounds to aid 
 her in her present destitute circumstances. 
 
 To Jane Hamilton, of Saint George, Widow of an old Sol- 
 dier of the Revolutionary War, the sum often pounds to aid 
 her in her present destitute circumstances. 
 
 To Jane M'Rae, of Chatham, Widow of an old Soldier of 
 the Revolutionary War, the sum of ten pounds to aid her in 
 her present destitute circumstances. 
 
 To Sarah Greenlaw, of West Isles, Widow of an old Soldier 
 of the Revolutionary War, the sum of ten pounds to aid her in 
 her present destitute circumstances. 
 
 To His Excellency the Lieutenant Governor or Administra- 
 tor of the Government for the time being, the sum of one hun- 
 dred pounds towards erecting a Public Wharf in the Parish of 
 Saint Mary's, at Hooper's Landing, in aid of individual sub- 
 scription. 
 
 To Redmond Maguire the sum of twenty five pounds for 
 damages sustained by a Contract taken under A. Goodfellow, 
 Esquire, in consequence of the great Freshet in November 
 last ; the same to be taken from the Great Road Grant from 
 Fredericton to Miramichi, if approved of by the Supervisor. 
 
16 n^ YlCTOVilM, A,.n. 1854,. [C. 4 
 
 To Samuel. D. l^iller, Teacher of the Cotflmercial School 
 in tl^e t^'ty of Saint Jobn, the sum of fifty pounds in aid of 
 the said esiablishinent, and to defray the increased expenses 
 thereof, 
 
 To Siivain Babino the sum of nineteen pounds seventeeii 
 shillings and six pence to reimburse him for extra worlj per- 
 formfid under a (/ontract with the Commissioners for extending 
 the VYIiart at Shedjac. 
 
 To William P. ^ayre, of Dorchester, Westmorland, thesu-n 
 of nine pounds thjirteen shillings aiid four ()Ptice to remunerate 
 him for services performed as SheriflT of sai^ County fpr the 
 late Attorney general Peters.. 
 
 To William Segee, of ^ledericton, the sum of fifty pounds 
 to remunerate him for his sprvices as Stageman during the 
 last Session of the Legislature. 
 
 To His Excellency the Lieutenant Governor the sum of 
 seventy five; pounds for the purpose of extending the Public 
 Wharf at Ferry Point, in the County of Albert, agreeably to 
 the Rejiort of the Committee of Trade. 
 
 To Anne Ellis, a licenced Teacher, the sum of nine pounds 
 for having taught School iti the Parish of Bathurst for a period 
 of six months ended January the first, one thousand eight hun- 
 dred and fifty two. 
 
 To His Excellency the Lieutenant Governor the sum of one 
 hundred pounds, in aid of individual subscription, to extend 
 the Wharf at the Public Landing; in the Town of Magagua- 
 davic to low water ; the Warrant not to issue until satisfactory 
 proof has been furnished to the Government that the work has 
 been fully completed and done in a sufficient manner. 
 
 To His Excellency the Lieutenant Governor the sum of one 
 hundred pounds, in aid of individual subscription, towards the 
 support of a Free f^cliool in Fredericton for the benefit of the 
 Roman Catholic Children ; the said amount not to be drawn 
 until it be satisfactorily certified to the Government that the 
 School has been in operation for at least six months, and that 
 the number of children attending thereat is sufficient to warrant 
 an appropriation of the amount. 
 
 T9 His Excellency the Lieutenant Governor the sum of one 
 hundred pounds for the purpose of building a Breakwater at 
 Grand Aunco, in the County of Gloucester, to shelter Vessels 
 
C. 4.] n° VICTOEIiE, A.D. 1854. 17 
 
 loading Grindstones and Fish at said place ; the same not to 
 be drawn from the Treasury until it shall be satisfactorily 
 certified to His Excellency the Lieutenant Governor in Council, 
 that a like sum has been subscribed and paid and expended 
 by a Commissioner or Commissioners to be appointed for that 
 purpose. 
 
 To James F. Gooldrup, of the County of Saint John, the 
 sum of fifty pounds to remunerate him for his services as 
 Teacher of the African School at Loch Lomond in Saint John. 
 
 To Penelope Herring, of the City of Saint John, the sum of 
 twenty pounds for teaching a School for twelve months ending 
 thirty firsi December one thousand eight hundred and fifty three. 
 
 To Rachel Martin, of the City of Fredericton, the sum of 
 twenty pounds for teaching a School for twelve months ending 
 thirty first December one thousand eight hundred and fifty 
 three. 
 
 To Elizabeth Phillips, of the City of Saint John, the sum 
 flf twenty pounds for teaching a School for twelve months end- 
 ing thirty first December one thousand eight hundred and fifty 
 three. 
 
 To Mary M. Leggett. of Studholm, in King's County, the 
 sum of twenty pounds for teaching a School for twelve months 
 ending thirty first December one thousand eight hundred and 
 fifty three. 
 
 To John Lyndi, of Douglas, in the County of York, a second 
 class licenced Teacher, the sum of five pounds eleven shillings 
 and three pence, being the difference between the amount to 
 which he was entitledi and the amount received for teaching a 
 School for eighteen months. 
 
 To James King and Thomas King the sum of one hundred 
 and ninety nine pounds two shillings and six pence, for loss 
 sustained in carrying Express English Mails from Halifax to 
 Saint John, and from Saint John to Halifax, in one thousand 
 eight hundred and fifty, agreeably to the Report of a Select 
 Committee in one thousand eight hundred and fifty three and 
 one thousand eight hundred and fifty four, respectively. 
 
 To T,homas M'Avity the sum of fifty pounds to remunerate 
 him for superintending the Emigrant Buildings and the landing 
 and supervision of Emigrants at Saint John for the year one 
 thousand eight hundred an4 fifty three. 
 
 2 
 
18 17° VICTORIA, A.D. 1854. [C. 4. 
 
 To the Overseers of the Poor of the Parish of Hopewell, 
 County of Albert, the sum of sixty one pounds sixteen shillings 
 to reimburse them expenses incurred in the support of a tran- 
 sient Lunatic in one thousand eight hundred and fifty two. 
 
 To James Taylor, Emigrant Agent for the County of York, 
 the sum of four pounds ten shillings and nine pence to reim- 
 burse him expenses incurred in the support of sick and dis- 
 tressed Emigrants the past Summer. 
 
 To Catherine W. Chamberlain, of the City of Saint John, 
 the sum of twenty pounds for teaching a School for twelve 
 months ending thirty first December one thousand eight hun- 
 dred and fifty three. 
 
 To Messieurs Fleming and Humbert, of the City of Saint 
 John, Iron Founders, the sum of thirteen pounds five shillings 
 and nine pence, being amount of duties paid on Machinery 
 imi)Grted for manufacturing purposes. 
 
 To the Justices of the Peace of the County of Gloucester, a 
 sum not exceeding one hundred pounds towards the erection 
 of a Public Hall and Mechanics' Institute at Bathurst, in said 
 County. 
 
 To Eliphaz Coddington, of Grand Manan, the sum of ten 
 pounds to remunerate him in part for services during the late 
 War, and to relieve him in his present indigent circumstances. 
 
 To Philip White, of Queen's County, the sum of seven 
 pounds ten shillings to remunerate him for ferrying Her 
 Majesty's Mails over the Washademoak Lake ifor the last 
 two years. 
 
 To John Robicheau, of Tracadie, County of Gloucester, the 
 sum of five pounds to compensate him for ferrying Her 
 Majesty's Mails across the Big Tracadie River for the past 
 year. 
 
 To Francis Petite, of Victoria, the sum of twenty pounds to 
 remunerate him for ferrying Her Majesty's Mails across the 
 River Saint John, at the Grand Palls, during the past year. 
 
 To Daniel Carney and Thomas Gosnell, of the County of 
 Gloucester, the sum of ten pounds to remunerate them for 
 ferrying Her Majesty's Mails across the River Nepisiguit the 
 past year. 
 
 To James Tarrio, of Albert, the sum of five pounds to remu- 
 nerate him for carrying Her Majesty's Mails from the Post 
 
C. 4.] 17= VICTORIiE, A.D. 1854. 19 
 
 Office in Hillsborough to Walter Hume's, in the Parish of 
 Hopewell, in said County, a distance of ten miles. 
 
 To Charles Taylor, of Campbellton, in the County of Resti- 
 gouche, the sum of twenty pounds to remunerate him for fer- 
 rying Her Majesty's Mails across the Restigouche River, to 
 Cross Point on the Canadian side, during the past season. 
 
 To James M'Master, of the County of Charlotte, the sum 
 of twenly five pounds to remunerate him for carrying Her 
 Majesty's Mails between Saint Andrews and Campo Bello, in 
 said County, during the Winters of 1850 and 1851. 
 
 To Benjamin Yerxa, Junior, of Saint Mary's, in the County 
 of York, the sum of fifteen pounds to remunerate him for 
 ferrying Her Majesty's Mails across the River Saint John for 
 the last two years. 
 
 To Laurent Brideau, the sum of five pounds to remunerate 
 him for ferrying Her Majesty's Mails across the Pokemouche 
 River during the past year. 
 
 To His Excellency the Lieutenant Governor the sum of 
 fifty pounds, in aid of individual subscription, towards the sup- 
 port of the African School in the City of Saint John. 
 
 To Charles H. Thompson, of Saint Andrews, in the County 
 of Charlotte, the sum of fifty eight pounds eight shillings to 
 reimburse him duties paid on Patent Machinery from England, 
 which could not be ^procured from any other place. 
 
 To James Morse, one of the Fishery Wardens of the County 
 of Restigouche, forty pounds for his services in that capacity 
 for the year one thousand eight hundred and fifty one, there 
 being no Act in force at that time to enforce assessments for 
 that purpose. 
 
 To Daniel M'Laughlan, of the Island of Grand Manan, the 
 sum of forty pounds to compensate him for services rendered 
 Her Majesty's Cruisers in the protection of the Fisheries, and 
 for services rendered to several Vessels when in imminent 
 danger, thereby saving many valuable lives and a large amount 
 of property. 
 
 To Alexander Cook, one of the Fishery Wardens of the 
 County of Restigouche, the sum of fifteen pounds to compen- 
 sate him for services rendered and expenses incurred in that 
 capacity in the year ending May one thousand eight hundred 
 and fifty three. 
 
20 170 VICTORIA, A.D. 1854. [C. 4. 
 
 JTo James Brown, .one of tSfie Fishery Wardens fqr the 
 County of ChsfJotte, the sum of twenty ,^i^e pounds to reipi- 
 burse him expenses incurxed in discha,rg.e of his c^uty fo^r the 
 year one thousand eight hundred and fifty tjtir,ee. 
 
 To Jqhn Ajexander, ope of the Fishery Wardens for the 
 County pf Charlotte, the sum of fifteen pounds to reimburse 
 him expepses incurred in discharge of his duty for the year one 
 tl^ousand eight hundred apd fift^ t(ir^. 
 
 To Hi? E^cellenpy the Lieutenant Governor thp sum of five 
 hundred pounds for the pprppse of encouraging Fishery 
 Societies in the same manner as the AgricultHra,! Sopieties 
 are by Law. 
 
 Tp John Bisl^pp the sura pf eleven pounds for six months 
 services as a second class Teacher ending thirteenth June pne 
 thousand eight hundred and fifty two. 
 
 To Elizabeth M'Ca,n.n t^ sum of twenty one pounds for 
 fourteen months services as a third class Tpftcher eiitling fj^st 
 March one thousand eight ^lundred and fifty three. 
 
 Tp Rufus Pipes the sum of twelve ppundg ten shillings for 
 five months services as a first cl^ss TfiSch^r ending in M?iy 
 one thousand eight hundred and fifty two. 
 
 To I^awrenqe L. Q'Regan the sum of .eighteen popnds for 
 twplve months services as a third class Teacher ending th,e 
 first of May ppp thousand eight hunflred and fifty two. 
 
 ■^p Gfeorge Jones the sum of eight pounds five shillings for 
 five and one half months services as a third class Teacher end- 
 ing first of April one thousand eight h^ndi;ed and fifty two. 
 
 To Jolin M'Co^rt the sum pf ten pounds ten shillings fqr 
 seven months services as a third class Teacher ending first 
 December one thousjapd eight hundried and fpi;ty si^, 
 
 Tp George Cummings the sum of eighteen pounds fortwely^ 
 months services as a third cl^ss Teacher pqding thirty first 
 December one thousand eight hundred apd fifty three. 
 
 To Elizftbelh Doiron the sum of seven pounds for six months 
 services as a third class Teacher ending fifteenth day of Sep- 
 tfni^ier pne thousand eight hundred and fifljy two. 
 
 Tp Henrietta Doiron the sum of fourteen pounds fpr tw.^Jve 
 months services as a third cl,ass Te^clier ending seventh June 
 one thousand eight hun,dred and fifty three. 
 
 To Delancy M. Trites the sum of nine poundsifpicfojirand a 
 
C. 4] 17° VICTORIiEi A.D, 1854. 21 
 
 Half months services as a second class Teacher etidihg tWent^ 
 ninth Mafch one tHou^airid eight hundred and fifty tvfo. 
 
 To Thomas A. White the sum of twenty two pounds ten 
 shillirigs for fifteen months services as a third class Teacher 
 ending seventh May one thousand eight hundred arid fifty one. 
 
 To Joseph Dixon the sum of three pounds six shillings and 
 eight pencfe fot two months services as a third class Teacher 
 in the Parish of Lancaster j in the Coiinty of Saint John, ending 
 thirtieth Novendber one thousand eighthundred and thirty nine. 
 
 To Mary DiiflTthe sum of niiie poitnds for six months servi- 
 ces as a third class Teacher ending firSt December orie thoif- 
 saiid eight hundred and fifty one. 
 
 Td John Stillman the sum of six pourrds, being difi^erericd 
 between amount received and to whibh he was entitled as a 
 second class Teacher. 
 
 To John M. O'Donaghtiei the sum of eighteen poiitids for 
 tvvelve months services as a third class Teacher endirig thir- 
 teenth September one thousand eight hundred and fifty two. 
 
 To the Trustees of the Milltown Academy at Saint Stephen 
 the sum of one hundred pounds towards ^he Support of that 
 Institution. 
 
 To the Trustees of Schools for the Parish of Hampstead, in 
 Queen's County, the sum of eighteen pounds to remunerate 
 William Downey for twelve months services as a third clriSs 
 Teacher endiiig twehty fifth May one thousand eight hundred 
 and fifty two. 
 
 To Rowlarid Crocker the sum of nine pounds for his serviced' 
 as a third class Teacher for six mOiiths ending seventh June 
 one thousand eight hundred and fifty three. 
 
 To David Lynch the stiih of nine poiinds for his services As 
 a third' class Teacher for six niohths ending^^ twelfth January 
 one thousand eight hundred and fifty two. 
 
 To Jaiie Steverison the sum of ten pounds for six moritfhs 
 sei*vices as a third dltiss Teiachef etlding fifth July 6fl6 thbU- 
 saiid eight hundred and fifti^ two. 
 
 To Eliziabeth O'Coiitiot the suth of ttvo poiinds six shillings 
 and eight pence for tWo iriorithS services as a third cla^y 
 Teadhiei* ending first August one thousand eight htindred atd 
 fifty two; 
 
 To Ellen Howlett the suni oiF foiir pounds ten shiliingi' foi* 
 
22 17® VICTORIA, A.D. 1854. [C. 4. 
 
 her services as a third class Teacher for three months ending 
 first October one thousand eight hundred and fifty one. 
 
 To Silvain Cormea the sum of six pounds for four months 
 services as a third class Teacher ending ninth June one thou- 
 sand eight hundred and fifty three. 
 
 ' To Jeremiah Meagher the sum of nine pounds for his ser- 
 vices as a third class Teacher for six months ending the 
 eleventh November one thousand eight hundred and fifty. 
 
 To William Quinn the sum of thirteen pounds ten shillings 
 for his services as a third class Teacher ending first August 
 one thousand eight hundred and fifty two. s 
 
 To Mary Morrison the sum of fourteen pounds for twelve 
 months services as a third class Teacher ending first April 
 one thousand eight hundred and fifty three. 
 
 To Thomas Smith the sum of eleven pounds five shillings 
 for seven and a half months services as a third class Teacher 
 ending first October one thousand eight hundred and fifty two. 
 
 To John Hornibrook the sum of four pounds ten shillings 
 for three months services as a third class Teacher ending 
 twenty eighth February one thousand eight hundred and fifty 
 three. 
 
 To John J. P. Gibb the sum of eighteen pounds for twelve 
 months services as a third class Teacher ending thirtieth Sep- 
 tember one thousand eight hundred and fifty three. 
 
 To Samuel H. Shaw, of the Parish of Simonds, in the 
 County of Carleton, the sum of eighteen pounds for twelve 
 months services as a third class Teacher ending twentieth 
 February one thousand 6ight hundred and fifty two. 
 
 To Mary Ann M'Neal, of Woodstock, in the County of 
 Carleton, the sum of seven pounds for six months services 
 as a third class Teacher ending first February one thousand 
 eight hundred and fifty two. 
 
 To the Provincial Board of Education a sum not exceeding 
 forty pounds to enable them to pay £dward L. Outhouse, 
 Assistant to the Provincial Training School, such a sum in 
 addition to his present salary as will secure his services in that 
 Institution and fairly compensate him therefor. 
 
 To George B. Bell the sum of forty pounds for ferrying Her 
 Majesty's Mails across the River Miramichi, on the line from 
 Halifax to Restigouche, for the yee^rs one thousand eight 
 
C, 4] 17° VICTORIiE, A.D. 1854. 23 
 
 hundred and fifty two and one thousand eight hundred and 
 fifty three. 
 
 To Jane Gallagher, Widow of the late John Gallagher, 
 Esquire, Town Major of the City of Saint John, the sum of 
 thirty pounds in full for extra services performed and advances 
 made by her late Husband, while Quarter Master General 
 of the Militia during the Canadian troubles. 
 
 To Margaret Phillips, Widow of the late James A. Phillips, 
 the sum of twenty five pounds, balance due her late Husband 
 for Papers furnished this House for past years, in full of all 
 claims. 
 
 To Thomas Black, of Saint Martins, County of Saint John, 
 the sum of twenty pounds for teaching a School for a period of 
 twelve months. 
 
 To the Justices of the Peace for the County of Charlotte the 
 sum of two hundred pounds, in aid of individual subscription, 
 for the purpose of extending the Steamboat Landing to low 
 water mark ; one hundred and fifty pounds of which to be a 
 re-appropriation of that sum granted last Session to His 
 Excellency the Lieutenant Governor, as follows : — " Towards 
 erecting a Public Wharf and Steamboat Landing at Saint 
 Andrews, the same to be in aid of individual subscription, and 
 not to be drawn from the Treasury until it shall be satisfactorily 
 certified to His Excellency that a like sum has been subscribed 
 and paid and expended upon the above work, and the Wharf 
 completed to the satisfection of the Government." 
 
 To His Excellency the Lieutenant Governor a sum not 
 exceeding fifty pounds, in aidof individual subscription, towards 
 erecting a Public Seminary at Memramcook, County of West- 
 morland ; the same not to be drawn from the Treasury until it 
 be satisfactorily certified to His Excellency that a good and 
 efllcient School has been established and in successful operation, 
 and that at least double that sum has been subscribed, paid, 
 and expended towards that object. 
 
 To William Sheals, of Saint Mary's, in the County of York, 
 the sum of ten pounds towards remunerating him for removing 
 obstructions and repairing the embankments on a part of the 
 Great Road leading from Fredericton to Newcastle. 
 
 To Francis X. Buteau, the sum of thirteen pounds for 
 haying taught School in the Parish of Beresford, in the County 
 
24 I70 VICTORIA, A.B. 1854. [Cf. 4. 
 
 of Gloucester, for a period of nine months ending the first 
 day of July one thousand eight hundred and fifty three. 
 
 To Jacob Dewitt, of Blissville, in the County of Sunbury, 
 the sum of ten pounds, being amount due his late Mother-in-law, 
 Sarah Creekmore, the Widow of an old Soldier of the Revo- 
 lutionary Wa,r, at the time of her death. 
 
 To Lambert Pond, of Saint Mary's, in the County of York, 
 the sum of nine pounds three shillings and four pence, being 
 amount due his late Father, John Pond, an old Soldier of the 
 Revolutionary War, at the time of his death. 
 
 To Henry Wannamaker, of Studholm, in King's County, 
 the sum of fourteen pounds sixteen shillings and eight pence, 
 being for one year's pension due his late Mother, Leah Wan- 
 namaker, and for seven months due his late Mother-in-law, 
 Dorothy Groom, Widows of old SoFdiers of the Revolutionary 
 War, at the tiihe of their deaths. 
 
 To John Rigar, of Prince William, in the County of York, 
 an old Soldier of the Revolutionary War, the sum often pounds 
 to aid him in his present destitute circumstances ; the same not 
 to be drawn until it be satisfactorily certified to His Excellency 
 the Lieutenant Governor by the Clerk of the Peace in Session^, 
 that the applicant has not been certified for the term now 
 granted for, a:nd that the next certificate (if the applicant be 
 alive) shall have date from the time he is by this Resolution 
 paid for, and to expire January Sessions one thousand eight 
 hundred and fifty five; for twelve months. 
 
 To Elizabeth Bayley, of Diluglas, in the County of York, 
 Widow of a disbanded Soldier of Her Majesty's ninety eighth 
 Regiment, the sum of twelve poundk, to be applied in payment 
 of a lot of Land on which her late Husband was located; the 
 said lot of Land to be granted to the Widow and Children of 
 the deceased. 
 
 To Jiames Hogg the sum of fifty pounds for reporting and 
 publishing the Debates of the Legislature for the present' 
 Session. 
 
 To the Overseers of the Poor for the Parish of Saint 
 
 Stephen,, the sum of six pounds seventeen shillings and five 
 
 pence to remunerate them for support afibrded to Emigrant 
 
 P.oor for the year one thousand eight hundred and fifty three. 
 
 To the Justices of the Peace for the County of Victoria the 
 
d. 4] 17* VlCTORliE, A.D. 1854. 25 
 
 suiii of fifty pounds, to be applied by theiti, in aid of individual 
 subscription, towards the efectibn and completion of a Town 
 Hall and Mechanics' Institute at Edmundston in said Coftnty. 
 
 To the Trustees of the Institute and Hall in the Parish of 
 Burton, County of Suribury, the sum of fifty {)dunds to enable 
 them to pay off the debt due on said building. 
 
 To His Excellency the Lieutenant Governor a sum not 
 exceeding seven hundred and fifty pounds for the purpose tit 
 procuring a Map of this Province, and for furriishing a suffi- 
 cient number of copies for the use of the Parish Schools and 
 for general circulation. 
 
 To the RestigoUche Branch of the Miramichi Electric 
 Telegraph Company the sum of two hundred poUnds to assist 
 ih building a line of Tefl6graph from Bathurst through the 
 County of Restigouche, to meet and connect with the Canadian 
 line via Metis ; the same not to be drawn from the Treasury 
 until it be satisfactorily certified to the Governor in Council 
 that double tfhat sum has been subsdribed and paid by the 
 stockholders. 
 
 To the Reverend Charles Churchill the sum of seven poUnds 
 fifteen shillings to reimburse him for diit^ paid on a Carriage 
 o^ried by hinrt in Canada and imported into this Province 
 through the United States. 
 
 To Ann Cowdel the sum of eighteen pounds for keeping ai 
 School in the Parish of Sackville, in the County of Westmor- 
 land, for a perioii of twelve iribnths ending November one 
 thousand eight hundred and fifty three. 
 
 To lilary Roach, the Widow of an old and nieritoribus 
 Soldier, the sum of ten pounds to assist her in her present 
 destitute circumstances. 
 
 To William Morrisoii and Heiiry Eagles, Overseers of the 
 Poor for the Parish of Alnwick, in the County of Northum- 
 berland, the sum of thirty nine pounds eight shillings to 
 reimburse expenses iUcurred by t^iem in supporting Richard 
 Donov^ili, a Lunatic Pauper Emigrant^ in tie year oiie thousand 
 eight hundred iiid forty seven. 
 
 To Mark Neville, the sum of twenty five pounds for having 
 tsttrgbt a School at the Indiairi Village, York County, for the 
 instructioti of young Indian Children, for six months ending 
 thirtieth day of March one thousand eight hundred aiid fifty four. 
 
26 17= VICTORIiE, A.D. 1854. [C. 4. 
 
 t ' — 
 
 To His Excellency the Lieutenant Governor the sum of fifty 
 pounds for the Missionary to the Milicete Tribe of Indians 
 stationed at Fredericton for the year one thousand eight hun- 
 dred and fifty four. 
 
 To Mary Collins, Widow of the late Doctor Collins, who 
 fell a victim to the pestilential disease raging on Partridge 
 Island at the Quarantine Establishment in one thousand eight 
 hundred and forty seven, while in professional attendance upon 
 the numerous Emigrants there landed, to aid her in her pre- 
 sent distressed condition, the sum of twenty five pounds. 
 
 To the Clerk of the Crown in the Supreme Court the sum 
 of one hundred pounds for his services for the year one thou- 
 sand eight hundred and fifty three. 
 
 To Charles Whittekir the sum of eighteen pounds three 
 shillings, excess duty paid on granulated Sugar imported into 
 this Province in the year one thousand eight hundred and fifty 
 three. 
 
 To the Commissioners of Sick and Disabled Seamen at the 
 Port of Richibucto the sum of one hundred and eighteen 
 pounds, being balance of debt contracted in the erection of a 
 Marine Hospital at that Port. 
 
 To His Excellency the Lieutenant Governor a sum not 
 exceeding three thousand pounds, to be appropriated to facili- 
 tate the construction of a Railway across the Isthmus at the 
 Grand Falls, by the Grand Falls Railway Company.; no part 
 of which sum to be drawn from the Treasury until it is cer- 
 tified to His Excellency by a competent Engineer to be ap- 
 pointed by the Government for that purpose, that the road is 
 in efiicient operation for trafiic, when one thousand pounds 
 shall be drawn and paid to the said Company ; one thousand 
 pounds in twelve months ; and the remaining sum of one thou- 
 sand pounds within two years after the said certificate shall 
 have been furnished. 
 
 To His Excellency the Lieutenant Governor the sum of two 
 hundred pounds to be applied towards removing obstructions 
 and in improving the navigation of the South West Branch of 
 the River Mii"aini'''hi' 
 
 To His Excellency the Lieutenant Governor the sum of fifty 
 poundsto aid in the cpmpleUon of the Temperance Hall and 
 Institute in the Village of Gagetown. 
 
C. 4] 17= VICTORIA, A.D. 1854. 27 
 
 To William Dempsey, a licenced Teacher, the sum of nine 
 pounds for having taught a School in the Parish of Bathurst 
 for a period of six months ending the first July one thousand 
 eight hundred and fifty two. 
 
 To Anne Hadley, a licenced Teacher, the sum of fourteen 
 pounds for having taught School in the Parish of Beresford for 
 a period of twelve months ending the thirty first December one 
 thousand eight hundred and fifty three. 
 
 To Francis Watson, of Woodstock, in the County of Carle- 
 ton, the sum of twenty seven pounds to compensate him in full 
 for expenses incurred in defending the title to his Land under 
 the Treaty of Washington, agreeably to the Report of the Select 
 Committee. 
 
 To His Excellency the Lieutenant Governor the sum of two 
 hundred pounds to enable Alexander Munro to complete and 
 publish a Work on the Statistics of New Brunswick, and to 
 furnish copies of the same for the use of Parish Schools, agree- 
 ably to the recommendation of the Select Committee. 
 
 To His Excellency the Lieutenant Governor the sum of 
 twenty jjounds to remunerate Belong Legere and Frederick 
 Burke for work performed under a Contract to build an Aboi- 
 deau in Belleveau Village, in the County of Westmorland, in 
 one thousand eight hundred and fifty one ; the work having 
 been carried away when half completed by the high tides and 
 heavy rains. 
 
 To His Excellency the Lieutenant Governor the sum of 
 fifteen pounds to be applied towards assisting John M'Manus, 
 of King's County, in settling on a lot of Land on the Albert 
 Road, between M'Manus' and Doran's, the said sum being a 
 te-appropriation of a Grant made to Patrick White, of New 
 Ireland, in the County of Albert, in accordance with the Report 
 of the Agricultural Committee in the year one thousand eight 
 hundred and forty nine ; the same to be paid so soon as it shall 
 be made to appear to His Excellency that he has located him- 
 self upon the tract of Land, built a house, and resided therein 
 six months. 
 
 To L. P. W. DesBrisay the sum of nine pounds ten shillings, 
 being amount of export duty paid on the cargo of the Brig 
 " Adelaide," which Vessel was wrecked and the cargo re- 
 landed in September last. 
 
28 170 VICf ORl^, A.I). i§54. [0.4] 
 
 To llis Excellency the tiieiftehant Gbve^ridr the sum of one 
 huiidred pounds, together wiihtwo hundred pbtinds granted ill 
 oiie thousand eight hundred atid fifty tHt-ee, and now re-appro- 
 priated, for the purpose of constructing ei Il^raw in the Bridge 
 ove'r the Hichibiictb River ; this Cri*ant, together with the Grant 
 of last Sels^ibti, n£ft to be expended unless it shall be satisfac- 
 torily certifiM by a Commissioner to be appoidted for the pur- 
 pose, that such Draw can'bfe placed in the saiid Bridge without 
 materially reduciAg its strength, and that after the ^strhe is so 
 platced in thfe Bridgej the Bridge shall be as perfectly safe as 
 it is at present* 
 
 To His Excellency the Lieutenant Governor a sum not 
 exceeding six thousand pounds for the protection of the Reve- 
 nue' the present year. 
 
 To His Excellency the Lieut&hant Governor the sum of one 
 thousand two hundred and fifty pounds tdwards thb Support of 
 the Provincial Penitentiary fbr the current year; 
 
 To His Excellency the Lieutenant Governor the sUmof two 
 thousand seven hundred and fifty pounds towards the nlain- 
 tenance of the Provincial Liinatic Asylum for the year one 
 thbusand eight hundred and fifty fbiir. 
 
 To His Excellency the Lieutenant Goveriibr a Suiii iiot 
 exceeding three thbusand two hundt^d and Mtj pounds (di 
 enlargirigj finishing, and cortipleting thfe Prbvincial - Lunatic 
 Asylum as near as possible agreeably to the original design. 
 
 To the Quarter Master General of the Militia Fbrces' the 
 sum of one hundred and fifty pounds fbr his services in 
 that calpadity the past year. 
 
 To the Adjutant General of the Militia Pbrces the sum of 
 eighty five piounds fbi' his serviced in that capacity the piftSt year. 
 
 To the Commissibher of Government House the suiri bf 
 sixty pounds for Cbals for the Public Rbbms and Offices in 
 Cfoverrimetit House. 
 
 To A. H. Weeks the sun* of fifty pbtiiid^ for ttedching a 
 superibr School in Buctbuche, in the County of K.erit, for one 
 year ending first April one thousand eight hundred ahd fifty 
 three. 
 
 To His Excellency the Lieuteii&nt Goverribr the sum bf 
 two hundred poutfds'tb be aipplied in erecting a Public; ^harf 
 at Campbellton, in the County of Bestigbuche. 
 
C. 4,.] 17^ VICTORliE, A>P- 1854. 29 
 
 To His Excellency the Lieute^ajjt Governor a sum not 
 exceeding geypp hundrejJ ancj fifty popnds to be applied in 
 erecting an Jlospital for the Sifik ^.nd Keeper's House, at the 
 Provincial Penitentiary. 
 
 To David W. Jack, Deputy Treasurer at Saint Andrews, 
 the sum ,qf fifty pQ^ri^s fpr his s^^vices in that capacity the 
 past year, in addition to th? amoupt al|ow,ed by law. 
 
 To His Excellency the Lieutenant Governor a sum not 
 exceeding five thpqs^rid pounds to be appropriated in procuring 
 a good and efficient Dredging Machjne or pther Machinery, 
 to be employed in removing obstructions in the Harbours and 
 Rivers on and emptying into the Bay of Fiindy. 
 
 To the Commissioners of Light Houses for the Bay of 
 Fundy the sum of one thousand seven hundred and fifty pounds 
 tp meet the contingencies fpr the present year, apd a further 
 gum of two hundred and fifty pounds towards ^the support of 
 the Lights at Brier Island and pape Sable Seal Island, in the 
 Provinpe of Nova Scotia ; to bp taken frppi the Light House 
 EunjJ. 
 
 To the three Appraisers at Saint John the sum of twenty 
 five pounds each for their services the past year. 
 
 To His Expiellency ,^he Lieutenant Governor a sum not ex- 
 ceeding one thousand pounds for t;he support and maintenance 
 of the Tracadie Lazaretto the current year, and for discharging 
 any balances that may be found due. 
 
 To William Kinread the sum of one poun^ ^Ipven shillings 
 and ten pence, being duties paid by him on a Machine for 
 maHing Bricks, impprted frpm Prince Edward Island. 
 
 To S. E- Higgles the sum of one pound fourteen shillings 
 and four pence, to reipiburse duties on Chg.i^s imported from 
 Prjnce Edward Island in August last. 
 
 To James Malone the sum of twenty pounds for losses 
 sustained in carrying Her Majesty's Mails from Fredprictdn to 
 "Vyoodstock, on account of the great Freshet in Npyember last. 
 
 Tp His Excellency the Lieutenant Governor the sum of one 
 
 hundred pounds towards building a Breakwater and Boat 
 
 Ilarbpur at Irish Towp in the Parish pf Lapc.aster, County of 
 
 ^Saint John; the same to, be in aid pf individual subscription, 
 
 ,apd £is 3. re-appropriatipn of t^at amount granted in one 
 
 thousa,ad pight hundred ^pd fifty twa. for a amjla^ purpose. 
 
30 17'' VICTORIA, A.D. 1854. [0. 4. 
 
 To James Robertson the sum of ten pounds for ferrying 
 Her Majesty's Mails across the River Tabusintac, in the 
 County of Northumberland, during the years one thousand 
 eight hundred and fifty two and one thousand eight hundred 
 and fifty three. 
 
 To George Christie the sum of twenty five pounds for 
 increased expenses incurred in carrying her Majesty's Mails 
 between Saint John and Saint Andrews, caused by the Bridges 
 on the Road being, carried away last Autumn. 
 
 To Robert Kelly, Mail Carrier between Fredericton and 
 Saint Stephen, the sum of twenty five pounds in consideration 
 of losses sustained by the destruction of Bridges and the depth 
 of the snow. 
 
 To His Excellency the Lieutenant Governor the sum of two 
 hundred pounds for promoting the publishing and gratuitous 
 distribution to Emigrants arriving in this country of a Hand 
 Book, descriptive of the Province, its geographical position, 
 Crown Lands — mode of sale, Crops, Fisheries, Minerals, form 
 of Government, demand for labour, and other information 
 necessary to settlers in this country ; no Warrant to issue for 
 this service until it is certified to the satisfaction of His Excel- 
 lency in Council that the work contemplated fully justifies an 
 appropriation of this amount, and that it has been printed and 
 published for use and circulation. 
 
 To the Bathurst Branch of the Miramichi Electric Telegraph 
 Company a sum not exceeding one hundred and ten pounds 
 to assist in building a line of Telegraph from Miramichi to 
 Bathurst, to meet and connect with the Restigouche line to 
 Canada via Metis ; the money not to be drawn from the 
 Treasury until it is satisfactorily certified to the Governor in 
 Council that double that sum has been subscribed and paid 
 towards the same object. 
 
 To His Excellency the Lieutenant Governor the sum of one 
 thousand pounds for the purpose of exploring and opening out 
 a great line of Road from or near the mouth of the River 
 Tobique to the Settlements on that River, and across the 
 country towards the Settlements on the River Restigouche, on 
 such route as the Commissioner or Commissioners to be ap- 
 pointed for that purpose shall deem most advisable for opening 
 ' up and settling the extensive tract of valuable and fertile land 
 
C. 4.] 17* VICTORIiE, A.D. 1854. 31 
 
 lying between the River Saint John and the northern section 
 of the Province. 
 
 To Joseph Kingston, of Burton, in the County of Sunbury, 
 the sum of two hundred pounds towards the support of his 
 Power Loom Manufactory Establishment. 
 
 To R. and H. Davis, of Woodstock, in the County of Carle- 
 thn, the sum of one hundred and twenty five pounds in aid of 
 their establishment for the manufacture of Woollen Cloths ; 
 the same not to be drawn from the Treasury until it be satis- 
 factorily certified that the same is in full and efficient operation, 
 agreeably to the Report of Select Committee. 
 
 To George Kerr, of Charlotte County, the sum of twenty 
 four pounds to enable him to pay for a grant of Lots number 
 seventeen and eighteen, in Tryon Settlement. 
 
 To Beverly R. Jouett, Esquire, the sum of forty five pounds 
 being the balance|^ue him as recommended by a Committee 
 of the Session of one thousand eight hundred and fifty three. 
 
 To Thomas Williams the sum of sixty three pounds for his 
 services for nine months ending the ninth of February last, in 
 taking care of the Province Building and the property therein, 
 and for keeping in order and taking care of the grounds 
 around the same. > 
 
 To the Commissioners of Light Houses in the Bay of Fundy 
 the sum of thirty pounds for the purpose of laying down Buoys 
 at or near the entrance of Musquash Harbour ; the same to be 
 taken from the Light House Fund. 
 
 To His Excellency the Lieutenant Governor a sum not 
 exceeding five thousand pounds to be expended in procuring 
 suitable secure Provincial Buildings at difiierent Ports of Entry 
 in this Province, agreeably to the Report of the Finance Com- 
 mittee submitted to this House on the fourth day of March 
 last. 
 
 To John Main, of Richibucto, County of Kent, the sum of 
 nine pounds three shillings and four pence, being amount of 
 duty paid on a Steam Engine and Machinery for a Chair 
 Manufactory established by him in that place. 
 
 To James Peters, of King's County, the sum of six pounds 
 to reimburse him duties on a valuable Breed of Animafs 
 imported for the imjirovement of the Stock of the Province. 
 ' To L. D. Wigan, Esquire, the sum of thirty pounds for 
 
33 11" VICTOBIiP, 4.D. 1854. [C 4- 
 
 ejctra vyqr^ done on a Bridge on t,he gre^t lin^ pf K<oad Reading 
 from Fredericton to Miramichi. 
 
 To IJis Excellency the Lij^litenant Griovernor .the sum of one 
 thousand pounds towards improving the navigation cif the River 
 Saint John, between Fredericton and the jGrra^d Falls, agree- 
 ably to the Report pf the jCpmi:ui|tee. 
 
 To His Excellency the Lje|itj§nant Governor ;fi sum not 
 exceeding one thousand four hu^^red pounds towards the 
 introducti,on pf iraproyed Breeds of Mares, Horiied CatUe, 
 Sheep, and Swine, into tJjis Provincfi, provided that no greater 
 sum than one hundred pounds be allowed to eacji County, on 
 condi|iqn that an equal sum be raised au4 P^id by the Agri- 
 cultural Societies in each ppunty ; the Grant not to he paid 
 until the Stock shall be actually imported into the Province, 
 and security be given by the respeqtive Soci^ies, or the pur- 
 chaser of the Stock, that the same will beAept in the .Gqi^nty 
 for at least three years. 
 
 To His Excellency the Lieijtenfi^t Governor the sum of five 
 hundred and forty two pounds four shillings and eight pence, 
 t,p reimburse the Cqmmissioners pf Light Houses for expenses 
 incurred by them in the erection of the,Gas Wpi>|ts and appa- 
 ratus at Partridge Island; the sanje to be, taken ffom the 
 Light House Fuiid' 
 
 To His Exjcellenpy the Lieutenant ,(^pyernor the sum ,qf 
 twenty pounds, in aid of indiyidtial subscription, towar4s tite 
 making of a Towing Path on Salmon River in X^neen's County ; 
 such amount not to be drawn from the Treasury until it shall 
 be certified satisfactorily to the Government that a similar 
 sum has been raised and satisfactorily expended by the inha- 
 bitants for the same purpose. 
 
 To His Excellency the Lieutenant Governor the sum of oue 
 hundred and twenty pounds to be expended in the purchase pf 
 a Machine of the most improved desxwiption for driving Piles 
 for the protection and improvement of the River Saint Johi). 
 
 To His ExceUency the Lieutenant Governor the suBfi of one 
 thousand and sixty seven pounds further tpwacds paying the 
 expenses of the Law Commission, whieji sum shall be in/ull, 
 including all the contingent expenses qf the Commission. 
 
 To the Honorable Attorney General.^lje sum of pine pounds 
 six shillings and tb^ee pence, balance pf his Busi.^jss ^Account 
 
C. 4.3 l?® VICTORIA, A.D. 1854. 88 
 
 with the Province dui'ifig the year one thousand eight hundred 
 and fifty three. 
 
 To James Dunlop, of 8oHthamf»t«n, in the County of York, 
 the sum of seven pounds tea shillings, 'being amount due his 
 late Mother, Martha DuHlop, the Widow of an Old Soldier 6{ 
 the Revolutionary War, at the time of her death. 
 
 To James Starkey, of Queen's County, the sum of four 
 |)dunds to reiftiunerBtte him for ferrying th* Mails over the 
 Washademoak River at Long Greek the last year, on the route 
 from Susse*, in 'King's, to Cambridge, 'Queen's County. 
 
 To tfae Saint Croix Agricultural Society the sum of thirty 
 six pounds thirteen shillings and six petice to enable them to 
 pay in part for a Stud Horse by them imported last year. 
 
 To John Simpson, Queen's Printer, the sum of six hundred 
 and fifty pounds in full for printing "the Daily and Revised 
 Journals of t?he Legislative Council and House of Assembly 
 t?he pr«9ent Session, -the said Grant toinehtde payment of the 
 Revised Journals- ef. both Houses, to be furnished during She 
 r.e«ess in Vhe ^su^l manner. 
 
 •To Dngald "Stewatt, Deputy 'Treasurer at Da:lhousie,>the 
 sum of one'hundred pounds for his services in that capacity 
 the past year, in addition to the amount allowed by law. 
 
 To Messieurs Crrabam and Hill the sum of two hundred and 
 tw«n^>p6wnds for reporting '«nd ptrblisfaing Debates of the 
 pveseUt 'Session, to be paid ^vhen> tbe'Gontract is performed. 
 
 To iHis iiExcellency the Lieutenant Crovernor «he sum of 
 twelve hundred'and fifty pounds to reimburse advances made 
 for the -repairing of ^Roads, rebuilding and repairing Bridges 
 damaged or carried away by the ^Freshet in 'N'ovemberflast. 
 
 To His Exoe*Wency the Lreiutenant Governor the sum ef one 
 hundred and *ffiy pounds towards cota^leting the new Road 
 laid ©Mt'to the^Hspension^ridge' in Saint John. 
 
 'T-o His'EcXeelleHdy the'Lieiltenant Governor a snmnot ex- 
 ceeding five hundred pounds to provide for the more .efficient 
 discbargetef'the duties' appertaining to the PostOfiicelEstab' 
 li«ibment'4n this^rovince. 
 
 ►ToHisiExcfelifenc/.tbe'LieuteHaftt ^Governor a sum not ex- 
 eeedi-Bg one 'ihiWdred pourids, ^beitogin full for'Jaed'b Allan^'S 
 Salary, and that ef his 'Clerk, 'R.DAlt6n, on the ibrea^king up 
 of the Oifice so long held by him as Seizing Officer, in the 
 
 3 
 
34 17» VICTORIiE, A.D. 1854, [C. 4. 
 
 County of Saint John, of Timber and Lumber cut on what was 
 called the Disputed Territory. , 
 
 To Ann M 'Williams the, sum of twenty five pounds in part 
 compensation for the loss of a Barn and contents set on fire 
 and destroyed by a wandering Lunatic in the Parish of Simonds, 
 County of Saint John, in one thousand ei^ht hundred and fifty 
 two. 
 
 To His Excellency the Lieutenant Governor a sum not 
 exceeding four hundred and seventy five pounds to reimburse 
 the Commissioner of Public Buildings, and for advances made 
 for expenditure on the Province Hall and other Public Build- 
 ings ; and the further sum not exceeding three hundred and 
 twenty five pounds for repairs of Government House, fences, 
 and out-buildings, the past year ; the same not to be paid until 
 His Excellency in Council shall be satisfied that the several 
 matters and things contained in the Accounts are correct. 
 
 To the Commissioner of Public Buildings the sum of one 
 hundred pounds for his services the past year. 
 
 To John Taylor, a native of the Province, the sum of twenty 
 pounds in consideration of the talent and ingenuity exhibited 
 by him in the construction of a Fire Engine, and to assist him 
 in procuring materials. 
 
 To His Excellency the Lieutenant Governor a sum not ex- 
 ceeding three hundred pounds for the Road through the Lands 
 of the New Brunswick and Nova Scotia Land Company, one 
 third of which to be expended in connecting the Settlement of 
 said Company with the Newburgh Settlement. 
 
 To the Postmaster at Fredericton, the sum of three hundred 
 and seventy pounds fourteen shillings and six pence, being 
 Postages of the Legislature the present Session. 
 
 To the Clerk of the House of Assembly the sum of two 
 thousand five hundred and fifty seven pounds eleven shillings 
 and two pence, being the Contingencies of the Legislature the 
 presentj^ession. 
 
 2. That all the before-mentioned sums of money shall be 
 paid by the Treasurer of the Province by Warrant of His 
 Excellency the Lieutenant Governor, by and with the advice 
 of Her Maje§ty'^ Executive Council, out of the moneys now in 
 the Treasury, or as payment may be made at the same. 
 
C. 5.] 17® VICTORIiE, A.D. 1854 35 
 
 CAP. V. 
 
 An Act to provide for opening and repairing Roads and 
 erecting Bridges throughout the Province. 
 
 Section , Section. 
 
 1. Grants for Iloads and Bridges. 4. Compensation to CoramidBioners. 
 
 3. Money, by iWhoni and how expended, — ' 5. .Money, when to be expended. 
 
 and accounts rendered. 6. On what Roads money to be expended. 
 
 3. Money, how drawn. 7. Bonds by Commissioners. 
 
 Passed \sl May 1854. 
 
 Be it enacted, &fc. — 1.; There shall be allowed and paid out 
 of the Treasury of the Province to such persons as the Gover- 
 nor in Council shall appoint, in addition to the sums already 
 granted, the following for the purposes hereinafter mentioned, 
 that is to say : — 
 
 To His Excellency the Lieutenant Governor the following 
 sumsibr the Great and other Roads, for building and repairing 
 Bridges, atid for opening and improving Roads to and in New 
 Settlements, viz : — 
 
 One thousand six hundred pounds from Saint John to Nova 
 Scotia Line : One thousand pounds to be expended from Hay- 
 ward's Mills to the Nova Scotia Line ; such sum as the Super- 
 visor may find necessary to be paid Commissioners of Sewers 
 in paiTt towards keeping the Aboideau over Au Lac in repair ; 
 and such sum as may be necessary to improve the old Tanta- 
 mar Road : Six hundred pounds between Saint John County 
 Line and Hay ward's Mills ; out of which one hundred pounds 
 to be expended on the Old Westmorland Road between Tis- 
 dale's corner and Richard Smith's, via Fetherby's Lake and 
 Beaftie's Ferry (so called). 
 
 : Six hundred and fifty pounds for improving, gravelling, and 
 repairing the Great Marsh Road in the County of Saint John 
 and its vicinity. 
 
 Seven hundred pounds from Saint John to Saint Andrews ; 
 seventy pounds of which to be appropriated towards Approaches 
 to Ferry Landing west side of River. 
 
 One hundred pounds from Nerepis to Gagetown. 
 
 Seventy pounds from Dorchester to Shediac. 
 
 Three hundred pounds from Shediac to Petitcodiac. 
 
 Seven hundred and fifty pounds from Richibucto to Chatham. 
 
 Five hundred pounds from Newcastle to Bathurst, to be ex- 
 pended as follows : From Dixon's Ferry to Tabusintac Bridge, 
 
M 170 tldTORI^j Li). l85i [C. 5. 
 
 the sum of two hundred and seventy five pounds ; and from 
 ^abusintac Bridge to Bathurst, the remaining sum ojf two 
 hundred and twenty j^ve. pounds.,, ^i ,, 
 
 One hundred pounds from Bathurst to Belledune. 
 
 Six hundred pounds from Belledune to Metiisi Road. ^ 
 
 jQne thousand two hundred pounds from Fi-ederictoii to 
 Woodstock. 
 
 Six hundred and fifty pounds from Woodstock to Arestook.^ 
 
 One hundred poijnds from Arestooklo Griand Falls. 
 
 Six hundred pounds from Fred'ericton to Fifi^er Boam, 
 including new fcftfge oVer Estey's Creek; and also oiie ovieir 
 /emseg. 
 
 Fifty pounds from Bellisle to Scribner's. 
 - One thousand three hiiiidred pounds from Fr'edericton to 
 Newcastle, Northumberland ; 'seven pounds of vvhich to be paid 
 W. J. Bedell, Esquire, and twenty pounds to John Wilson for 
 ferrying Mails past year. 
 
 Four hundred pounds frbih Fredericton to Siiirft Aridi^ws j 
 two hundi^d pounds of which to be ex'perided between the 
 Magaguadavic Riv'er and Saint Andrews. 
 
 Five hundred pounds from Salisbury to Harvey : three hiifl- 
 dred and twenty^ve pouhds frbm Salisbiiry to the Court tldu^^ 
 in Hopewell ; the balance betweien Coiirt House abd Isaac 
 Derry's, in Ha'rve^. 
 
 Seven hundred and fifty pounds from Sbedi^c to Richibuctb. 
 
 One hundred and Ivvterity five pounds fro'm W'awei^ (b 
 Saint Stephen. 
 
 Sixty five pounds from Woodsto<ik to Houltoii. 
 
 -One hundred pounds from Orohiocto to tragetbwn. 
 
 Four hundred pounds from Oak Bay to Eel liliver. 
 
 Nine hundred pounds from Barker's Landing to Richibtii/iii^ 
 four hundred pounds of which for that portion of tlJe Line in 
 the County of Kent. 
 
 Seventy five pounds from Ne^'c&Silfe to Pitfifeld'^ '; thirty 6 v'b 
 pounds of which to be expended between^fffieildVand Qu'eyi's 
 County Line ; and the balance 5f forty poniids between SaTiSon 
 River and Newcastle. 
 
 Fbiir hundred pounds from Grand lF*ailIs to Caitiada Line ; 
 two hundred pounds of said suih tu be expendfedlb'et'T^ee'hihe 
 Green Itiver Brid'ge And thte Province Xin'e. 
 
<3. 5,3 W VICTOBJ^, ^.D. X854. 37 
 
 $ix bundrecl pp^qdis from jp|aj:hurst to l^iramichi via ^oke- 
 tnouche, to be expended as follows: The sum of t|iree hundred 
 ^vt^ fijfty pounds from Bathurst tp fokeniouche ^iver 5 and th^ 
 remaining sum of two hundred and fifty pounds from Poke- 
 mouphp to Miramichi. 
 
 Four hundred pounds from Saint John to QuacOj including 
 two new Bridges. 
 
 Tfweijty. five pounds from Hampten to Belli^le. 
 
 One hundred and fifty pounds from Cole's Island to Cape 
 ^ormentine. 
 
 fifty pounds from Lower Landing, Grand Falls, to Ameri- 
 gfin Pquflda^'y- 
 
 §,eyen hundred ^nd fifty pounds from Albert to ^aint John 
 pji ^ammond River; t\yo fafindred and fifty pounds of whit^ 
 to be expended from Crooked Creek in Albert to King's 
 County Line ; four hundred and fifty pounds from King's 
 County Line to Saint John County Line ; fifty pounds in Saint 
 Jfohn County. 
 
 Two hundred pounds from Isaac JDerry's to Pqint ^olfe. 
 
 Oflp bupdred and seventy two pounds from ^ead Water 
 l^ropk to ,S|ai<n|t Stephen ; seventy two pounds of which to be 
 expended in repairing and piaking the Road from the Wood- 
 stpqk Road, past Brown's ]^ill, to Wheeler Lawrence's. 
 
 Qne hundred and sijcty six pounds from !^oix's to Oak Bay ; 
 one hundred and sixteen pounds pf which for repairs to the 
 Glenelg Bridge on said Road. 
 
 One hundred pounds from Tisdale's Farm to Loch Lomond. 
 
 Three hundred pounds from Tifley's, SJieffield, past Pen- 
 dleton's Mills, to ipetitcpdiac. 
 
 One hundred pounds from the Baptist Meeting House, 
 Upham, to Church, Sussex Vale. 
 
 One hundred and sixty seven pounds from Lower Trout 
 Brook to Lower Town, Saint George ; one hundred pounds to 
 be expended north of Poraroy JBridgeto the,Freaerictbn Road. 
 
 Forty five pounds from Pickard's Store to American 
 
 oundary. 
 
 Three hundred and fifty pounds from Edmundston to Saint 
 Frsjncis ; one hundred pounds to be exjpended between Ed- 
 mundston and Baker's Brook. 
 
 One hundred and ten pounds from Buttermilk Creek to 
 American Boundary, commencing at the latter. 
 
38 no VICTORIJ;, A.D. 1854. [C. S. 
 
 Five hundred pounds from Patchell's Ferry Landing, Beca- 
 guimick, to County Line. 
 
 Eight liundred pounds from Fredericton to Saint John via 
 
 rferepis ; eighty pounds of which to be appropriated towards 
 
 Approaches, Ferry Landing, west side Harbour of Saint John. 
 
 One hundred and fifty pounds from Saint John to Indian 
 
 Town. 
 
 Thirty pounds for improving a Road past Roman Catholic 
 Cemetery. 
 
 To His Excellency the Lieutenant Governor the sum of 
 nine thousand nine hundred and eighty seven pounds and five 
 pence, being for Special Grants for the Road Service made 
 at the present Session ; to be applied and expended agreeably 
 to a Resolution of the House of Assembly passed' on the 
 twentieth day of April in this present year oif our Lord ■ one 
 thousand eight hundred and fifty foiir, and concurred in by the 
 Legislative Council. 
 
 To His Excellency the Lieutenant Governor the snm often 
 thousand pounds, to be applied towards erecting Bridges on 
 such Great Roads of Communication as particularized in the 
 Report of the Select Committee appointed on the ninth day of 
 February last " to take into consideration the state of the 
 Roads throughout the Province, and ascertain the amounts 
 required for repairing and improving the same,"^ in addition 
 to the other amounts for Roads and Bridges therein- contained: 
 Among others are the following Bridges : — 
 Bridge over Hammond River ; 
 Do. Hampton Ferry ; 
 Do. Trout Creek, on line of Road to West- 
 
 morland; 
 Do. South Bay, Nerepis Road ; 
 Do. Grand Falls ; 
 Bridge near Campbellton ; 
 Shepody Bridge ; 
 Bridge over Nepisiguit River; 
 Bridge at Musquash ; 
 Bridge at Dig<3eguash ; 
 Oyster River Bridge, on Great Road leading to Poke^- 
 
 mouche ; , 
 Bridge over the North West Miramichi ; 
 
C. 6] 17° VICTORIA, A.D. 1854. 39 
 
 one thousand five hundred pounds to be allowed for the last 
 mentioned Bridge, in addition to the sum granted last Session : 
 also>such sum as may be indispensably required to construct 
 any other Bridge or Bridges on any of the several Great 
 Roads, where such Bridges shall be estimated to cost a suni 
 not less than five hundred pounds and upwards ; it being 
 understood, that in all cases where Draws are necessary, they 
 must be furnished. 
 
 To His Excellency the Lieutenant Governor the sum of 
 one thousand five hundred and nineteen pounds for the several 
 Bye Roads in the County of York ; to be applied and expended 
 agreeably to a Resolution of the House of Assembly passed 
 on the twentieth day of April in this present year of our Lord 
 one thousand eight hundred and fifty four, and concurred in 
 by the Legislative Council. 
 
 To His Excellency the Lieutenant Governor the sura of 
 one thousand one hundred and eleven pounds for the several 
 Bye Roads in the County of Carleton ; to be applied and 
 expended agreeably to a Resolution of the House' of Assembly 
 passed on the twentieth day of April in this present year of 
 our Lord one thousand eight hundred and fifty four, and con- 
 curred in by the Legislative Council. 
 
 To His Excellency the Lieutenant Governor the sum of one 
 thousand five hundred and ninety six pounds for the several 
 Bye Roads in the County of Northumberland ; to be applied 
 and expended agreeably to a Resolution of the House of 
 Assembly passed on the twentieth day of April in this present 
 year of our Lord one thousand eight hundred and fifty four, 
 and concurred in by the Legislative Council. 
 
 To His Excellency the Lieutenant Governor the sum of one 
 thousand and thirty seven pounds tor the several Bye Roads 
 in the County of Albert ; to be applied and expended agreeably 
 to a Resolution of the House of Assembly passed on the twen- 
 tieth day of April in this present year of our Lord one thousand 
 eight hundred and fifty four, and concurred in by the Legis- 
 lative Council. 
 
 To His Excellency the Lieutenant Governor the sum of 
 eight hundred and one pounds for the several Bye Roads in 
 the County of Victoria ; to be applied and expended agreeably 
 to a Resolution of the House of Assembly passed on the twen- 
 
4& J7« VICTORIiEi A,D. 1854 f©. S» 
 
 tiebh da^ of April in thispres^ent jear of our Lord one thou- 
 sand eight hundred and fiftj four, and concurred iu by the 
 Legislative Council. , 
 
 T& His Excellency the Lieutenant Governor the sum of one 
 thousand and seventy seven pounds for the several Bye Roads 
 in the County of Gloucester ^ to be applied and expended agree- 
 ably to a Resolution of thfe House of Assembly pa^ed on the 
 twentieth day of April in this present year of our Lord one 
 thousand eight hundred and fifty four, and concurred in by the 
 Legislative Couhcil. 
 
 To His Excellency the Lieutenant Govefftorthe sum of one 
 thousand three h\iiidred and ninety one pounds for the several 
 Bye Roads in the County of We^tmrfrland ; to be applied and 
 expended agre!eably to a Resolutiob of the House of Assembly 
 passed on the twentieth day of April in this|)reseilt yea* of ouir 
 Lord one thousand eight hundreidand fifty fottr, aiid concurred 
 in by the Legislative Council. 
 
 To His Excetlejicy the Lieutenant Gov^rnojr the sum of eight 
 hundred and fifty five pounds for the several Bye. Roads in 
 the County of Sunbury ; to be applied and expended agreeably 
 te a Resolution of the House of Assembly passed on the twen- 
 tieth day of April in this present year of our Lord one thousa,o4 
 eight hundred and fifty four, and concui'red in by the Legiisla- 
 tive Council. 
 
 To His Excolkflcy the Lieutenant Governor the sura of one 
 thousand six hundred and seventy one pounds for the seveial 
 Bye Roads in the County of Charlotte ', to be applied and 
 expended agreeably to a Resolution of the Ho use of Assembly 
 passed on the twentieth day of April in this priesent year of 
 our Lord one thousand eight hundred and fifty four, and con- 
 curred in by the Legislative Council. 
 
 To His Excellency the Lieutenant Governor the sum of on« 
 thousand six hundred' and twehty two potinds for the several 
 Bye Rdads in King's County ; to be apipHed aAd exf^ended 
 agreelablyto a Resolution of the House of Assenr^bly passed tin 
 the twentieth day of April in this present year of ourLdrdone 
 thousand dight hundi'^d and fifty four, and concurred in by the 
 Legislative Cduhcil. 
 
 To His Excellency the LieutentLnt Governor the sum df oqte 
 thousand and thirty se\^en po^uiads for the Several Bye Roads 
 
e. 5v] 17« VICTORIA, A.D. 185^ 4X 
 
 ii) the Cpuntj of Kept ; to.be q^^^Ued and expended agreeabJy 
 to a. Besplution, of the Ijoijse of Assembly passed on the twen- 
 tieth day of April in this present year of our Lord one thou- 
 sand, eight hundred and fifty four, and concurj-ed; i» by the 
 ^^figijslati.ve Council. 
 
 To His, Excellency the liiputenant Governor the sum of 
 eight hundred and, fifty fiy«. pounds for the several Bye Road$ 
 in the CJounty of Reatigpuche ; to be applied and expended 
 agreeably to a. Resolution of the House of Assembly passed on 
 the twentieth day of April in this present year of our ^ocd 
 one thpui;and eight hundred and fifty four, and concurred in 
 by the Legislative Council. 
 
 To His. Excellency the Lieutenant Governor the sum of one 
 thpusan4 two hundred and ten ppunds for the several Bye 
 (loads in the County of Saint John ; tp.be applied and expended 
 agneeably to a Resplutioji of th? House of A.^,embly passed on 
 the twentieth day of Apjcil in this present year.pf our Lord one 
 thpusand eight hundred and fifty four, and concurred in by the 
 Legislative Council. 
 
 To His Excellency the Lieutenant Governor the sum of one 
 thousand four hundred and fifteen pounds for the several Bye 
 Roads in Quee^*'? County ; to be applied and expended agree- 
 ably to a RespJution of the House of A.S8enibJy passed on the 
 twentieth day of April in this present year pf our L^rd one 
 thousand eight hundred and fifty four, and concurred in by the 
 Legislative Council. 
 
 ■2. The said several and respective sums of mpney, and 
 every part thereof, shall he eyppr^ded under the direction of 
 such Supervisors and Commissioners as the Governor in Coun- 
 cil may be pleased to appoint ; and shall be paid to the several 
 and respective persons whp shall actually work and labour in 
 making, completing, and repairing the several Roads and 
 Bridges, or in furnishing materials therefor, at the most rea- 
 sonable rates that such labour and niaterials can be provided; 
 and every Commissioner so to be appointed shall,, as early in 
 the season as may be, earefqlly f)j;ainine th^ part of the Road 
 where any sums of money arg to h? expended, and shall lay put 
 and mark ofi* such allotment or allotraents.as may conveniently 
 be contracted for, in order .(hat the making or repairing of the 
 same may be let by auction to the Ipwest bidder ; and in all 
 
42 T7» VICTORIA, A.D. 1854. [C. 5. 
 
 |Such cases, such Commissioners respectively are hereby re- 
 quired to put a sufficient number of notices, not less than ten 
 days previous to such sale, in three or more of the public places 
 in the neighbourhood where the work is to be done, which 
 notice shall specify and describe the work to be performed, and 
 also the place, day, and hour, when and where the same will 
 be let by auction as aforesaid ; and it shall further be the duty 
 of such Commissioners respectively to attend personally at the 
 time and place so appointed, and there to let out to the lowest 
 bidder such allotment or allotments, and at the same time to 
 enter into written Contracts for the faithful performance of the 
 work, in time and manner set forth in such Contracts ; and in 
 cases where the work required to be performed cannot be con- 
 veniently let at auction, it shall be the duty of said Commis- 
 sioners to agree with fit and proper persons to perform the 
 same by days' labour, provided that in no case shall more than 
 one quarter part of any Grant be so expended ; and the said 
 Commissioners shall severally keep an exact account of such 
 moneys, and shall produce receipts in writing of the several 
 and respective persons to whom any part of the said money 
 shall be paid, as vouchers of such payments, and rendnr an 
 account thereof in duplicate, upon oath, (which oath any one of 
 the Justices of the Peace in the several Counties is hereby 
 authorized to administer), one copy of which, with vouchers, to 
 be transmitted to the Secretary's Office on or before the first 
 day of December next, to be laid before the General Assemtly 
 at the next Session, and the other copy to be filed in the Office 
 of the Clerk of the Peace in the respective Counties, for public 
 information. 
 
 3. The before-mentioned sums of money shall be paid by the 
 Treasurer out of the moneys in the Treasiiry, or as payments 
 may be made at the same, by Warrant of the Governor in 
 Council. 
 
 4. The said Commissioners intrusted with the expenditure 
 of the said several and respective sums of money shall for 
 their time and labour be allowed to retain at and after the 
 rate of five per centum out of the said money so intrusted to 
 them respectively, together with a reasonable compensation 
 for actual labour and work performed by them on the said 
 several Roads and Bridges. 
 
C. 6.] 17° victoria; AD. 1854. 43 
 
 5. The said Commissioners shall expend the said several 
 and respective sums of money on the Roads on or before the 
 first day of October ; provided always, that nothing herein 
 contained shall extend or be construed to extend to prevent 
 any Commissioner from expending moneys afler the first day 
 of October, when it shall be necessary to expend the same for 
 building Bridges, removing rocks, stumps, trees, or other 
 obstructions. 
 
 6. None of the before-mentioned sums of money, or any part 
 thereof, shall be laid out and expended in the making or im- 
 proving any alteration that may be made in any of the said 
 Roads, unless such alterations shall have been first laid out and 
 recorded. 
 
 7. Every person who maybe appointed Commissioner for 
 the expenditure of money hereinbefore granted, and before 
 entering upon the duties of his office, shall enter into a Bond 
 to Her Majesty, Her Heirs and Successor^, to the satisfaction 
 of the Executive Government, for the due performing his duty 
 as such Commissioner, and the faithful expenditure of and due 
 accounting for such moneys as shall come into his hands bs 
 Buch Commissioner. 
 
 CAP. VI. 
 
 An Act in addition to and in amendment of an Act for 
 the better establishment and maintenance of Pajrish 
 Schools. 
 
 Section 1. — Teachers of Parish Schools, allowance raised. 
 
 Pasaed \st May 1854. 
 Be it enacted, ^c.^-^1. The Teachers of Parish Schools shall 
 be entitled to receive at and after the following rates, that is 
 to say : — Male Teachers of the first class at and after the rate 
 of thirty seven pounds ten shillings per annum; of the second 
 class at and after the rate of thirty pounds per annum ; of the 
 third class at and after the rate of twenty two pounds ten 
 shillings per annum ; and Females of the first class at and 
 after the rate of twenty seven pounds ten shillings per annum ; 
 of the second class at and after the rate of twenty two pounds 
 ten shillings per annum ; and of the third class at and after 
 the rate of seventeen pounds ten shillings per annum ; in lieu 
 
ojT tlje sUp^jaoce pr9,Ti^d in and by the eiglite^ath Section of 
 an J^ct nt^de. a,r\d pa,^fpd in the fifl,e,eni|i year pf the Reig^ of 
 SEe^ .j^egent B^ajjesty, in,tit,i^Jed-^;n A£f,for the ^ttet estapU^hp 
 ment awd rrifui^tenaflc^ of Famish Schools, qr a^y cq^ifipatj^o^ 
 or consjoli^^tion of the sai,d Act. 
 
 CAP. VII. 
 All ^Qt, fqr ^e eflcOjUragetneat qf ^grici3.1tvir9, 
 
 Sestjon. Section. 
 
 1. Agricultural SqeietieB, how in9orporated. 9. S^tatement of Society's operations, hovr 
 B. Object of Societies. ■■ ' ' alnd wheA *an jiHitied. " 
 
 a. ^kiaojint to be draiwn by such, Societies 10. gociety negleij^ng ■ Coife;ture. 
 
 - when formed. ' ' ' ll. Powers offtebfficers as tdBxing bounds 
 
 4. Amount allowed And proportioned in for Shows. ' ' 
 
 Counties and Parishes. 12. Penahy for breach of regulations. 
 
 5. .Disposal of Seeds and Stoc^. 13. ExistingSocietieswhenentitled^tbbount^. 
 €. Officers, how and by whom elected. 14. Hights o^ existing Sociefties ander this 
 
 7. Xrao'unt of Prefniums and Salaries; "Aqt. '^' '■■'■. •-'■ 't 
 
 8. Dnty of Treasurers as tjo Recounts 
 
 and Audit. Schedule. 
 
 J^se4 rU{' Ma^/ 1854. 
 
 Jpfe (t em^ac^^fl,, Sfc,—1. W^henever sixty perg^^gs, pr more 
 shall suhserit^e and pay in siims pf npt les^ t}ian five sjbming;g 
 eaqh, to be ^pplie^ fpr the imprpyenient of Agricaltjui-e ^g4 
 Domestic Manufactures, and shall subscribe the declaration 
 (A) in the Schedule, and shall cause a copy of the same to be 
 filed in the Office of the Provincial Secretary, they shall there- 
 upon become a body corporate by such name as they shall 
 designate, with all the privileges and obligations incident to 
 Corporations by Law ; but such privileges shall continue so 
 long only as there are sixty members or more, who shaM an- 
 nually raise and pay as aforesmd the sum of fifteen pounds 
 for the improvement of Agriculture. 
 
 % The object ctf such Agricultural Societies shall be to 
 encourage and promote the introd-uction of improved stock, 
 seeds, roots, implements, methods of culture, and improve* 
 ment in farm |b,iiiildi;ngs and d,PB»estic manufactories, to hold 
 ShjojEs auid Exhibi};ioins, ajpd to give Breminms for excellence, 
 and to diffuse information concerning Agricultural subjects. 
 
 3. When an Agri(iultural Society shall.be so con^titjtjited in 
 any County, such Society shall be entitled to draw annually 
 from the Provincial Treasury, by Warrant in favour of the 
 President of such Society, treble the amount of the subscrip- 
 tions sP raised and paid as aforesaid, but no County Society 
 
0. Iq 17= Vie¥ORiil}^ Atf. 1854. 45 
 
 ^ii'slll be fenfifl^'d to dt'avf mbte thah ofae lidridred and fifty- 
 pounds from the Provincial Treasury in any one year. 
 
 4. In OtiiiHties where more than 6ne Agrifcukiiral Society 
 ekislfe'ifHfe Gbvertimeht allowance shall be given on tie prra- 
 ciplfc in Section 3, riot exceeding for kny County ihe Sum 
 ijf two hu'ndri^d pounds in any one year, aifid the same shall be 
 appbi-tiohed aniohg sncti District Societies, in k rateable pro- 
 portion to the amount of the Siibscriptidns raised and paid by 
 each Society fcir I'tte year for ivliiiih the bounty shall be claimed, 
 by Wai-fa'nt ifa ftivour of the Presideiit'bf the respective Sdcife- 
 ties ; no Parish 'to havfe hidrte than drie Sdciety, and no Couiiiy 
 id hatVfe rhdi-e Yliah four S'dcieUeis, Under the ^irbVili'diis of this 
 
 Cfiaptei'. 
 
 5. In the disposal df seeds, stock, ihlpTenieiit's, or other 
 property imported by any such S'obiBtyj'S'iich aHicles shall "hot 
 b'e'sdldfdr Ife'^s than the trute cost and chai*gfes of the same, 
 Btiless the sarrie shall be sold at public atiction, df Which at 
 Ifiast t'eh days notice shall be previously given by public adver- 
 tisement, at which all persons present shall have a right to bid 
 feflil compete. Whether metfibers df'the Sdciety or not. 
 
 6. Every Agrieulitural Society Shall elect stfch officers and 
 rriaike 'S\f6li bye tews fdr tlieit^Uidanceab totWtt shaH seem 
 best, for promoting A^HeuftuVe, according to the true intent of 
 tMs Cha|yter. feaeh Sodiety fehall fife in1:He<)'ffiiie of the Pro- 
 vincial Secretary a'cdiSy of iVsbye iaWs. 
 
 7. The aiiidu'rit of preiiiiTiftis to be iawbrded by %ach Society 
 in any one year shall not exceed the amduiit of the loeal 'sub- 
 scriptions and donations of the Society; the allowance for 
 Salaries shall not exceed five per cent, of the local subscrip- 
 fi'dns,'dbriations, and Provincial aTioWaiice yearly. 
 
 8. It shall Be ttie duty of "ihe Treasui'er of each Sdciety to 
 {jtepare a Wfetailed stdtemeht dfthe amduht of income and 
 eipyiiditure df 'the 'iSidciefyTdr'Aie year past, '^which Account 
 shall^Be ably 'auiiit^d' arid approved 'by three meihbers of thje 
 iSdcietyja'nd ftie same^sriall'l^e'swdrn io (B) by the Treasurer. 
 
 9. It shall be fhe'duty of eacb Society to transmit to the 
 Proviocial Secretary's Office on or before the twenty fifth day 
 of January in each yekr^ a Report of its operations for the 
 past year, together with an estimate of the actual state of the 
 land, crops, implemetits, stock, culture, and domestic nnanu- 
 
46 17° VICTORIA, A.D. 1854. [C. 7. 
 
 factures, in the District or County, as nearly in the Form (C) 
 as may be. 
 
 10. If any Society shall neglect to render its annual Recount 
 and Report as provided by Section 9, it shall forfeit its 
 claim to the Legislative bounty for the year next succeeding. 
 
 11. Every Agricultural Society by its Officers is hereby 
 authorized to define bounds for pens and yard^, and passages 
 to and about the same, for cattle shovtrs and exhi,bitipns, and 
 also for ploughing matches, and no person shall be permitted 
 to infringe on such bounds unless in conformity with the rules 
 of the Society, without the sanction of one of the officers of the 
 Society present, but no land shall be so occupied without the 
 consent of the owner, nor shall any public highway be so occu- 
 pied as to obstruct the public use thereof. 
 
 12. Any person, after notice thereof, infringing any of the 
 regulations of any such Society by entering within the bounds 
 fixed, shall forfeit ten shillings, to be recovered on the com- 
 plaint of any officer of the Society, and applied to the use of 
 the County. 
 
 13. All existing Agricultural Societies, in order to be entitled 
 to the Provincial bounty, must consist of at least sixty members, 
 and raise annually at least fifteen pounds for the encourage- 
 ment of Agriculture, as provided in Section 1. 
 
 14. The provisions of this Act sherll extend to all existing 
 Agricultural Corporations and Societies, but shall not interfere 
 with any property or rights conferred upon or acquired by any 
 such Corporation or Society. 
 
 We whose names are hereto subscribed agree to form our- 
 selves into a Society under the provisions of the Act of 
 Assembly, intituled An Act for the encouragement of 
 
 Agriculture, to be called "The Agricultural Society;" 
 
 and we severally agree to pay to the Treasurer of said Society, 
 towards the funds thereof, the sums set opposite our respective 
 names, as our first year's subscription thereto. 
 
 Names of Subscribers. 
 
 Sums subscribed. 
 
 A. B. - 
 C. D. • - 
 E. F 
 
 
 
 
C. 7.] It?" VICTORliE, A.D. J854. 47 
 
 _ 
 
 A. B., Treasurer of the Agricultural Society, maketh 
 
 oath and saith that the foregoing (or annexed) Account contains 
 a just and true statement of the income and expenditure of the 
 said Society from the day of last, till the 
 
 day of ; that the several sums therein specified were 
 
 actually received and paid by him for the purposes therein set 
 forth, and that the same shews the true state of the funds of 
 the said Society at the time the said Account was balanced and 
 audited. 
 
 Sworn to before me the day of 185 . 
 
 (C) 
 
 Season past — Character of. 
 Soils of District — Character of, 
 Crops of District — Principal, 
 
 Land cleared during the past Season — Estimate of. 
 Rotation of Crops in District — Usual, 
 Wheat — Usual average produce per acre. 
 Average for past Season, 
 Diseases, 
 
 Remedies suggested, 
 Price per bushel, 
 Best varieties, 
 C7orK— Same as Wheat, 
 Oats, do. do. 
 
 Rye and Barley, Peas and Beans, do. do. 
 Buckwheat, Millet, do. do. 
 
 Chass, Hay, ^ 
 
 Clover and Timothy Seeds, 
 Root Crops — Potatoes, 
 Turnips, 
 Mangolds, 
 Fruit, 
 
 Sugar — Maple, 
 Honey— Bees, 
 Breeds of Cattle, 
 Dairy products, 
 Sheep and Wool, 
 
18 ir> VICTORIiE, AD. 1854. [C 8. 
 
 Pigs and Pork, 
 
 Horses — Breeds, 
 
 Poultry — Bre,eds, 
 
 Implements and MacMnexy. 
 
 Manures, , , 
 
 Farm 'Buildings and shelter for Stocky 
 
 Proposals for improvement, or nlher remarks. 
 
 Names of President, Vicfe PresM^nt, Secretary, 'TrSeasui^dr, 
 Directors, Members, Fairs in year, fwid list of Prettaiums. 
 
 Certified Account. 
 
 Balance from previous year, 
 Subscriptions of year past, f income 
 
 Provincial Grant for year past, 
 Other Assets, 
 
 Premiums, 
 
 Seeds imported. 
 
 Implements, ^ ExipeBditiire- 
 
 Stock,* 
 
 Charges of management. 
 
 Account Current with Treaswrer. 
 
 CAP. VIII. 
 
 An Act to alter and amend the Act providing for the 
 establishment of Municipal Authorities in this Province. 
 
 Section. Sectiqn. 
 
 1. Repeal of Section. '7. Dirty of feheriiT as to sdjinjrnmt^t. 
 
 2. Mode of obtaining Incorporation, 8. Duty of Ttfwn Clerks as to r.«tnm4lf 
 
 3. Doty of Sheriff as tit 'publication. votes to SlieHff, arid his' duty tbei^dn. 
 
 4. Presiding Officers at the Meetings. 9. Duty of Sheriff on two-third >'ote. 
 
 5. Duty of Collector of Rates as to listn; 10. When subsequent Meetings may ^be 
 
 Penalty. ^Ued. , 
 
 6. Mode of ascertaining opinion. 11. Expenses^ how ascertained arid paid. 
 
 'PassedH'sfMit/ 18^4. 
 Be it enacted, Sfc, — 1. The first Section'df an Act made and 
 passed in the fourteenth year of the iRfcign of Her present 
 Majesty, intituled An Act to provide for the establishment of 
 Municipal Authorities in this Province, is hereby repealed;; 
 provided that all. matters and things heretofore doffe, arid all 
 Municipalities heretofore formed and established under and by 
 virtue of the Section hereby repealed, shall remain in'ful^fbrce 
 and effect in like manner as if the said Section' had fiot^ieen 
 
C. 8.] 17° VICTORIiE, A.D. 1854. 49 
 
 hereby repealed, any thing in this Act contained to the con- 
 trary notwithstanding. 
 
 2. If it be desired that any County shall be incorporated 
 under the provisions of the Act of which this is an amendment, 
 the same shall be signified to the Lieutenant Governor in 
 Council in manner following : — At least one hundred of the 
 resident freeholders and householders of the County, paying 
 rates upon property, shall by Petition to the Sheriff, pray that 
 public meetings may be culled at some one of the Polling places 
 fixed by law for the election of Representatives to serve in 
 General Assembly, in the several Parishes in the County, for 
 the purpose of taking into consideration the propriety of incor- 
 porating the County. 
 
 3. The Sheriff shall thereupon give at least three months 
 public notice of the day and hour at which such public meetings 
 shall be held ; the notice shall contain a copy of the Petition, 
 and of the names of the signers, it shall be published at least 
 in eight weekly numbers of a Newspaper printed and cir- 
 culating in the County, if any, and also shall be published by 
 printed hand bills in at least ten of the most public places in 
 each Parish. 
 
 4. At the meeting in the Shire Town the Sheriff shall preside, 
 and in the other Parishes the Town or Parish Clerk shall preside. 
 
 5. On such notice being given, the Collectors of Rates in 
 each Parish shall, at least ten days previous to the day 
 appointed for such meetings, furnish the officer appointed to 
 pre&ide thereat, with correct lists under oath of all the rate 
 payers upon property within such Parish, who were rated for 
 Parish and County rates at the last assessment, and on failing 
 to deliver such lists, he may be committed by two Justices of 
 the Peace to the County goal, there to remain without bail or 
 mainprize until such lists be furnished. 
 
 6. At such meetings it shall be put to vote whether the 
 County shall or shall not be incorporated; and the presiding 
 officer shall take down in writing the names of all resident 
 householders and ratepayers upon property who shall vote on 
 the question, and shall state whether they vote in the affirma- 
 tive or negative. ' 
 
 7. The Sheriff shall, after taking the question, adjourn the 
 meeting at the Shire Town to some day not more than ^ix 
 days aftei- the first meeting. 4 
 
50 17» VICTORIJE, A.D. 1854. [C. 9. 
 
 8. The Town or Parish Clerks in the several Parishes shall, 
 within two days after the meeting, return to the Sh(5riiFof the 
 County the lists ofthe names of those voting both for and against 
 the incorporation of the County at the said meetings, and the 
 Sheriff shall on the day to which the meeting at the Shire ■ 
 Town shall have been adjourned, cast up the number of those 
 who shall have voted at the several meetings in the County, 
 and shall then publicly declare the number of those voting in 
 the affirmative and negative on the said question. 
 
 9. If two thirds of those voting on the question shall have 
 voted in the affirmative, the Sheriff shall certify the same under 
 his hand and seal to the Lieutenant Governor in Council. 
 
 10. If it be decided that the County shall not be incorporated, 
 subsequent meetings may be called at any time after six 
 months from the preceding meetings on the like Petition and 
 similar notice for taking the question again into consideration 
 as hereinbefore prescribed. 
 
 11. All official expenses attending the holding from time to 
 time ofthe several meetings for the purpose of ascertaining 
 whether or not a County shall be incorporated, and for the 
 purpose of making the returns thereof as required by law, 
 shall be laid before any General Sessions for, the County, and 
 after being audited by such Sessions, shall be ordered by them 
 to be paid out of the County contingencies. 
 
 CAP. IX. 
 , An Act relating to Steam Navigation in this Province. 
 
 Section. Section. 
 
 1. Outward-bound Steamers, what boats 12. Penalty on Inspector for breach of Act. 
 
 and life preservers required for. 13. If Inspector refuse Certificate, what to 
 
 2. Sea and River Steamers, what buckets state. 
 
 and other apparatus to have on board. 14. Inspector to keep record of what, and 
 
 3. Duty of Inspector for such Steamers, and when filed. 
 
 of Owner, Master, and Engineer. 15. Passengers' money, when to be refunded. 
 
 'i. Penalty for Master, Owner, or Engineer 16. River Steamers, when to anchor; and 
 breaking regulations. ■ answer damages to be paid. 
 
 5. Gangways for passengers, what; and 17. River Steamers,'what boats to carry, and 
 
 lights where and when to be kept. life preservers. 
 
 6. Steamer6plyingwiihintheProviiv:e,what 18. Penalties, how recovered and applied. 
 
 lights and where placed ; penalty. 19. Penalty on Owner tor any breach of his 
 
 7. Inspectors, how and when to be appointed. duty. 
 
 Salary.. 20. Penalty on Master for any breach of his 
 
 8. Duty of Inspector, how and when to be duty. 
 
 performed. 21. Outward-bound Steamers departing witb- 
 
 9. Additional duty, what. out Certificate, what penalty. 
 
 10. Inspector how to provide against loss by 22. Deck vessels and rafts, what lights. 
 
 me. Penalty. 
 
 11. Certificate of Inspector, for what, when, 23. Repeal of Act, with exceptions. 
 
 and how given. 24, Act when in force, and continuance. 
 
C. 9.] 17* VICTORIiE, A.D. 1854. 51 
 
 Passed \st May 1854. 
 Be it enacted, &fc.- — 1. No sea boat or vessel propelled by 
 steam shall depart from any port or place within the Province, 
 with passengers, without having on board, or attached to such 
 boat or vessel, good, suitable, and sufficient boats, in good con- 
 dition, properly equipped, as follows : — For every Steamer of 
 the registered tonnage of two hundred tons and upwards, not 
 less than four good boats ; of the registered tonnage of less than 
 two hundred tons, not less than three good boats ; every of such 
 boats to be provided with not less than six oars, and other 
 necessary tackle, and every such boat to be of sufficient capacity 
 to carry not less than twelve adult persons, exclusive of the 
 crews, and shall be of a length of keel not less than seventeen 
 feet ; also one gOod and sufficient life boat made of metal, fire 
 proof, and capable of sustaining inside and outside fifty per- 
 sons, with life lines attached to the gunwale at suitable distan- 
 ces ; also not less than six good life preservers, made of suitable 
 material, or floats well adapted to that purpose ; such life 
 preservers or floats shall always be kept in convenient and 
 accessible places in such vessel, and in readiness for the use of 
 passengers. 
 
 2. Every steam boat, whether for Sea or River navigation, 
 shall be provided with and have on board in some convenient 
 place, not less than twenty four good and sufficient fire buckets 
 of wood Of leather, and six good and sufficient lanterns; also 
 a suitable number of gauge cocks properly inserted in the 
 boilers of the respective steam boats, and a suitable water 
 gauge and steam gauge indicating the height of the water and 
 the pressure of the stean therein, as the Inspector may direct ; 
 and also one double acting force pump, with chambers of such 
 size as the Inspector may direct, according to the size and 
 route of the steamer, to be worked by steam if steam can be 
 employed, otherwise by hand, and to have a suitable well fitted 
 hose of at least the length of the vessel, according to the 
 direction of the Inspector, kept at all times in perfect order 
 and ready for immediate use, which shall be supplied with 
 water by a pipe connected therewith, and passing through 
 the side of the vessel so low as to be at all times in the water 
 when she is afloat. 
 
 3. The Inspector of each port or place, appointed under the 
 
52 17" VICTORIiG, A.D. 1854. [G. 9. 
 
 provisions of this Act, is hereby required to regulate and direct 
 the weight to the ^square inch of the boilers of each steamer 
 belonging to or steaming from tlje port or place for which he 
 is such Inspector, whether Sea or River steamer; and to cer- 
 tify Bach regulations and directions in writing to the master or 
 owner of the steamer inspected by himj who with the engineer 
 of the steam boat to which such regulations and directions 
 apply, shall be governed thereby; A printed copy whereof it 
 shall be the duty of the owner or master of the said steam boat 
 • Vo cause to be posted up, and kept posted up in some conspicu- 
 ous part of the steam boat during the season to which such 
 inspection shall apply. 
 
 4. If such master, owner, or engineer, after the Inspector 
 shall have so certified as in the last preceding Section directed, 
 shall act contrary to the said regulations, by putting a greater 
 weight upon the boilers than allowed thereby, such master, or 
 owner, and engineer, shall respectively be subject and liable to 
 a penalty liot exceeding fifty pounds for each and every breach 
 of such regulations, to be recovered and applied as hereinafter 
 directed. 
 
 5. Every such steam boat or vessel shall be provided with a 
 good, safe, and convenient gangway to the whaf f at which she 
 may be lying, such gangway to be not less than two and a half 
 feet wide, with a good hand rail on each side thereof, suitable 
 for embarking and landing of passengers to and from such 
 stfeam boat or vessel as aforesaid, at all times of tide, such 
 landing or gangway to be separate and distinct from that used 
 for landing or loading coals or cargo; and in all cases when 
 the landing or disembarking of the passengers takes place 
 between sun set arid sun rise, a good light shall be placed at 
 ea'ch end of such gangway before the passengers be allowed to 
 lahd, and kept there for not less than one hour after arrival at 
 the wharf or place of landing, or until the landing is finished; 
 arid the like case when the embarking of passengers takes 
 place after dafk, that is between sun set a«d Sun rise, under 
 the penalty of forty shillings fir each and every neglect or 
 breach of duty in this respect, to be paid by the owner or 
 master of such boat or vessel. 
 
 6. Every steam boat plying within any of the Harbours, 
 Wiatei^s, Bkys, and Rivers of the Province of New Brunswick, 
 
C. 9.] n^ VICTORIA, A.D. 1854. 53 
 
 and coming to any port or place within the same, shall carry 
 at the mast head of such steam vessel, or upon a staff to be 
 erected over the wheel house not less than ten feet high above 
 the upper deck, at night, during the time she shall be under 
 way, a good, clear, and distinct signal white light, and also one 
 distinct white light under the bow of the boat ; and steam tug 
 boats shall carry a red light at the mast head ; which lighCa 
 shall be so kept until along side of the wharf, on coming into 
 port or place of destination, under the penalty for each and 
 every neglect of twenty five pounds, to be paid by the owner 
 or master of such boat or vessel, and to be recovered and 
 applied as hereinafter directed- 
 
 7. The Lieutenant Governor in Council is hereby authorized 
 to appoint one Inspector residing in the City of Saint John, 
 and such pther Inspectors as may from time to time be found 
 necessary, iu other parts of the Province. Such officers shall 
 be designated Inspectors of steam boats, and shall perform the 
 services required of them by this Act. The salary of the 
 Inspector residing at Saint John sh^ll not expeed two hundred 
 pounds per annum, including travelling expenses ; the salary 
 of any ofher Inspector appointed under the provisions of thi« 
 Act shall be fixed by the Lieutenant Qovernor in Council ; 
 such salary shall be paid quarterly by Warrant of the Lieu- 
 tenant Governor in Council on the Prpvince Treasurer. 
 
 8,. The Inspector of each port or place is hereby authorized 
 at all times, apd as often as he may judge necessary, to go on 
 board and inspect and examine the hull, boilers, machinery, 
 bpats, and other parts and appurtenances of any steamer be- 
 longing to or steaming from the port or place for which such 
 Ip^pector is appointed, employed in carriage of passengers, 
 and to satisfy himself that every such vessel so submitted to 
 his inspection is of a structure suitable for the service in which 
 she is employed, that she has suitable accommodation for her 
 crew and passengers, and is in a condition to warrant the 
 bfiHef that she may be used in navigation as a steamer with 
 safety to life, and that all the requirements of this Law in 
 regard to boats, boilers, macfeinery, life preservers, and other 
 things, are faithfully complied with ; and if he deem it expedient 
 he piay direct the vessel to be put in motion, and may adopt 
 any other gijitatle means to test her sufficiency and her equip- 
 ments. 
 
54 17° VICTORIiE, A.D. 1854. [C. 9. 
 
 9. In addition to such annual inspection, it shall be the duty 
 of such Inspector to examine from time to time steamers 
 arriving and departing so often as to enable him to detect any 
 neglect to comply with the requirements of the Law, and also 
 any defects or imperfections becoming apparent after the 
 inspection aforesaid, and tending to render the navigation of 
 the vessel unsafe ; and if he shall discover any omission to 
 comply with the Law, or that repairs have become necessary 
 to make the vessel safe, he shall at once notify the master or 
 owner, stating in the notice what is required. 
 
 10. It shall be the duty of the Inspecttor appointed under 
 this Act to examine and see that suitable and safe provisions 
 ai-e made throughout any such vessel, to guard against loss or 
 damage by fire ; and no licence shall be granted if any com- 
 bustible material liable to take fire from heated iron or any 
 other heat generated on board, such vessel, in and about the 
 boilers, pipes, and machinery, shall be placed at less than 
 twelve inches distance from such heated metal or other sub- 
 stance likely to cause ignition, unless a column of air or water 
 intervene between such, heated surface and any wood or other 
 combustible material so exposed, sufficient at all times and 
 under all circumstances to prevent ignition ; and further, when 
 wood is so exposed to ignition, as an additional preventative it 
 shall be shielded by some incombustible material in such 
 manner as to leave the air to circulate freely between such 
 material and wood ; provided always, that when the structure 
 of such steamers is such, or the arrangements of the boilers or 
 machinery is such, that the requirements aforesaid cannot 
 without serious inconvenience or sacrifice be complied with, 
 the Inspector may vary them, if in his judgment it can be done 
 with safety. 
 
 11. When the inspection is completed, and the Inspector 
 approves of such vessel and her equipment, he shall at least 
 twice in each Season between the first of April and the first of 
 June, and the first of August and the first of October, make 
 and subscribe a Certificate to the Treasurer, or Deputy 
 Treasurer, substantially as follows : — 
 
 "Having examined the Steamer [jiome] of , whereof 
 
 are owners, and is master, on this day 
 
 of , A.D. 185 , I, [Inspector's name] do certify that she 
 
C. 9.] 17° VICTORIiE, A.D. 1854. 55 
 
 is in all respects staunch, sea-worthy, and in good condition 
 for navigation; that her engine, machinery, pumps, and boilers 
 are sufficient and suitable to be employed in the carriage of 
 passengers without hazard to life, on the route for which 
 placed, and that the boilers of such steamer can carry with 
 safety from to pounds [Aere insert number of 
 
 pounds'] per square inch, and no more : And I further certify 
 that the equipmeht of the vessel throughout, including boats, 
 life boats, life preservers, lights, and other things, is in con- 
 formity with the provisions of the Law : And I declare it to 
 be my deliberate conviction, founded on the inspection I have 
 made, that the said steamer may bfe employed in the waters 
 hereafter specified, without peril to life from any imperfections, 
 or from materials, workmanship, or arrangements of the several 
 parts, or from age or uae. And I further certify that the said 
 vessel is to run in the following waters, viz : — [Here insert the 
 wafers, ifci] " 
 
 Which certificate shall be verified by the oath of the Inspector 
 signingi and shall be filed by him in the office of the Treasurer 
 or Deputy Treasurer of the port Or place where such exami- 
 nation may be made. 
 
 12. Every Inspector who shall be guilty of any neglect of 
 duty required of him under the provisions of this Act, or who 
 shall wilfully certify falsely under this Act, touching any such 
 vessel propelled by steam, her hull, boilers, engines, machinery, 
 pumps, boats, or their' appurtenances, or any of her equip- 
 ments, or any matter or thing contained in any certificate 
 signed, shall on conviction thereof be fined in a sum not 
 exceeding one hundred pounds, or imprisoned for a period not 
 exceeding twelve months, or both, in the discretion of the 
 Court before which convicted. 
 
 13. In case the Inspectors do not grant a certificate of 
 approval, they shall, if required so to do, state in writing under 
 their hands the reasons of their refusing such certificate. 
 
 14. Every Inspector shall keep an account and record of 
 every steamer inspected and verified by him during the year, 
 with the dates of such inspections and visits, and of all his 
 official acts and doings, which, in the form of a Report to the 
 Lieutenant Governor, shall annually be laid before the Legis- 
 lature, together with a record of the certificate of inspections 
 
56 17= VICTORIA, A.D. 1854. [0. 9. 
 
 of vessels, their boilers, etigines, and machinery, whether of 
 approval or disapproval. 
 
 15. In all cases of an express or implied undertaking to 
 transmit passengers from place to place, or to supply them 
 with food or lodging, if suitable provision be not made of a 
 full and ample supply of good and wholesome food and water, 
 and of suitable lodging for all such passengers, or if ships, 
 vessels, wood boats, rafts, or other craft impeding the progress, 
 are taken in tow without previous and seasonable notice to 
 the passengers before the voyage is commenced, in all such 
 cases the owner or master of such steam vessel shall be liable 
 to refund all the money paid for the passage, and to pay also 
 the damages sustained by such default or delay, and any 
 passenger may in any such case refuse to pay his or her 
 passage money ; but nothing in this Section shall apply to 
 vessels or crafts found in distress, or to prevent relief being 
 afforded in such cases. 
 
 16. That on any steamer navigating Rivers only, when from 
 darkness, fog, disarrangement of the machinery of the boat, or 
 other cause, the engineer shall be of opinion that the further 
 navigation of the vessel is unsafe, the vessel shall be brought 
 to anchor or moored as soon as prudently may be done, pro- 
 vided that if the perspn in command shall, after being so 
 admonished by such engineer, pursue such voyage, he may do 
 the same, but in such case both he and the owners of such 
 steamer shall be ansvverable for all damages which shall arise 
 to the person of any passenger or his baggage on board of 
 such steamer, from so pursuing such voyage contrary to such 
 admonition ; a,ad no degree of care or diligence shall in such 
 case be held to justify or excuse the person in command, or 
 the owner or owners. 
 
 17. Steam boats intended for and confined to the navigation 
 of Rivers and inland navigation, are required to carry not less 
 than two good boats, provided with four oars, of sufficient 
 ca,pacity to carry not less than twelve persons with safety 
 besides the crew, and also not less than six good life pre- 
 servers, except steam boats confined to the navigation of the 
 River Saint John from Fredericton upwards, which are hereby 
 required to carry one good boat of the like size^ and provided 
 as aforesaid. 
 
C. 9.] 179 VICTORIA, A.D. 1854. 57 
 
 '18. All penalties apd forfeitures imposed by this Act, not 
 exceeding t^e sum of ten pounds, may be sued for and re- 
 covered by summary prooeeding with costs of suit, at the suit 
 of Her Majesty's Attorijey or Solicitor General, or any person 
 who shall prosecute for the same, before two Justices of the 
 Peace in any County of the Province in which th^ offence shall 
 have been committed, or the cause of complaint shall have 
 arisen, or in which the offender or party complained of shall 
 and may appear to be ; or before the Police Magistrate at 
 Saint John or Portland, for any offence against this Act incurred 
 by the owner, captain, or engineer of any boat plying on the 
 River Saint John, or to oj- from any pl^ce in the City and 
 County of Saint John ; and all penalties abioye ten pounds 
 shall and may be prosecuted and recovered with costs as 
 aforesaid, in any Court of Record in this Province, by bill, 
 plaint, or information, at the suit of Her Majesty's Attorney or 
 Solicitor General, or any person who may prosecute for the 
 same ; and al} penalties imposed by this Act shall, when re- 
 covered, after payment of expenses, be paid into the Province 
 Treasury as part of the Revenue of the Province. 
 
 19. The owner or owners of any such steam boat who shall 
 permit such boat to navigate in any of the waters of this Pro- 
 vince, or to depart from any port or place in this Province with 
 passengers, without all the provisions and requirements of 
 this Act being fully complied with, shall forfeit and pay for 
 every breach or dereliction of duty for which a penalty is not 
 hereinbefore imposed, a sum not exceeding fifty pounds. 
 
 20. The master or officer in charge of any such steam boat 
 or vessel, who shall navigate or depart from any port or place 
 in this Province in such vessel without all the provisions of this 
 Act being complied with, shall forfeit and pay a sum not ex- 
 ceeding ten pounds, in addition to the penalty imposed upon 
 the owner or owners, for every offence, 
 
 21. If any steam boat shall depart from any port or place in 
 this Province on a voyage to any other port or place in or out of 
 this Province, without having first procured from the Inspector 
 of steam boats or his Deputy, the requisite certificate of such 
 boat being in all respects provided as is required by this Act, 
 the master or owner thereof shall for each and every such 
 neglect forfeit and pay a fine of not less than fifty pounds in 
 
58 17'' VICTORIJE, A.D. 1854. [C. 9. 
 
 the discretion of the Court before which prosecuted, to be re- 
 covered as other fines are directed to be recovered by this Act. 
 
 22. All deck sail vessels and all rafts plying, sailing, floating, 
 or lying on the River Saint John below Fredericton, shall, and 
 are hereby required, while so sailing, plying, floating, or lying 
 at anchor, during the night season, that is between sun set and 
 sun rise, to keep a good signal light, in case of sail vessels at 
 the mast head, and on rafts on a pole or mast not less than 
 ten feet high above the top of the raft, to be firmly placed and 
 kept on some conspicuous part of the raft, under the penalty 
 of five pounds for each and every neglect, to be paid by the 
 master, owner, or person in charge of such vessel or raft, as 
 the case may be, to be recovered and applied as othef penalties 
 imposed by this Act are directed to be recovered and applied. 
 This Section shall not apply to rafts while being made up and 
 fastened to the shore so as not to interfere with the navigation 
 of the River. 
 
 23. An Act made and passed in the thirteenth year of the 
 Reign of Her present Majesty, intituled An Act to provide 
 for the greater safety of Passengers on board of Steam Boats, 
 is hereby repealed ; provided always, that the several Com- 
 missioners already appointed under and by virtue of the said 
 Act, shall continue in ofiice until others are appointed in their 
 stead, and that all regulations heretofore made, shall continue 
 and remain in force until others shall be made in their stead, 
 and all fines and penalties heretofore incurred under and by 
 virtue of the said Act, may be recovered and applied in the 
 manner provided for in and by the said Act, as if the same had 
 not been repealed. 
 
 24. This Act shall not be in force or go into operation till 
 the first day of July in the year of our Lord one thousand eight 
 hundred and fifty four, and shall thence continue and be in 
 force until the first day of July in the year of our Lord one 
 thousand eight hundred and fifty eigtt, and no longer. 
 
C. 10, 11.] 17° VICTQRIiE, A.D. 1854. 59 
 
 CAP. X. 
 
 ■An Act to continue the Act relating to Dry and Pickled 
 
 Fish. 
 
 Section 1. — Continuation of Act. 
 
 Passed \st May 1854. 
 Be it enacted, &fc. — 1. That an Act made and passed in the 
 fifth year of the Reign of His late Majesty King William the 
 Fourth, intituled An Actio regulate the inspection of Dry and 
 Pickled Fish for home consumption and for exportation, ia 
 hereby continued and declared to be in force until the " Revi- 
 sed Statutes " shall come into operation, and regulations be 
 made relating to such Fish, under the authority of the Title 
 and Chapter authorizing the Justices in Session for any 
 County to make such regulations, when the provisions of such 
 continued Act shall cease to have effect as respects such 
 County. 
 
 CAP. XL 
 
 An Act to revive the first, second and third Sections of an 
 Act intituled An Act in addition to an Act intituled 
 ' An Act to enable the Justices of the Peace for the 
 several Counties in this Province for the time being, to 
 receive for public uses Grants of Land lying in their 
 respective Counties, and to regulate the Commons belong- 
 ing to the several Townships or Parishes within the 
 same! 
 
 Section 1. — Revival of certain Acts. 
 
 Passed 20th March 1854. 
 Whereas the said recited Act vv^as repealed by an Act 
 made and passed in the thirteenth year of the Reign of Her 
 present Majesty, intituled An Act to consolidate and amend 
 the Laws relating to the local government of Counties, Toivns 
 and Parishes in this Province, without any provision being 
 made in lieu thereof, which may not only have the effect of 
 rendering doubtful the titles to Lands that have been given 
 under the provisions of the said Act so repealed, but has ren- 
 dered inoperative the powers thereby given to the Justices of 
 the Peace named therein ; for remedy whereof, — 
 
60 17P VICTORItE, A.D;^ 1854. [C. 12, 13. 
 
 Be it enacted, fyc. — 1. That the first, second and third Sec- 
 tions of the said Act, made and passed in the tenth and eleventh 
 years of the Reign of His M^eg^y King Cfeorge the Fourth, 
 intituled An Act in addition to an Act intituled * An Act to 
 enable the Justices of the Peace for the several Counties in this 
 Province for the time being, to receive for public uses Grants of 
 Land lying in their respective Counties, and to regulate the 
 Commons belonging to the several Townships or Parishes vdthin 
 the same,^ be and the same are hereby revived and declared to 
 be in full force, virtue, and effect, any thing in the said Act by 
 which the same was repealed to the contrary notwithstanding. 
 
 CAP. XII. 
 
 An Act to authorize the election of certain Town or 
 Parish Officers. 
 
 Section 1. — Election of certain Parish Officers. 
 
 Passed \sl May 1854. 
 Be it enacted, fyc. — 1. That one or more of the following 
 Town or Parish Office<-s, namely, Weighers of Hay and Stravv, 
 Weighers of Coals, Measurers of Salt, Measurers of Wood or 
 Bark, and Inspectors of Barrels, may be elected in the several 
 Towns or Parishes of this Province, in the same manner and 
 at the same time as other Town or Parish Officers are by law 
 authorized to be elected ; and if not so eleQt^ed, the said Officers 
 may be appointed by the Sessions. 
 
 CAP. XIII. 
 
 An Act relating to the qualification of Freeholders in 
 certain cases. 
 
 Section. Section. 
 
 1. Trustees of Preeholcl Property not enti- ?. Penalties for breai;1i of this Act. 
 tied to vote. 
 
 Passed 1st May 1854. 
 Be it enacted, fye. — 1. No person possessing a freehold inter- 
 est in any real estate which is held in trust for charitable, 
 educational, or ecclesiastical purposfis, or fbr a Cemetery or 
 Public Burial Ground, or for any other purpose whatever, shall 
 in respect of such freehold interest be qualified to vote as a 
 
C. 14.] 17=' VICTORIA, A.D. 1854. 61 
 
 freeholder at any Election for Members to serve in the General 
 Assembly of this Province, 
 
 2. Any person or persons voting contrary to the provisions 
 of this Act, shall be liable to such fines and penalties as are 
 imposed by an Act made and passed in the eleventh year of 
 the Reign of Her present Majesty, intituled An Act relating 
 to the Election of Representatives to serve in the General 
 Assembly. 
 
 CAP. XIV. 
 
 An Act relating to the establishing of Polling Places in the 
 Counties of Charlotte, Gloucester, York, Clueen's, Saint 
 John, Victoria, Northumberland, and Sunbury. 
 
 Section, 
 
 Section. 
 
 1. Polling Places in Charlotte County. 
 
 2. - Do, Glouceeter. 
 
 3. Do. York. 
 
 4. Do. Clneen's. 
 
 5. Polling Places in Saint John Connty. 
 
 6. Do. Victoria. 
 
 7. Do Notthnmberland. 
 
 8. Do. Winbury. 
 
 Passed Ut Mny 1854. 
 
 Be it enacted, ^c.-^l. The following shall be Polling Places 
 in the County of Charlotte, for the Election of Members to 
 serve in the General Assembly, in addition to those already 
 established by law, that is to say : — 
 
 At or near the residence of John King, in the Parish of 
 Saint James ; the District commencing at the end of the 
 Bridge at Moore's Mill, thence passing along the Road to the 
 corner near the English Church, thence along the Road 
 through Oak Hill to the Canoose Stream, to include all that 
 part of the said Parish lying to the north and east of the said 
 Road ; and 
 
 At or near M'Gowan's, New River, in the Parish of Penn- 
 field ; the District to be called the Eaton District, east of 
 Popologan River. 
 
 2. The following shall be the Polling Places in the County 
 of Gloucester, instead of those now established by law, that is 
 to say : — 
 
 For the Parish of Beresford, near the Church of Petit 
 Rocher ; 
 
 For the Parish of Bathurst, at the Court House in Bathurst ; 
 
 Fdr the Parish of New Bandon, at or near Thomas Kerr's, 
 at Pokeshaw ; 
 
62 17<' VICTORIA, A.D. 1854. [C. 14 
 
 For the Parish of Caraquet, near the Church at Caraquet ; 
 For the Parish of Saumarez, near the Church at Tracadie, 
 and at or near Thomas Rivers', Pokemouche ; 
 
 For the Parish of Shippagan, near the Church at Shippagan. 
 
 3. The following shall be additional Polling Places in the 
 County of York, that is to say : — 
 
 For the Parish of Stanley, at or near Logan's, in the Town 
 of Stanley ; 
 
 At or near John Cockburn's, in the Harvey Settlement, for 
 all electors residing in that part of the Parish of Kingscleaf 
 southwest of a line running magnetic northwest and south- 
 east from the southeast line of Lot number seven, on the 
 Fredericton and Saint Andrews Road, granted to James 
 Taylor ; 
 
 At or near Dan. Richards', in Ham Town, Parish of Doug- 
 las, for all electors residing in that jjart of the Parish of 
 Douglas northerly and northeasterly from the rear line of 
 granted Lands fronting on the Saint John and Keswick Rivers, 
 and Jones' Mill Stream ; the Grant to the Nova Scotia and 
 New Brunswick Land Company excepted. 
 
 4. The following shall be the Polling Places in the Parishes 
 of Waterborough and Hampstead, in Queen's County, instead 
 of those already established by law, that is to say : — 
 
 In the Parish of Waterborough, at or near Abraham Wig- 
 gins', Young's Cove, on the south side of the Grand Lake ; 
 
 For the Parish of Hampstead, at or near Vanwart's, lower 
 end of Long Island. 
 
 5. Instead of the Polling Place established at Musquash for 
 the Parish of Lancaster, in the County of Saint John, the 
 Sheriff shall divide the said Parish of Lancaster into two 
 Districts : — 
 
 Number one. Musquash; number two, Spruce Lake Mills ; 
 the different boundaries to be defined by the Sheriff, who 
 shall give notice thereof as required by law. 
 
 6. The following shall be the Polling Places in and for the 
 County of Victoria, instead of those already established, that 
 is to say : — 
 
 For the Parish of Grand Falls, at the Grand Falls ; 
 For the Parish of Andover, opposite the mouth of the 
 Tobique River ; 
 
C. 15.] 17" VICTORIA, A.D. 1854. 63 
 
 For the Parish of Perth, at or near Thomas Finn's ; 
 
 For the Parish of Saint Leonard, at or near Forme 
 Ncdeaii's ; 
 
 For the Parish of Saint Basil, at or near Joseph Giro's ; 
 
 For the Parish of Madawaska, at or near Simon Hebert's ; 
 
 For the Parish of Saint Francis, at or near Richard 
 Leighey's. 
 
 7. The following shall be additional Polling Places in the 
 County of Northumberland, that is to say : — 
 
 At or near Flett's Cove, in Nelson, for all electors residing 
 east of the Semogan Bridge on Barnaby River, and all resi- 
 ding on the south side of the South West, east of the upper 
 side of Lot number thirteen, granted to George Henderson, 
 except the electors on both sides of Semogan Road ; 
 
 At or near James Hutchison's, in Northesk, for all electors 
 on the east side of the North West, below the lower line of the 
 Grant to the late James Walsh, and all on the west side below 
 the lower line of the Lot formerly owned and occupied by the 
 late Andrew M'Grath ; 
 
 At or near Goodfellow's, in Newcastle, for all electors above 
 Grand Down Creek, in Alnwick, and for all the electors in 
 Newcastle below the Mill Stream owned by Gilmour, Rankin, 
 and Company, opposite Middle Island. 
 
 8. The following Polling Place is established in the Parish 
 of Sheffield, in the County of Sunbury, in addition to the one 
 already established by law, that is to say : — 
 
 At or near William Scott's, Hardwood Ridge, for all elec- 
 tors residing in the New Zion Settlement, and from thence to 
 the northeastern boundary of the said County. 
 
 CAP XV. 
 
 An Act to regulate the Sale of Spirituous Liquors. 
 
 Section. Section, 
 
 1. Repealof Actrelatingto trafficinliquors, 9. Licenced persons guilty of breacli of law, 
 
 2. Ko liquors to be sold without licence. proceedings against. 
 
 3. Licences granted by whom, for what sum, 10. Witnesses refusing to appear ; Penalty. 
 
 and time. 11. Penalty for selling without licence, and if 
 
 4. In remote situations, how granted. licenced, for less quantity than allowed. 
 
 5. Licence money, to whom paid and for 12. Licences, to what period confined. 
 
 what purpose. 13. No remedy by Inn Keeper for liquors 
 
 6. Licence, to whom granted, quantity to be sold on credit. 
 
 sold. 14. Penalty in reference to apprentices and 
 
 7. Duty of Sessions to make regulations. minors. 
 
 8. General Sessions only to grant Ucence 15. Penalty for, selling on Sunday, and pro- 
 
 and take recognizance. ceedings. 
 
64 17® Victoria, A.D. 1854. [g. is. 
 
 Section. , . .^ i • Section. 
 
 16. Penalty for licenced persons buying or 83. Acp to be read by Clerk, when. Present 
 
 selling BniQggled-' liquors. ■ ^* , >' mfent, ahd proceedings thereon. 
 
 17. Penalty for inducing Soldiers to desert or 23. Penalties, how applied, 
 
 ■ exchange reginientals. * '24. Deiiniuon of the word " liquors." 
 
 18. Penalty for concealing, &c., articled Sea- 23- Penalty for selling liquors in certain 
 
 inen. places. 
 
 19. Duty of Clei^ks of; the Peace as to lists ; 26. B,urden of proof, wb^h on parley prose- 
 
 further proceedings. cuted. 
 
 SO. Attendance of- witnesses befme, Gtrand 27. Powers of Special Sessions to. grant 
 
 Jury, liow obtained. licences. 
 
 Ql. Powers of Mayor of Saint John, and Fre- 28. By what forms proceedings to be had. ' 
 
 dericton in granting licences. 29. In incorporated Counties, proceedings. ' 
 
 ■ ' I ' 30. Cohtinctanceof Act. 
 
 : Passed \st May 1854. 
 
 Be it enactedi ^c. — 1. That an Act made and passed in the 
 
 fifteenth year <,f the Reign of Her present Majesty, intituled 
 
 An Act to prevent the traffic in Intoxicating lAquors, be and 
 
 the same is hereby repealed. 
 
 2. No person shall directly or indirectly barter or sell any 
 liquors without Licence for that purpose first obtained as 
 hereinafter provided. 
 
 3. The General Sessions of the Peace for the several Coun- 
 ties in this Province, are hereby empowered to grant wholesale 
 and Tavern Licences to such and so many persons of good 
 character as they in their discretion shall think proper, to sell 
 Liquors by wholesale, or keep a Tavern within their respective 
 Counties, demanding and receiving for every such Licence a 
 sum not exceeding twenty five pounds, nor less than five 
 pounds, which sum shall be paid into the hands of the Clerk 
 of the Peace of the County where the same shall be granted, 
 together with two shillings and six pence to the said Clerk 
 for his trouble in issuing such Licence ; but iio wholesale or 
 Tavern Licence shall be in force for a longer period than one 
 year. 
 
 4. Nothing in the third Section contained shall prevent any 
 such Court, in their discretion, from granting Tavern Licences 
 for the sum of forty, shillings to persons residing in remote 
 situations, when the same shall appear to such Court absolutely 
 necessary for the accommodation of travellers. 
 
 5. The Clerks of the Peace of the several Counties, within 
 one week after the Sessions during which any Licences may 
 have been granted, shall pay over to the respective County 
 Treasurers all such Money so received by them respectlviely 
 for Licences so granted, towards defraying the contingent 
 expenses of the County. 
 
C. 15.] l?" VICTORIA, A.D. 1854. 65 
 
 6. No Licence to keep a Tavern or Inn ahall be {granted to 
 any person unless he shall be of orderly amd sober habits, and 
 shall have the means of comfortably entertaining travellers ; 
 aod no person licenced to sell by wholesale any liquors under 
 the provisions of this Act shall sell any suqh liquor in eny 
 quantity less than one pint, nor shall such wholesale dealer 
 permit any such liquor to be drank on his premises. 
 
 7. The said Courts shall, from time to time, make and 
 ordain such rules and regulations as they may deem necessary 
 to be oteerved by wholesale dealers and Tavern Keepers, iii 
 their respective Counties, lunder such penalties as the said 
 Courts respectively may consider right ; hut in no case to be 
 less that! on« pound nor m'ore than five pounds, for every 
 breach of auich rules and regulations, to be recovered before 
 the Court ;Qf Sesisions, or any two of Her Majesty's Justices of 
 the Peace of the County where the offence may be committed. 
 
 6. No wholesale or Tavern Licence shall be granted in any 
 County in this Pr-ovince utjless at the Greneral Sessions, and 
 every person on obtaining a Licence shall enter into recogni- 
 zance te Her Majesty in the sum of forty pounds with two gop^ 
 auretifis, poadttioned to obey such rules and regulations. 
 
 9. When it shall come to the knowledge of any such Courts 
 respecitively, or of any two of Her Majesty's Justices of the 
 Peace in any County, by complaint or otherwise, that any 
 wholesale dealer. Tavern or Jnn Keeper within^ihe jurisdiction 
 of said Court or of the said Justices, has been guilty of a breach 
 of any rule or regulation made as aforesaid, it shall be lawful 
 for the said Court or t-he said two Justices to cause the offend- 
 ing party to be brought before -them at such time as Ijhey in 
 their discretion shall appoint ; and the said Court or tiie said 
 two Justices may compel rthe attendance of any witnesses to 
 give evidence on any .proceedings to be had before them 
 respectively, against any person for the breach of any^ such 
 rules or regulations, or for the recovery of any penalty imppse4 
 under the authority erf" this AqU ■' 
 
 10, When any person having beep legally served with a 
 
 Subpoena, shall neglect or refuse to attend according to the 
 
 exigency .of the same, he shall be iliable to a penalty jQ,Qt 
 
 exceeding, two pounds -for every default, to he imposed by the 
 
 said Courtor the twoJugtlces, unless it.shall be madetto appear 
 
 5 
 
66 17» VICTORItE, A.D. 1854, fC. 15. 
 
 to the satisfaction of the said Court ^r Justices that the party 
 subpoenaed had good excuse for non-attendance. 
 
 11. If any person shall directly or indirectly sell or bar- 
 ter any liquors without Licence, or if'a licenced wholesale 
 dealer shall sell any liquor in any quantity less than one 
 pint, or shall allow any liquor to be drank on his or their 
 premises, every person so offending shall for each offence forfeit 
 a sum not exceeding ten ])0unds nor less than two pounds, to 
 be recovered with costs of prosecution before the said Court 
 for the County in which the offence shall be committed, or be- 
 fore any Justice of the Peace of the said County, on the oath 
 of a credible witness. 
 
 12. No Licence granted under this Act shall entitle any 
 person to keep a Tavern or Inn, or to sell liqUor by wholesale 
 in any house or place other than that for which his Licence 
 may have been granted ; but in case of the death or removal of 
 any person licenced as aforesaid, before the expiration of the 
 sariie, it shall be lawful for the said Court of GenerallSessibns, 
 or any Special Sessions, (if they see fit,) to grant to the person 
 succeeding to such Tavern or wholesale premises, a Licence 
 to continue and keep on the same during- the residue of the 
 time of the said Licence, but the person so succeeding shall 
 enter into the like recognizance as if he had originally obtained 
 siich Licence under the authority of this Act. 
 
 13. No Inn Keeper or TaVern Keeper who shall sell upon 
 trust or credit, any liquors, mixed or unmixed, to any person, 
 shall have any remedy against the said person, his executors or 
 administrators, either in Law or Equity, for the recovery of the 
 value thereof; and if any Bill, Bond, Note, Mortgage, or other 
 security or convey*ahce, shall be made and delivered, the con- 
 sideration or any part^ the consideration of which shall be 
 proved to be for liquors sold, the same shall be deemed and 
 taken to be fraudulent and void in all Courts of Justice; and 
 if any pawn or pledge shall be left by any person with any 
 Tavern or Inn Keeper, it shall be lawful for any Justice of the 
 Peace of the County in which such pawn or pledge may have 
 been given or left, on complaint and proof of the same, to 
 order the said pawn or pledge to be restored, and shall further 
 convict the Inn Keeper or Tavern Keeper who may have 
 received the same in a penalty not exceeding five pounds for 
 each offence. 
 
C. 15.] 17» VICTORIiE, A.D. 1854. 67 
 
 14. No Tavern Keeper or Inn Keeper shall permit any 
 apprentice to any profession or trad«, or any servant, or any 
 person under the age of sixteen years, to sit or remain drinking 
 in his house or premises | nor shall any Tavern Keeper or 
 Inn Keeper sell or give, or suffer to J*e given or sold, to any: 
 servant, or to any person under the age of sixteen years, any 
 liquors, without the order or consent of the master, mistress, 
 parent or guardian of such apprentice, servant, or person under 
 tlie age aforesaid, under a penalty not exceediiig five pounds, 
 to be recovered with costs, on the oalfh of one credible witness^ 
 before any Justice of the Peace of the County where the 
 oifFence may have been committed. 
 
 15. No Tavern Keeper, Inn Keeper, or wholesale dealer, 
 shall sell any liquors, mixed or unmixed, on the Lord's Day, 
 commonly called Sunday, under a penalty not exceeding five 
 pounds nor less than two pounds for every offence, to be reco- 
 vered upon complaint before any Justice of the Peace of the 
 County where the offence shall be committed ; and if any per- 
 son shall be seen on the Lord's day leaving the premises of 
 any Tavern Keeper or Inn Keeper in a state of intoxication, 
 such Tavern Keeper or Inn Keeper shall be deemed and 
 taken to be prima facie liable to the penalty in this Section 
 mentioned, and shall be convicted in the same, unless he shall 
 make it appear to the satisfaction of such Justice that no 
 liquors were on that day sold or given, directly or indirectly, 
 to such intoxicated person 'by such Tavern Keeper or Inn 
 Keeper, or by any person or persons in his employ. 
 
 16. Any Tavern Keeper, Inn Keeper, or wholesale dealer, 
 selling, or offering for sale, or having in his possession any 
 liquors, knowing the same to have beein^illegally imported,- 
 ^hall, on conviction by the oath of a credible witness before 
 any Justice where the offence may be committed, forfeit the 
 sum of five pounds, with costs of prosecution, and his Licence 
 shall be annulled, and he shall not be deemed eligible to receive 
 a Tavern, Inn, or Wholesale Licence, for the space of two 
 years then next ensuing. 
 
 17. If any Tavern Keeper, Inn Keeper, or wholesale dealer, 
 shall directly or indirectly persuade or seduce, or attempt to 
 persuade or seduce any Soldier to desert from Her Majesty's 
 Service, er shall assist any such Soldier in deserting or in 
 
68 17® VICTORIiE, A.D. 1854. [C. 15. 
 
 coiicealiRg himself from such Service, or shall buy, exchange, 
 detain, or otherwise receive any arms, clothing, caps, or other 
 furnitnre or accoutrements belonging to the Queen, or to any 
 such Soldier or deserter, which are gienerally deemed Regi- 
 mental ntebessaries, according to the custom of the Army ? or 
 shall exchange, buy, or receive from any Soldier amy provi- 
 sions, unless by consent of the OfBcer commanding the Regi- 
 ment or detachment to which such Soldier mky belong, it shall 
 be lawful for the 'Governor in Council to annal the Licence of 
 such Tavern Keeper, Inn Keeper, or wholesale dealer, and 
 immediately on receiving notice of such annulment, he shall 
 thenceforth be deemed to be an unlicenced person, and shall 
 be disqualified from holding or obtaining arty Licence whatever 
 for the space of two years from the time of such an>nulilie($t. 
 
 18. Any Tavern Kefeper or Inn Keeper convicted of enticing, 
 seducing, harbouring or concealing any articled Seaman «jr 
 Apprentice, shall not only forfeit his Licence, but also be dis- 
 qualified from holding a Tavern Licence for the space of one; 
 year from the time of such conviction. 
 
 19. The several Clerks of the Peace in the respSbtivB 
 Counties, as soon as may be after every General Sessions at 
 which Licences may have 'been granted, shall transmit to the 
 Town Clerks of the several Parishes a list of the persons 
 licenced to kedp an Inn or Tavern, or to sell Liquors by 
 wholesale, in their respective Parishes, and such Town Clerk 
 shall mak« diligent «nqoiry and make known to the Clerk of 
 the Peace or to the nearest Justice, if any person he ,gDilty or 
 suspected to be guilty of any breach of the provisions of this 
 Act, or of any regulations made by virtue thereof^ in order that 
 the offender may be .prosecuted. And the Justices of the 
 severail Counties in this Province at their respective Get^rtA 
 Sessions of the Peace, may order such sum of money to be 
 paid to each of the said Town Clerks from the funds of the 
 County, to remunerate them for the duty her<eby imposed, as 
 such Justices in their discretion may think fit. 
 
 20. Whenever the Grand Jury at any Court of General 
 Sessions of the Peace, in any of !the Counties of this Province, 
 shall deem it to be necessary that any person should be brought 
 befoi'e them as a witness to make iknown any offender against 
 trbe provisions aforesaid^ and shall presei^ to the said Cowrt 
 
C. 15.] 17* VICTORIA:, A.D. 1854. 69 
 
 the name of such witness, such Court may forthwith issue a 
 Subpcena to compel his attendance, and appearing he shall be 
 sworn in open Court to make true answers to such questions 
 as shall be asked by any of the said Grand Jury touching any 
 offence against the provisions aforesaid, and shall immediately 
 attend the Grand Jury for that purpose ; but no witness shall 
 be compelled to criminate himself. 
 
 21. The Mayor of the City of Saint John and also of the 
 €/ily of Fredericton may ask, demand, and receive for every 
 Licence by him to be granted, under the Charter of the said 
 City of Saint John if granted there, and under the Act of 
 Incorporation of the City of Fredericton if granted there, any 
 such sum or sunis of money as he and the person to whom such 
 Licence shall be given and granted may agree upon, not 
 lexeeeding the sum by this Act allowed to be taken in the like 
 cases ; and may also licence to sell, and demand therefor the 
 like sura as herein allowed in the case of wholesale dealers, 
 to be applied for the public use of the Mayor, Aldermen and 
 Commonalty of the said Cities of Saint John and Fredericton 
 respectively ; but nothing in this Act contained shall interfere 
 with or take away any of the rights or powers already given 
 to the respective Mayors of the said Cities of Saint John and. 
 Fredericton, in granting Licences for the sale of Liquors. 
 
 22. This Act shall be publicly read by the Clerk of the 
 Peace at the opening of every Court of General Sessions of the 
 Peace in the several Counties in this Province, and the Justices 
 of such Courts shall at the same time cause a list of all the 
 holders of Licences in the respective Counties to be delivered 
 to the Grand Jury at such Courts respectively ; and it shall be 
 given in charge to such Grand Jury to make diligent enquiry 
 and presentment of all persons found or suspected to be guilty 
 of any offence against ihis Act ; and upon such presentment 
 the Justices of any such Court may proceed against the offen- 
 ders in the manner hereinbefore directed ; and all penalties shall, 
 upon the recovery thereof, be paid to the respective County 
 Treasurers, to be applied to the same purposes and under the 
 same directions as the sums of money paid for Licences are 
 hereinbefore directed to be applied. 
 
 23. All penalties recovered under this Act, not prosecuted 
 before the Sessions, shall be paid to the County Treasurer of 
 
70 17° VICTORIiE, A.D. 1854. [C. la 
 
 the County where prosecuted, and one half of every penalty 
 shall be ordered to be paid to the person by whose means the 
 conviction was obtained, and no testimony sliall be excepted 
 to on that ground. 
 
 24. In this. Act, unless there be something in the context to 
 the contrary, the word "Liquors" sbull mean Wine, Brandy, 
 Gin, Whiskey, Ale, Porter, Strong Beer, or any other fer- 
 mented, distilled, alcoholic, or intoxicating liquors. 
 
 25. No liquors shall be . sold ia any booth or shed, or in 
 any place whatever where any public meeting or gathering of 
 people may take place, or within one mile of the same, unless 
 the meeting or gathering be in a City ov Town, under the 
 penally of five pounds for every offence in every case of sale;.. 
 
 26. In all prosecutions for penalties, proof that any person 
 has been found intoxicated on, or CQ.m^ing out gf any premises 
 where liquors are permitted to be sold, shall throw the burthen 
 of proof on the party prosecuted. 
 
 27. The Justices of any Special Sessions shall have power 
 to grant Licences under this Act before the sitting of the first 
 General Sessions after the passing thereof, to contiaue only till 
 the meeting of the General Sessions, and they shall denmnd ■ 
 and receive therefor such sum as- to the said Special Sessions 
 shall seem meet. 
 
 28. On prosecutions' under this Act had before Justices in 
 General Sessions, the forms of any process. or conviction may 
 be made conformable as near as may be to the forms prescribed 
 by any Act now or hereafter in force relating to summary con- 
 victions before Justices ef the Peace, and any such process may 
 be issued and signed by the Clerk of said Qourt either in Term 
 or Vacation, and the costs of such prosecution shall be the same' 
 as are allowed in such Court for like or analagoas services ; 
 and for any prosecution had before Justices not in Sessions, 
 the mode of proceeding and costs shall be regulated by any 
 Act now or hereafter in force relating to summary convictions 
 before. Justices of the Peace. 
 
 29. In all Incorporated Counties the Licences to be granted, 
 and regulations to be made under the provisions of this Act, 
 shall be so granted and made by the Warden and Council; and 
 the duties prescribed to be performed by Clerks of the Peace 
 in reference thereto, shall in such Counties be performed by 
 the Secretary Treasurer thereof. 
 
C. 16, 17.] 17° VICTORIA, A.D. 1854. 71 
 
 30. This Act shall continue and be in force until the first 
 day of May which will be in the year of our Lord one thousand 
 eight hundred and sixty. 
 
 CAP. XVI, 
 
 An Act to regulate the publication of the Revised Statutes 
 and other Acts of Assembly. 
 
 Section, Section. 
 
 ; 1. Revised Statutes, publication.of. 3.. Regaining Statutes, how to be published. 
 
 3. Mistakes, how remedied. 
 
 Pasucd 1st May 1854. 
 Be it enacted, fyc.- — 1. The Revised Statutes, together with 
 a Table of Contents in front, andaii Index, shall form the first 
 Volume of the Acts of Assembly. 
 
 2. If any mistake appear in the arra:ngement of the Parts, 
 Titles, Chapters, or Sections of the Revised Statutes, as they 
 have passed the Legislature, the same may be corrected before 
 printing. 
 
 3. The Public Acts of the present Session, together with 
 those remaining unrepealed, may either be introduced into the 
 Volume of the Codified Laws passed the present Session, or 
 form asecond Volume, as the pierson or persons that may be 
 appointed to superintend the printing and publication thereof 
 may deem most convenient ; and the Local and Private Acts 
 shall form another and distinct Volume; in both cases classi- 
 fying, but not altering any part thereof, except the formal 
 enacting words, " Be it enacted," and words of similar import, 
 omitting any repealed Sections, and supplying the headings of 
 contents to each Act, Title, or Chapter, as the case may be, 
 a Table of Contents in front, and an Index. 
 
 CAP. XVII. 
 An Act relating to King's College at Fredericton. 
 
 Section 1. — Commissidners appointed, by whom, for what purpose, and their duties. 
 
 Passed 1st May 1854. 
 
 Be it enacted, &fc. — 1. That His Excellency the Lieutenant 
 Governor in Council be and he is hereby authorized and re- 
 quired to appoint a Commission, consisting of not more than 
 
n n^VICrOKlM, A.D. 1854. [C.I9. 
 
 firie persons, to enquire into the present state of King's Col- 
 lege, its management ami utility, with the view of improving 
 the same, and rendering that Institution more generally useful, 
 andof suggesting the best mode ofefTecting that desirable object;: 
 and should such Commission deem a suspension of the present 
 Charter desirable, then to suggiest the best mode of applying 
 ks endowment in the meantime for the educational purposes 
 of the Province, and to make report of their doings to His 
 Excellency the Lieutenant Governor, to be laid before both 
 Branches of theLegislattirewitbintwenty days after the opening 
 of the next Session. 
 
 CAP. XVIII. 
 An Act i-elatiag to the administfatioli of Jnstice in Equity, 
 
 Pcased \st May 1854. 
 
 Chapter 1. 
 0/ the Jurisdiction, Officers, and Practitioners of the Court. 
 
 Action. Section. 
 
 f . ttatater of Chancery busineu to Sa- 7. Master of the Rtills, offiee of, abolrahe^r 
 
 preme Court. &c. 
 
 ^, &fa'etice of Sopretiie Court in Equity, 8. ^faster in CHincery, office of, sboliihed ; 
 
 v</heEt shctll be. Examinevsv how appointed. 
 
 4. Who to niake Rules for farther regoU- 9. Solicitors to serve copies of Fleadingft 
 
 ' ting same, and how. and prepare Frocesses. 
 
 i. Business of the Court, how to be coir- 10! ComteisStbner^. 
 
 dueled, and by vyhom. ^ 11- Clerk in Equity, M? duty. 
 
 5. Orders and ITecrees, how to be carried 12. Sheriifs and other' Officers, geAerhlduties^ 
 
 out. 13. Sheriff to serve Processes of the Court. 
 
 S. Stated Sittings, when. 14. Common Gaol's, what. 
 
 15. Explanation' of Vermsv 
 
 Be it enactect, ^c. — 1. The Supreme Court shaTT hear and 
 determine in Equity all causes heretofore cognizable by the 
 Court of Chancery, with the like powers and jorisdiction, 
 principles of equity law, and rules of practice, subject to the 
 regulations in the several Chapters of this Title mentioned ; 
 and all suits remaining undetermined in Chancery, together 
 with all the VoHs-, rtecttrdsvand proceedings t»f the Court, shall 
 be transferred to the Supreme Court, and be there continued 
 and kept; and such suits, with all other causes, be heard, tried, 
 and detettmined according to the equity jurisdiction hereby 
 established under the n«tme (^ the " The Supreme Court od 
 the Equity side," of "In Equity;" and the said Court of 
 
e. 18.] 17° VICTORIJI, A.D. 1854. 73 
 
 Chancery is hereby abolished except where it may be neces- 
 sary for the transaction of business in cases of lunacy. 
 
 2. The practice of the Court of Chancery in England prior 
 to the twenty third day of March one thousand eight hundred 
 and thirty nine, to be applied as has heretofore been done m 
 this Province with respect to the practice of the said Court 
 when this Province was erected, together with the existing 
 rules, orders, practice, and fees, as now established in the Court 
 of Chancery of this Province, whether framed or constituted 
 under the authority of any repealed Act of Assembly or 
 otherwise, subject to the provisions of the several Chapters of 
 this Title, and to any modifications of the whole under the next 
 following Sections, shall be the system of proceeding for the 
 said Supreme Court in Kqnity. 
 
 3. The Court may makey and they are hereby. required from 
 time to time to make general rules and orders for carrying 
 the purposes of the Chapters under this Title into effect, and 
 for regulating the times, forms, and mode of procedare, and 
 generally the practice of the Court in respect of the matters 
 to which sach Chapters relate, and, so far as may be found 
 expedient, for altering the course of proceeding in the same 
 prescribed in respect of the matters to which this Title relates, 
 or any of them, and from time to time to rescind, alter, add 
 to, and amend the same as the Judges of the said Comt, or a 
 majority of them, may deem necessary. 
 
 4. The Court shall always be open, and every matter, 
 whether interlocutory or on the hearing of the cause, shall be 
 decided by any one of the Judges, with the same powers as 
 heretofore exercised by the Master of the Rolls, subject to 
 appeal ; and every appeal from the decision of a Judge, or 
 from any decision of the Court of Chancery made before this 
 Act comes into operation, shall be made to the Court in Term, 
 which shall have the same authority and jurisdiction therein 
 as the Chancellor has hitherto had on appeal. 
 
 5. Every order or decree of a Judge shall be entered and 
 carried out by the officers and Solicitors of the Conrt as the 
 act of such Court, but when the Judge shall be satisfied that 
 an immediate execution thereof may be necessary, the order 
 or decree under his hand, or execution with his allowance 
 thereon, may at once be issued by the Solicitor with the same 
 
74 17=" VICTORIA, A.D. 1854 [C. 18. 
 
 effect as if a part of the ordinary process of the Court, apd 
 the papers shall be filed with the Clerk, and other directipns 
 obeyed, as the Judge shall prescribe. ,-,.■_ 
 
 6. Besides the ordinary business, statpd; Sitlings.in Equity 
 shall be held at Fredericton by any one of the said Judges on 
 the first Tuesday in every month in each year;, CKcepting Feb- 
 ruary and September, and instead of February the. Sittings 
 shall be on the last Tuesday in January, for the purpose of 
 hearing all motions and causes cognizable<in the said Court. 
 
 7. The Master of the Rolls shall be one jof the five Judges of 
 the Supreme Court, both at law and in equity, but his salary as 
 such Judge shall, during his incumbency, be paid in the same 
 manner and to the same extent as when Master of the Rolls, 
 without fees or allowances other than for travelling charges or 
 Circuits ; and the ofiice of Master of the Rolls is hereby abor 
 lished. 
 
 8. The office of Master and Master Extraordinary, in the 
 Court-of Chancery is hereby abolished, and any Barrister who 
 may be at any time appointed by any Judge in any particular 
 cause shall have power to act as an examiner, and on being 
 sworn, shall have power to administer the oath to the witness, 
 and take the examination in such cause;, the oath to be taken 
 by any examiner shall be taken and administered according to 
 the established practice. 
 
 9. The Solicitors of the plaintiff and defendant respectively 
 shall serve the opposite party with copies of all pleadings and 
 writings drawn and filed by them, and may prepare all pro- 
 cesses for signing and sealing. 
 
 10. The Commissioners for taking affidavits in the Supreme 
 Court shall have similar powers on the Equity side of the said 
 Court. 
 
 11. The Registrar of the Court of Chancery shall be Clerk 
 of the Court on the Equity side, and shall file and have the 
 custody of all papers, make office copies thereof when required, 
 and entries, sign and seal processes, tax all costs, and draw 
 orders and decrees in Equity ; and the said office of Registrar 
 is also abolished, except so far as it may be necessary to act 
 in cases of lunacy. 
 
 12. All Sheriffs, Deputy Sheriffs, Coroners, Gaolers, Can- 
 stables, and other officers, shall be aiding, assisting, and obey- 
 
C. 18.] 
 
 J70 VICTORIA, A.D. 1854 
 
 75 
 
 ing the said Court in the exercise of its jurisdiction, whenever 
 required to do so. 
 
 13. The Sheriffs, or if interested the Coroners, shall serve 
 or execute within their respective Counties, any process of the 
 Court that may be sent to them for that purpose, and they 
 shall be entitled to the same fees and emoluments in respect 
 of the same as on the Common Law side of the Court. 
 
 14. The common gaols of the several Counties shall be the 
 prisons of the said Court. 
 
 15. Whenever the term "Court" shall be used in any of the 
 Chapters of this Title, it shall mean the *' Supreme Court on 
 the Equity side," and when any Judge shall be required to 
 perform any duty under any of the said Chapters, the same 
 shall mean any Judge of the said Court sitting in Equity, unless 
 there bejsomething in the context repugnant thereto. 
 
 Chapter 2. 
 Of the General Procedure, 
 
 Section. 
 
 Seciion. 
 
 8. 
 
 &. 
 
 10. 
 
 12. 
 
 13. 
 14. 
 
 35. 
 
 16, 
 
 17. 
 
 18. 
 
 19. 
 
 20. 
 21. 
 
 23. 
 
 Causes in Eqaity, how eomnaetieed. 
 Process, when not to be objected to. 
 Proceeding when defendant out of limits 
 
 of the Province. 
 Bill, when to file, and what to contaiD. 
 Injunctions, how to be obtained. 
 Bb. ii> what cases allowed, order for, and 
 
 effect thereof. 
 Copy of Bill, bow to serve on appearance, 
 
 may be taken pro confesso, virhen and 
 
 how. 
 Answers, how to be made. Demurrer 
 
 for want of parties not allowed. 
 Interrogatories may be filed for plaintiff 
 
 to answer. 
 Exceptions to answer, &c., how made. 
 Impertinence, how remedied. 
 'Answers, Commissions, &:c., bow to be 
 
 sworn and returned. 
 ^Q. when party out of the jurisdiction. 
 After issue Judge to decide what admit- 
 ted or denied. 
 Judge may also decide as to evidence, 
 
 trial, &c. 
 Publication of evidence not necessary, 
 
 but cause to be heard, When. 
 Documentary evidence, how to be ob- 
 tained. 
 Issues, how triable, and for purposes of 
 
 Injunction. Law points, how decided. 
 When 1)0 objection allowed for want of 
 
 parties. 
 Setting down for same abolished. 
 Parties in case of deceased persons, how 
 
 supplied. 
 Evidence of docuQients, how obtained at 
 
 the hearing. 
 Cause, how dismissed, or defects in reme- 
 
 died. 
 
 24. Misjoinder of Plaintiffs, how effected. 
 
 25. Where parties and property mixed as to- 
 
 interest, how to adjudicate. 
 
 26. If demurrer good for want of equity; how 
 
 to proceed. - *' 
 
 37. AfHdaviis, how drawn and used. 
 28. Declaratory Decree, how sustainedv 
 S9. Effect of death on one or more parties to 
 
 suit- 
 
 30. Change.of interest,, what effect on suit. 
 
 31. How executors made to account without 
 
 snit^and to whom. 
 
 32. After Decree, how Minutes to be settled, 
 
 enrolment made, and proceedings 
 thereon. 
 
 33. Mode of appeal. 
 
 34. What papers to be used on appeal, and 
 
 what further proceedings. 
 
 35. Judge q\ Probate's deci&ion,how to appeal 
 
 from. 
 
 36. Mode of effecting sales ordered. 
 
 37. Moneys in Equiry, how to be rested. 
 
 38. Registered Jilemorial trf" Decree, how to 
 
 affect lands. 
 
 39. Court, how to enforce Decrees. 
 
 40. Procfeedinea for plaintiff after Decree, 
 
 where defendant out of jurisdiction.^ ■ 
 
 41. If such defendant rebprn within a certain 
 
 time, how to proceed 
 
 42. If such defendant die, what may be done 
 
 by his representative, and when. 
 
 43. If such defendant, being served with copy 
 
 of Decree, do not appear, ta be barred. 
 
 44. If such defendant do not appear withiA 
 
 certain time, how to proceed. 
 
 45. Deposits to answer costs abolished. 
 
 46. Forms, how valid. 
 
 Schedule of Forms. 
 
76 IT^VICTORIJI, A.D. 1854 [CIS. 
 
 ■ ■ -- ■ '' * .11 — — ....i. ■■■ 'I II- 
 
 1« All causes in Equity, except cases of injunction befi^re 
 heari{ig> shall be commenced bj a Summons (A), which shaH 
 include the names of all thfi defendants, be made returnable 
 within forty days from the servicoj and be served personally, 
 or by leaving a co{vy thereof with some adult person at the 
 place of residence or business of the defendant, and connected 
 with his establishment; or if a Corporation, may be served on 
 the bead officer, secretary, treasurer, cashier, or priQeipal 
 agent ; or if out of the jurisdiction of the Court, on any agent 
 or person having charge of property the subject of the suit, or 
 guardian residing in the Province, or on the defendant in per- 
 son ; and the service shall be proved by affidavit. The sub- 
 poena heretofore in use on filing the Bill is hereby abolished ; 
 and if a Bill be filed with the prayer of injunction the summons 
 shall be issued as above prescribed. 
 
 2. No objection shall be allowed to any process or proceeding 
 in the said Court for want of, or mistake in any christian name* 
 or initials thereof, if the party shall be described by the name 
 by which he is usually called or known, or by which he is 
 accustomed to call himself, except when it may be necessary 
 to set out an instrument in its own words. 
 
 3. Whenever it shall be made to appear by affidavit to the 
 satisfaction of a Judge, that any person, his heir or executor, 
 against whom any other person hath any equitable right, is out 
 of the limits of the Province, and that the applicant hath good 
 pritndfdde grounds for filing a Bill against him, an order may 
 be made requiring the defendant to appear at a certain day 
 therein named, which shall be published in the Royal Gazette, 
 and shall continue to be published therein for the space of three 
 months thence next ensuing. 
 
 4. On the expiration of forty days after service of the sum- 
 mons, or of the time limited in the order for appearance, no 
 appearance having been entered, or on the appearance of the 
 defendant and notice thereof served, and within three months 
 therefrom, and in ihjunction causes without previous summons, 
 the plaintiff shall file a Bill similar to the Form (B), with such 
 variatians as each case may require, which shall contain a 
 brief narrative of the material fects on which the plaintiff 
 relies, numbering each allegation as in the said form, adhering 
 as near as may be to the brevity bf such form, and concluding 
 
C.18.] 17" VICTORIA, A.D. 1854. 77 
 
 with a prayer for specific relief, under wbich, without a prayer 
 for general relief, be shall have any other relief to which the 
 equities of his case may entitle him. Documentary evidence 
 shall not be inserted at large, but any part of it material to the 
 cause shall be referred to in a concise manner, mentioning in 
 what custody the same may be, if known, for the purpose of 
 refer«nGe, or order of production. The Bill shall be sworn to/ 
 by the plaintiff, or by the agent if filed by him, to the b€st of 
 his knowledge and belief. 
 
 ' 5. In injunction causes, if the appliisation is to be supported 
 by any proof other than the sworn Bill, the same shall be done 
 by a short affidavit staling generally the truth of the facts con- 
 tained in such Bill, or in any of the separate allegations by 
 number, or setting ^trth any new facts in confirmation of the 
 same. 
 
 6. Whenever an injunction may be required before hearing, 
 the same shall be granted only on spenial cause shewn, and 
 shall be by Order (<C), instead of the writ of injunction. Such 
 order may be applied for to any Judge before or afteir the Bill 
 filed, on notice to the opposite party, and the application may 
 be heard on production of the Bill, before £ling, or of a sworn 
 or certified copy thereof after filing, with afilidavits, if any. If 
 the injunction be applied for after. answer, the answer, or a 
 sworn or certified copy thereof, may be used by defendant as 
 an affidavit. All these papers shall be left with the Judge, or 
 filed under liis direction with the Clerk. In cases of immediate 
 necessity the injunction may be granted in like manner, but 
 without notice, subject to being dissolved or otherwise on suf- 
 ficient grounds shewn by affidavit on the part of the defendant. 
 The di^unction order shall have all the eifect of the writ of 
 injunction, and may be dissolved or modified according to cir- 
 cumstiinces. 
 
 7. If the defendant in any «uit appear, a copy of the Bill 
 shall be served on his Solicitor, with a copy of the Interroga- 
 tories (D), wiiich shall then be filed as part of the plaintiff's 
 Bill ; the interrogatories to be founded on the allegations 
 therein contained, and numbered in the same manner as such 
 allegations. If no dumurrer, plea, or answer be filed, and a 
 copy thereof served on the plaintiff's Solicitor within one montb 
 from such service, or if a Bill be filed for want of appearance. 
 
78 17® VICTORIES, A.B. 1854 [C. 18. 
 
 any Judge at atiy monthly sitting, may be moved on affidavit 
 of the facts, and on fourteen days notice given to the Solicitor 
 in case of app6arance,|and to the defendant if within the juris- 
 ^diction, in case of no appearance,] to take the said Bill pro 
 confesso, and the same shall be so ordered without fiirther 
 order or proof, unless the defendant produce the certificate of 
 the Clerk, that an appearance, or answer, as the case, may be, 
 has been filed before motion made ; and the Judge may, on 
 cause shewn by affidavit, grant farther time to jtut in an 
 answer or demurrer, or for. the defendant to appear and plead. 
 
 8. If the defendant proceed to answer the said Bill, which 
 he may do whether reqnired or not, it shall be similar to the 
 Form (E), with such variations as in each case may be neces- 
 sary, and he may include therein any matter material to his 
 defence. Documentary evidence shall only be referred to in 
 the answer in the same manner as in the Bill, except it be 
 necessary in order fully to answer the interrogatories. No 
 demurrer or objection shall be permitted for want of parties 
 or of form ; but defects in any Bill, or in the form of any plea, 
 may be submitted to any Judge, who may order an amendment 
 if be deem it necessary, on such terms as to costs or otherwise 
 as he may think just. 
 
 9. The defendant in any suit may, after putting in a suffi- 
 cient answer, and within fourteen days after issue joined, 
 without any Bill of discovery, file interrogatories for the exa- 
 mination of the plaintiff on such points as shall arise out of 
 the defendant's answer, and for the purpose of proving the 
 same, a,nd disproving the plaintiff's case, and deliver a copy 
 thereof to the plaintiff's Soiicitor,- which shall be answered by 
 the plaintiff in like manner and under the same rules of prac- 
 tice, as defendants are bound to answer plaintiff's Bill. 
 
 10. Exceptions to the answer, or to the plaintiff's answer 
 to interrogatories filed as aforesaid, shall be submitted to a 
 Judge for determining as to their sufficiency, within fourteen 
 days from the service thereof, and if not the answer shall be 
 held good. 
 
 11. Impertinence in any of the proceedings in any equity 
 cause shall not be excepted to, but a Judge may, on applica- 
 tion, direct the costs incurred thereby to be paid by the party 
 introducing the same. 
 
C. 18.] 17" TICTORI^, A;D. 1854. 79 
 
 12. All answers, pleas, disclaimers, and examinations, shalF 
 be taken without commission or other formality than is required 
 in the swearing and filing of an affidavit ; and all returns to 
 commissions or other documents shall be engrossed on paper, 
 subscribed by the persons to whom directed, and delivered by 
 the Solicitor to the Clerk, enclosed in a sealed envelope ; 
 which may be opened by the Clerk, and used without proof of 
 such signatures. 
 
 13. All answers, pleas, disclaimers, examinations, declara- 
 tions, and acknowledgments, if made or taken out of the juris- 
 diction of the Court, may be taken and the oaths administered 
 as in cases of affidavits, and may be retui^ied in like manner 
 as in the last preceding Section ; of which, and of the names 
 Subscribed to the same, judicial notice shall be taken. 
 
 14. After the cause shall be at issue, and before proceed- 
 ing to proof or to hearing, any Juilge, on ton days notice by 
 either party, shall determine what allegations on both sides are 
 admitted by the pleadings, and shall direct the proof to take 
 place on the allegations not admitted ; and if the evidence be 
 taken in the usual manner before an examiner, the time for 
 that purpose shall commence to run from such direction. 
 
 15. All cases in equity may, after issue, and at the time 
 when the Judge shall settle the points admitted or denied by 
 the pleadings, bo ordered to be heard at such time as may be 
 appointed either by evidence taken viva voce in open Court 
 before the Judge at one of the monthly sittings, or at any Cir- 
 cuit Court where the majority of the witnesses reside, if the 
 parties desire the same, or the Judge shall so order ; and if at 
 any Circuit Court, such causes shall be entered at the foot of 
 the Common Law cases, and heard after the Jury is discharged, 
 the Clerk of the Circuits attending himself or by deputy. The 
 Judge may reserve his decision after full hearing of the case, 
 to be delivered at such time as he shall then or afterwards ap- 
 point. Subpoenas for attendance of witnesses in such causes, 
 may be issued by the Solicitors of the parties, and shall be 
 served and obeyed as heretofore in the Court of Chancery, 
 with such alterations in the form as may be required. 
 
 16. When evidence shall be taken before an examiner, or C 
 plaintifif proceeds after issue on evidence furnished by the an- | 
 swer, or the defendant on evidence furnished by the plaintiff's \ 
 
80 17* VlCTORIiE, A.D. 1854. [C. 181 
 
 Bill, or his answer to defeudant's interrogatories, it shall not 
 be necessary to move for publication { but on fourteen days 
 notice by either party, the -cause may be set down for hearing 
 at FrederJcton, and the evidence may be used, without deliver- 
 ing out copies thereof at suclj hearing. 
 
 17. Any Judge shall on the application of either of the par- 
 ties in any suit, a^ on good cause shewn, make an order fot 
 the production upon oath of such of the documents in their pos- 
 session or power relating to tbe matters in question in the suiti 
 and deal with the same when produced, as shall appear just; 
 but demand shall first be made of copies of the same or of por- 
 tions thereof, and b* shewn to have been refused. 
 
 18. Whenever an issue may be found necessary to aid the 
 Judge on the bearing, the same may be ordered by him, and 
 shall be tried, and be .subject to a new .trial, in the ordinary 
 manner in the Supreme Court. If it be necessary for the pur- 
 poses of an injunction to have the legal right of any party tried 
 forthwith, the application for the injunction shall be suspended, 
 and -the Judge may make an order requiring the Sheriff to 
 summon a Jury before him or some other Judge at a time and 
 place therein to be named, and such Jury sh&U be summoned 
 % the said Sheriff, and shall attend and try the said issue, and 
 witnesses may be subpoenaed, and all other necessary things 
 may be done in the same manner, and under the like penalties 
 and privileges as in cases of ordinary civil trials by Jury, with 
 the right to a new trial as in other cases. If the legal right or 
 title of the party seeking relief can be established under the 
 evidence, or if a case be required to be stated, for the opinion 
 ofthe Court, without the aid of a Jury, the Judge maydetermine 
 saeh right or title, or the point arising for such case, instead 
 of stating the same. And whenever any issue, or question of 
 law, may be determined according to the practice;, the Judge 
 shall proceed to the hearing ofthe said injunction, or the cause, 
 ns the case may be, and decree accordingly. In any of these 
 cases the Clerk or his deputy shall attend. 
 
 19. No defendant in any Equity suit shall be pecmitlied to 
 object for want of parties, in any case .to wbich the followi^^g 
 Rules extend :'— 
 
 Rule 1. — Any residuary legatee or next of kin maj, with- 
 out including the Femaining residuary legate^3« or next of kin, 
 
C. 18.] 17^ VICTORIA:, A.D, 1854. 81 
 
 ha>ve a decreefor the administration of the personal estate of 
 a deceased, person. 
 
 Rule, 2.^-ADy legatee interested in a legacy charged upon 
 re?il estate, and any person interested in the proiceeds of real 
 estate directed to be sold; may, without iiicluding any other 
 legatee, or person interested in the proceeds , of the estate, 
 have a decree for the administratictn of a deceased person. 
 
 Rule 3. — Any residuary devisee or heir may, without indu- 
 ing any corresiduary devigee, or co-heir, have the like decree. 
 
 Rule 4. — Any one of several persons fpr whqm a trust is held 
 under, any deed or instrument may, without including any 
 other of such persons, have a decree for the execution of the 
 trusts of the deed or instrument. 
 
 Rule 5,^— In all cases of suits fpr th? protection of property 
 pending litigation, and in the nature of waste, one person may 
 sue oQ'behalf of himself, and of ail persoqs having the same 
 interest. 
 
 Rule 6. — ^Any executor or trustee may obtain a decree 
 against any one legatee, next of kinj or person for whom a 
 tri^st is held, for the administration of the estate, or the execu- 
 tion of trusts. 
 
 Rule 7. — ^In all the above cases the Judge, if he shall see fit,, 
 may require any other person to be made a party to the suit, 
 and may give the conduct of the suit to such person as he may 
 deem proper, and may make such order, in any particular 
 case, as he may deem just, for placing the defendant on the 
 r«icord on the same footing in regard to costs as other parties 
 having a common interest with him in the matters in question. 
 
 Rule 8. — In all the above cases the persons who, according 
 to the practice of the Court, would be necessary parties to the 
 suit, shall be served with notice of the decree, and after such 
 notice they shall be bound by the proceedings in the same 
 manner as if they had been originally made parties to the suit, 
 and they may' by an order of course have liberty to attend the 
 proceeding under the decree; and any party so served may 
 within three months from such service apply to a Judge to add 
 to the decree. 
 
 Rule 9. — In all suits concerning real of personal estate 
 vested in trustees under a will, settlement, or otherwise, such 
 trustees shall represent the persons beneficially interested under 
 
 6 
 
82 17° TICTORIJi;, A.D. 1854. [O. 18) 
 
 the trust in the same manner and to the same extent as the 
 executors in suits concerning personal estate represent the 
 persons beneficially interested in such personal estate; and in 
 such cases it shall not be necess^y to make the persons bene- 
 ficially interested under the trusts parties to the suit with the 
 trustees or executors ; but the Judge may upon consideration 
 of the matters on the hearing, if he shall so think fit, order such 
 persons, or any of them, to be made parties. 
 
 20. The practice of setting down a cause for hearing merely 
 on an objection for want of parties is hereby abolished. 
 
 21. If if! any proceeding it shall appear to a Judge that any 
 deceased person interested in the matters in question has no 
 legal personal representative', he may either proceed in the 
 absence of any person representing the estate of such deceased 
 person, or appoint some person to represent such estate for 
 all the purposes of the proceeding, on such notice to such 
 person (if any) as the Judge shall think fit, either specially, or 
 generally, by advertisement in the Royal Gazette, and the 
 order so made by the said Judge, and any orders consequent 
 thereon, shall bind the estate of such deceased person in the 
 same manner in every respect 'as if there had been a duly 
 constituted legal personal representative of such deceased per- 
 son, and such representative had been a party to the pro- 
 ceeding, and had duly submitted his rights and interests to the 
 protection of the Court. 
 
 22. AH writings may be proved at the hearing, as well when 
 the evidence is taken by the examiner as in other cases, on 
 ten days notice thereof to the Solicitor of the opposite party, 
 whether it be necessary to cross-examine the witnesses thereto, 
 or otherwise; and whenever it may be necessary to save the 
 expense of witnesses* attendance to prove the same, they shall 
 be received in evidence on satisfactory proof by afllidavit at 
 such hearing, that copies thereof have been served on the Soli- 
 citor of the opposite party fourteen days before the day noticed 
 for hearing, and that no notice has been received seven days 
 before that day that such writings will be required to be proved. 
 
 23. Whenever the plaintiff shall be requiised to take any step 
 in the cause, a Judge on application by any defendant, whether 
 required to answer the Biltornot.fora dismission of the cause, 
 after fourteen days notice, may order the sanae, unless good 
 
G. 18.] 17® VICTORIA, A.D. 1854. 83 
 
 cause be shewn by affidavit to the contrary; and any mistake 
 by a party in followii)g the course of practice in any proceeding 
 of the said Court may be rectified by order of a Judge on pay- 
 ment of costs, if in his opinidn it shall advance the justice of 
 the case. 
 
 24. No suit in the said Court shall be dismissed by reason 
 only of the misjoinder of persons as plaintifis therein, but when- 
 ever it shall appear to a Judge, that notwithstanding the con- 
 flict of interest in co-plaintiffs, or the want of interest in some 
 of them, or the existence of some ground of defence aff^ecting 
 any of them, they or any of them may be entitled to relief, the 
 Judge shall have power togrant such relief, and to.modify his 
 decree according to the special circumstances of the case, and 
 for that purpose to direct such amendments as may. be neces- 
 sary ; and at the hearing, before such amendments are made, 
 to treat any one or more of the plaintifi^s as if he or they, were 
 a defendant ur defendants, in the suit, and the remaining or 
 other plaintiff or plaintiffs was or were the only plaintiff" or 
 plaintififs on the record; and where there may be a misjoinder 
 of plaintiff^s, and the plaintiff* having an interest sh^IIbave died 
 leaving a plaintiff on the record without an interest, the Judge 
 may at the hearing order the cause to stand revived, and pro- 
 ceed to a decision of the cause, if he shall see fit, and give such 
 directions as to costs or otherwise as may appear just. 
 
 25. Any Judge may adjudicate on questions arising between 
 parties interested in the property respecting which the questions 
 may have arisen, or where the property in question is com- 
 prised with other property in the same settlement, will, or other 
 instrument, without making the other parties interested under 
 the same settlement, will, or other instrument, parties to the 
 suit, and without requiring the whole trusts and purposes of 
 the settlement, will, or other instrument, to bte executed, under 
 the direction of the Judge, and without taking the accounts of 
 the trustees or other accounting parties, or ascertainingi the 
 particulars or amount of the property touching which the 
 question may have arisen; but if the application be fraudulent, 
 or for any other reason ought not to be entertained, no such 
 adjudication shall be had. 
 
 26. Whenever a demurrer will lie to a Bill for want of 
 equity, the Judge on the argument may, if the facts warrant, 
 
84 17" VICTORIA, A.D. 1854. [C. 19, 
 
 instead of dismissing the Bill, order the remedy as at common 
 law ; or be may make such other order as to proceeding therein 
 on the Common Law side of the Supreme Court, and for the 
 trial of the same, on such ternis as to payment of costs or 
 otherwise, as may appear to him just. 
 
 27. Every affidavit to be used in the said Court shaH be 
 divided into paragraphs, apd every paragraph shall be num- 
 bered consecutively, and as nearly as may be confined to a 
 distinct portion of the subject, and shall in every case be filed 
 after being used in- the Court. Copies of all affidavits andi 
 other writings used on any motion or petition, except in cases' 
 of injunction or petitions ex parte, shall be served on the oppo- 
 site party six days before being nsed, those in answer three 
 days, and any in reply, which shall be confined to new matter 
 alleged in such answer, one day, beyond which none shall be 
 allowed. 
 
 28. No suit in the said Cou>rt shall be open to the obgeettieiy 
 that a inerely declaratory decree or order is sought tliereby, 
 and it shall be lawful lor the Judge to make binding deeliara- 
 tions of right, withou>t granting eonset[uential relief. 
 
 29. No suit shall abate where the cause of aotioir stiall sur- 
 vive by the death of oneor more of the platnti^s, or deferidants; 
 but, upon stiggestioin of such death, to be entered by the 
 Solicitor on the Bill filed, the suit shall be allowed to proceed 
 without further change, in favour of or against the surviving 
 party, as the case may be ; and on the death of one or more 
 plaintiffs or defendants in any suit, where the cause of action 
 shall not survive, it shall only abate as to the persoB so dying. 
 
 30. Whenever it may be necessary to revive a suit 'by or 
 against the representatives of a deceased party, or on trans- 
 mission of interest or liability, no Kll o{ revivor, or su[)ple- 
 raental Bill shall be ubed, but the Judge may^ on motion or 
 petition, order that the same stand revived on such ternns as 
 may be just. 
 
 31. Any person claiming to be a creditor, or the next of kin, 
 or interested in the will of a deceased person, may ofbtaio as 
 of course a Sumimons (F) from any Judge, requtHng the 
 executor of such deceased person to shew cause why an order 
 should not be granted for tlie administration of the persoaal 
 estate^ or the real estate, when; the whole thereof is by devise 
 
C. 1&] 17* VIGTORIiE, A.©. 1854. 85 
 
 vested in trustees for sale and for receipt of tbe j-ents and 
 phaddce thereof| and upon affidavit of the due service of such 
 summons, xn on appearance of such executor, and affidavit 
 •of such other matters (if any) as such Jiidge shall require, he 
 may make the usAal order for the administTatjon of the estate, 
 with such variations as may be necessary, which order on 
 b^ittg filed with the Clietk along with the suinnions and afH" 
 davits," shall have the force of a decree t© the like effect made 
 on the hearing of a caiise between the parties^ and the same 
 may be granted to such one or more of t^ claimants^ or classes 
 <of 'claifnants, In case of appHcaitioin by diOSerent persons or 
 classed, and upon such terms as the Judge shall think fit. 
 
 B2. On making any decree the Clerk shall draw uf) and 
 submit minutes of the same to the Solicitors t>n both sides, 
 who may attend Itifae 'Clerk upon an appointment to be made 
 Iry bim, to settle the same. If any dispute S'hall arise as te 
 time matter idfisuTlidefcreej irhte Judge who heard tfee caiUse^haU 
 on apiplicatidn of either party finally determine such dispute. 
 Instead of enrolment of such dietcree lihe Citedc ishttll keep a 
 Bootk, iVi whieh he shall ewter an abstradtof the pleadings, and 
 airefereteoe to the evidence, together with the decree in full. 
 ®ut this eiMry shall not be made until after decision in any 
 vase xif aqaipieal, atid such appeal, ■as well -as an^appead from any 
 "Ordefi, sbail be madie within twenty days :fefter Abe decision of 
 the ciatise, unless a T«rm intervene, and then at such Term. 
 fi& ire-hea*iflg, Bill lof review, idr siupplemental Bill in the 
 n^nre <of such Bill, shall be permitted.; bnt ipewiy discovered 
 feets, or matters allowed on sucTi Bill of review, if stated in 
 the ttotifte^s^f appeal, may be heaird and determined on the 
 ^ppi^al as in cases of "^new trial. A certified copy of the entry, 
 ttw" of any pai*t tliereof, ora memiorial thereof, sihall beewidence* 
 idf'such dfecree, or of the part thereof required, either in Court, 
 or fer feg^stry in any Conniiy Hegistvycrf Beedie and WHls. 
 
 83. Evei'y appeal from any decree ®v order shall be by notiee 
 as in cases of new tt\eA, to be served on ijhe opposite party as 
 well as on t-iie Judge who made the same, and shall be heard 
 at the lie*t Terwi in the same manner, except that no prefvious 
 rale *hall be wecessary. 
 
 ^4. In eW)*y case (^appeal the pleadings, evidence, and all 
 fiapers 'as«d in any ^ta^e of the cause, togetlisc «rith the notes 
 
86 i7» VICTORIA, A.D. 1854, [CIS. 
 
 of the Judge who heard the same, or tried any issue therein, 
 shall be produced to the Court on the hearing of the appeal ; 
 from the decision of which no writ of error or appeal shall lie, 
 except to the Queen in Council. 
 
 35. Any appeal from a decision of any Judge of Probates 
 shaH be to the said Court, and such appeal, together with any 
 now pending, shall be conducted in the same manner, and on 
 the like principles, as if the case bad originated in Equity, sub- 
 ject only to the directions of the Act of Assembly rekting to 
 appeals from Probate Courts. 
 
 36. AH sales of real estate ordered by the Judge, shall be 
 conducted by any officer to whom the same may be referred by 
 the Judge, in the same manner as in sales on Bills of foreclo- 
 sure of mortgages. 
 
 37. All moneys subject to the control of the Court, shall be 
 paid into the hands of such pei-son' or body corporate, or be 
 vested in such securities, as any Judge shall from time to time 
 direct ; and all increase thereof shall be added to the principal, 
 and distribiited therewith to the person entitled to the same. 
 
 38. A decree directing the payment of money shall from the 
 time when a memorial thereof shall be registered in any 
 County where there may be lands of a party, bind such lands 
 in the same manner as registered common law judgments. 
 
 39. The Court shall have power to enforce performance of 
 its decrees and orders by Execution (G) against the body, or 
 the goods and chattels, lands and tenements (H) of the party 
 made liable to such decree or order, and with the like effect 
 as executions issued on the Common Law side of the Supreme 
 Court ; and no subptena for costs shall hereafter be allowed. 
 
 40. On any decree against any person out of the limits of 
 •the Province, a Judge may order process to compel the per- 
 formance of such decree, either by an immediate sequestration 
 of the real and personal estate of the party proceeded against, 
 or such part thereof as may be sufficient to satisfy the demand 
 of the plaintiff in the suit; or by causing possession of the 
 estate or effects demanded by the Bill to be delivered to faiiQ) 
 or otherwise, as the nature of the case shall require ; and may 
 likewise order the plaintiff to be paid his demand of the estate 
 so sequestered, according to the decree ; but the plaintiff shall 
 fir^t give sufficient security in a sum to be mentioned by the 
 
G. 18.] 17" VICTORIA, A.D. 1854. 87 
 
 Judgie, to abide such order touching the restitution of such 
 estate, ^nd payment of costs, as may be made in case of the 
 defendant's appearance in such suit. If the plaintiff shall 
 refuse or neglect to give such security, the Judge shall order 
 the estate to remain under the direction of the Court, by 
 appointing a receiver thereof, or otherwise, until the appear- 
 ance of the defendant, or such order shall be made therein as 
 shall be just. 
 
 41. If any decree shall be made as herein last aforesaid, 
 and the person against whom the decree may be, shall within 
 two years after the making thereof come into the Province, 
 within the knowledge of the plaintiff, he shall be served with 
 a copy of the decree within a reasonable time thereafter. 
 
 42. If any defendant against whoni such decree shall be 
 made shall within two years after the making thereof happen 
 to die without being served with a copy of the decree, his heir, 
 if such defendant shall have any real estate siequestered, or 
 whereof possession shall have been delivered to the plaintiff, 
 or if such heir shall have been a married woman, infant, or not 
 in his right mind, the husband, guardian, or committee of such 
 heir, or if the personal estate of such defendant be sequestered, 
 or possession thereof delivered to the plaintiff, his personal 
 representative shall be served with a copy of the decree within 
 a reasonable time after it shall be known to the plaintiff that 
 the defendant is dead, and who is his heir or representative, 
 and where he may be served therewith. 
 
 43. If any person served with a copy of such decree shall 
 not within three months after such service appear and petition 
 to. have the said cause re-heard, the decree shall stand abso- 
 lutely confirmed Rgainst the party served, his heirs and execu- 
 tors, and all persons claiming or to claim by, from, or under 
 him. 
 
 44. If any person served with a copy of such decree shall 
 within three months after such service, or if any person not 
 being served shall within two years next after the making of 
 such decree, appear in Court and petition to be heard with 
 respect to the matter of such decree, and pay down or give 
 security for payment of such costs as may be deemed reason- 
 able, the person so petitioning, his representative, or any 
 person claiming under him, may be admitted to answer the 
 
88 17^ VICTORIjffl, A.D. 1854. [^'i 18. 
 
 Bill exliiMted, and issue may be joined* and such other pi*d- 
 ceedings, decree, and execution ntay be had therein as might 
 biave been if the same party had originally appeared ; but if 
 no such petition shall be made, all siich parties ^hall stand 
 absolutely barred by such decree. ' 
 
 • 45. The practice of making deposits to answer costs on 
 ciertain proceedings in the Court is hereby abolished, and the 
 costs shall be allowed and taxed as in other cases' 
 
 46. The Forms in the Schedule to this Chapter, or to the 
 like effect, with the explanations^ shall be deemed the sam« as 
 if incorporated in the Sections to which they refer. 
 
 SCHEDULE OF FORMS. 
 
 (A) 
 
 Summon^. 
 
 Victoria, by the Grace of God, of the United Kingdom of Great 
 
 Britain and Ireland, Queen, Defender of the Faith, &c, 
 
 To 
 We command you, that within forty days after the servfce 
 of this Sumrtions on you, exclusive of the day of such service, 
 you do cause an appearaiice to be entered for you in our 
 Supreme Court at FrederieAon on the Equity side, in a suit 
 wheriein a Bill will be filed against you by [and another 
 
 or others] for [the foriseloSure and sale of certain iMrrtgtige 
 land and premises, or the specific performance of a certain con- 
 tract, or in the same brief manner for whatever maybe the 
 cmise i)f suit] and observe what our said Court shall direck in 
 this behalf, upon pain of such Bill being taken against you pro 
 eonfesso. — Witness , Chief Justice, at Fl-edericton, 
 
 the day of, &«. [day of issuing.] 
 
 D. L. R., Clerk. 
 
 (B) 
 
 Supreme Caurt, > A. B. Plaiatijf, and 
 
 Equity Side. > C J).. Defendant., 
 
 E. Fi Counsel for Plaintiff- 
 
 1. The plaintiff complains that by virtue of an indeiitui>e 
 duly registered [or as the doa/nnent may he,] dated the 
 dtay of A. D. 18 , and madie between [stating the pat- 
 
C. 18.1 iH" VlGtORIiE, A.D. 1854. 89 
 
 y 
 
 ties] he is a moMgagfee {or aisigHee of a mortgagee, deseribing 
 the date and consideration of the assigfUmrnt, or as the case may 
 ie»J of certain property therein comprised, Situate and desci'ibed 
 as follows : — [describe the property particularly'] for securing 
 the sum of £ ajnd interest, which said mb¥tgage, and a 
 
 bond given therewith, are now in his custody, (or as the case 
 may be.) 
 
 2. That thetimo of payment thereof has elapsed, and that 
 the defendant is entitled to the equity of redemption of the 
 said mortgaged jiremises. 
 
 3. The plaintiff the»refore prays to be paid the said sum erf 
 £ {whaieoer may be dtce'] alid interest, with the costs of 
 this suit, and in» default thereof, that the equity of redemption 
 roay be foreclosed, the mort^g^sd premises sold, and the pro- 
 duce thereof applied in payn^^ntof hissaid debt and costs, and 
 for th(^t purpose tQ have all proper directions given and accounts 
 taken. 
 
 A. B. ![the Plaintiff.'] 
 
 The above named , the plaintiff, was on the 
 
 day or , A. D. 18 sworn to the truth of this Bill before 
 
 me. 
 
 G. H. tlomMssioner, fyc. in Equity. 
 
 (C) 
 Order of Injunction. 
 
 Supreme Court, ) Between] ^- g' ^T^F' f"^ 
 
 Equity Side, i (CD. defendant. • 
 
 Before His Honor Mr. Justice , the day 
 
 of ,A. D. 18 . 
 
 To Mr. C. D. the above Darned defendant, his workmen, 
 labourers, servants, and agents. 
 
 You and each of yfiu are liereby strictly enjoined and com- 
 liianded under ifhe penalty of £1000 'to be levied on your lands, 
 goodls, and chattels, and also of impri^onndt^nt, to desist hencer^ 
 ibrth altd^dther fend absoltrtely from felling or cutting down any 
 timber, or other trees standing, growing, or being in or upon 
 the premises situate afad described as Follows '.-^[describing 
 them as in the Bill, or according to the circumstafices] and from 
 c({ntiinitting w doing hny other or further waste or spoil in or 
 
90 17® VICTORIA, A.D. 1854. [C. 18. 
 
 upon the said premises, or any part thereof, until order shall 
 be made to the contrary. 
 
 By order of the Court, (or in case of emergeneif, Given under 
 my hand the day of , A.ID. \S .}. 
 
 D. L. R., Clerk. =i , Judge, &fC. 
 
 (D) < 
 Interrogatories for answer. 
 
 In the Supreme Court, ) tj . C A. B. Plaintiff, and 
 
 Equity Side. 5 *»etween ^ j. jj jj^f^ji^ant. 
 
 Interrogatories for the examination of the above named defen- 
 dant in answer to the plaintiff's Bill of complaint. 
 
 1. Has not a mortgage bieen made, given,*and duly regis- 
 tered to , 'of the date, for the sum, and on the premises 
 in the said Bill mentioned, and has not an assignment thereof 
 been made to the plaintiif of the date and for the consideration 
 therein mefitioned, or some other and what dates, sums, and 
 premises respectively? 
 
 2. Has, not the time of payment thereof elapsed, and is not 
 the defendant entitled to the equity of redemption of the said 
 mortgaged, premises ? 
 
 &c. &c. &,e. 
 
 [Nani.e of Counsel} 
 
 (E) 
 Answer. _. -f 
 
 In the Supreme Court, ) „ ( A. B. Plaintiff, and 
 
 Equity Side. 5 between ^ ^ ^ Defendant. 
 
 E. F. Counsel for Defendant. 
 
 Th^ answer of C. D. the above named, defendant, to the Billof 
 
 complaint of the above named plaintiff. \ I 
 In answer to the said Bill, I, C. D- say as follows : — \ \ 
 
 1. I admit that the mortgage in the Bill and interrogatones 
 mentioned has been made, given, and duly registered as therein 
 stated (or as the case may he), and the assignment has also been 
 made as in the said Bill mentioned. 
 
 2. I admit the time of payment has elapsed, and that I am 
 entitled to the equity of redemption in the mortgaged premises. 
 
 Sworn, &c. {^Defendanfs name.] 
 
C.181] 17® VICTORIA:, A.D. 1854. 91 
 
 (F) 
 
 In the Supreme Court, 
 Equity Side. 
 
 Itl'the matter of the Estate of late of the Parish of 
 
 , in the County of , deceased. 
 
 A. B. ^ 
 against > 
 C. D. V 
 
 Upon the application of , who claims to be a creditor 
 
 on the estate of the above named , Let the 
 
 executor of the said attend at my office in (or at 
 
 my dwelling house), on the day of , at of the 
 
 clock in the , and shew cause, if he can, why an Order 
 
 for the administration of the personal estate of the said 
 should pot be granted.— Dieted, &c. , 
 
 , . ., ,; Judge in Equity. 
 
 Note.- — If the above named do not attend either in 
 
 person, or by his Solicitor, at the time and place above men- 
 tioned, such Order will be made in his absence as the Judge 
 may think just. 
 
 This Summons was taken out by J. K. the Solicitor for the 
 above named 
 
 (G) 
 Executidn against the tody, Sfc. to enforce Order or Decree. 
 
 Victoria, &c. 
 To the Sheriff of 
 
 Whereas by a certain Order {or Decree) lately made in our 
 Supreme Court in Equity in a certain cause there depending, 
 wtierein A. B. is plaintiff and C. D. defendant, It was ordered, 
 (or decreed) that the said defendant should pay to the said 
 plaintiff the sum of , (or should convey to the said plain- 
 
 tiff, ifc. axertain piece of land described as follows : or a certain 
 ship or vessel called the , , or deliver certain property, as 
 the case may be, describing it as in the Decree) as by the said 
 Order (or Decree) remaining as of record in our said Court 
 will niore fully appear.* Therefore we command you that you 
 take the said defendant, and him safely keep in your custody 
 
92 170 VICTOHIJE, A.D. 1854. LC- 18* 
 
 until the said sum of be paid to you for the said plaintiff, 
 
 {or until the said land, or vessd^ -^c. be conveyed according to 
 such Decree), and if the said defendant shall not within one 
 month from such arrest, make the conveyance aforesaid, you 
 are hereby commanded to take and give possession of {such 
 land, vessel^ or property,] to the said plaintiff; and make 
 return hereof when fully executed. — Witness J. C, Chief Jus- 
 tice, at Fredericton, the day of A.-D.IB {daytjf 
 issuing]. 
 
 D. L. R., Clsrh. 
 
 (H) 
 
 Execution against Goods and Chattels. 
 Victoria, &c. 
 To the Sheriff of 
 
 Whereas &c. [as in the last pirtt6^ng form, to the asterisk?''] 
 Therefore ^e command you that of the goods and chattels, 
 lands and tenements of the said defendant, you cause to be 
 made the sum of for the said plaintiff, and make return 
 
 hereof when fully executed. — Witness fcc. \as before in last 
 form.] 
 
 D. L. R., Clerh. 
 
 Chapter 3. 
 Of Proceedings an a Reference. 
 
 Section. Section. 
 
 1. Reference, wlien made. 6 Accouitts thereon, Aoie bS^toot._ 
 
 3. What Summons or Warrant required. 7. Objections, how to proceed thereon. 
 
 3. When and how to proceed on Reference. 8. Exceptions to rc;p(m, iiow to .proceed 
 
 4. Bxamidations, how to be taken thereon. thereon. 
 
 -S. Accounting parfies, how to proceed 9. 'Sujipoenas, 'how iaaned^ 
 thereon. 
 
 1. A Reference may be made by a Judge, on the applicatifbtl 
 of either party, to any Barrister, or to any scientific person or 
 accountant, not interested, for any enquiry. or othter purpose^ 
 and the persol; so specially appointed, on being sworn, shatl 
 thereupon become for that purpose an officer of the Court. 
 
 2. No summons or warrant shall be issued by any officer on 
 a reference other than to require the parties to proceed, which 
 they shall do forthwith, if required by the officer, with power 
 of adjournment, and, on omission to adjourn, with power to 
 proceed on notifying the parties. 
 
C. 18.]j ir* TICTORIiE, A.D. J854. 93 
 
 S. If the party €«btainiB.g a decree or decretal order direct- 
 ing a reference, shall not within one month from the time of 
 settling the same, proceed therewith before the officer named 
 therein, or if any unnecessary delay take place on any refer- 
 ence, either party, or the officer, may be ordered by a Judge 
 on good cause shewn, peremptorily Jo proceed with the same, 
 on such pain of dismissal of the cawse, or excluding further 
 proof, or payment of costs, or ordering the return of the offi- 
 cser's proee«d'ings and a new reference, as he may deem right. 
 
 4. No interrogatories shall be filed on a reference, commis- 
 sion of partition, or the like, but the examinations shall always 
 be viva voce by question and answer. 
 
 5. Accounting parties shall in all cases be required to file 
 with the officer, on oath, a debtor and credito^r account, unless 
 the plaintifi* rely on the schedules to the answer. In either 
 case be may supply by additional accoHrtt and proof any omis- 
 sions of the defendant,, and the ofiicer shall proceed thereon 
 without requiriflg a charge from the plaintiff or a discharge 
 from the defendant, unless no disi^harge should accompany the 
 schedules. An,y omissions may also Ije supplied by the defend- 
 ant. Each party may be examin«d on oath for or against his 
 own or the opposite party's account. The books or writings 
 of either party, or of any person or party represented by him, 
 or under whom he claims, may also be used in evidence for or 
 against the party producing them, the officer reporting as to the 
 nature of the evidence, when objected to, and the credit due 
 to it. 
 
 6. No person shall be required to prove his account, or any 
 part thereof, until the opposite party shall specify the objec- 
 tionable items, and deny on oath their correctness, and where 
 there are accounts of deceased persons, or of those under 
 whom any party claims, the denial of the representing party 
 shall be to the best of his knowledge and belief, except where 
 he may Iiave personal knowledge of the transactions. If the 
 party refuse so to specify and deny, the officer shall pass the 
 accounts on the oath or examination of the party producing 
 tjhem. 
 
 7. AH objections on a reference shall be made and argued 
 at the time of presenting the proof, unless postponed for fur- 
 ther consideration, and when deeided, shall be briefly noted in 
 
94 n'' VICTORIA, A.D. 1854; [C. 18. 
 
 the officer's report, and no exceptions grounded thereon shall 
 afterwards be filed with him or argued. 
 
 8. Exceptions to the report shall be delivered to the opposite 
 party within fourteen days after notice of the signing thereof, 
 and if the parties cannot agree upon the evidence from which 
 any objection may arise, the officer shall furnish a copy thereof 
 to the party requiring the same, or he may be compelled so to 
 do, on the order of a Judge. On application to a Judge on 
 motion or petition to confirm the report, or upon fourteen days 
 notice to the opposite party by the party objecting, the excep- 
 tions shall be heard and decided, without reference back to the 
 officer, unless the case require further investigation by him ; 
 but in no case shall a reference back to the officer be ordered, 
 when the defective matter can be supplied by direct investiga- 
 tion of the Judge. 
 
 9. The Solicitors of the parties may issue subpoenas for the 
 attendance of any witnesses, with or without the production of 
 writings, before any officer authorized to take any examinationj 
 without an authority from him, on being signed and sealed by 
 the Clerk ; and for any disobedience of any witness thereto,^ 
 or for refusing to answer lawful questions before the officer, a 
 Judge may grant an attachment against such witness, and un- 
 less good cause be shewn, may order liim to be committed on 
 such attachment, or make such other order as may be reason- 
 able. 
 
 Chapter 4. 
 Of Infants and Guardians, 
 
 Section. Section. 
 
 I. Guardian for Infant, how appointed. 6. Infant, when deemed a Ward of the' . 
 
 "2. Infant seized in trust, how to convey. Court. ' *^~'' 
 
 3. Specific performance of contract, how 7. Sale not to alter the kind of property. 
 
 compelled by Infant. 8. Conveyance, what evidence. 
 
 4. Sale or disposal of Infajit's lands, how 9. Officer's report as to Guardians, how cPa- 
 
 effected. firmed, and recognizance filed, &o. 
 
 5. Conveyance of, when valid, and report 10. InwhatcaaesGuaraiansmaybeappointed 
 
 required. without reference. 
 
 1. A guardian may be appointed for the defence of an infant 
 in any suit in the said Court, on petition of the infant, and 
 proof by affidavit of his signature freely given, together with 
 the consent of the guardian written thereon, and proved in 
 like manner. If the infant be not of sufficient age to write, his 
 
C.18.] 17° VICTORIA, AD. 1854; 95 
 
 name may be subscribed to the petition by one of his nearest 
 relations. 
 
 2. Whenever any infant shall be seized or possessed of any 
 lands, tenements, or hereditaments, by way of mortgage, or iq 
 trust only for others, any Judge, on petition of the guardian of 
 such infant, or of any person interested, may by order enable 
 and compel such infant to convey the same to any other person 
 as may be. therein directed. Every conveyance made pursu- 
 ant to such order shall be as effectual as if made by such infant 
 when of lawful age. 
 
 3. Any Judge, on petition of the executor of the estate of 
 any person who may have died before the performance of any 
 contract made by him in his life time, or of any person inte- 
 rested in such contract, and on hearing the parties, may com- 
 pel the specific performance thereof by any infant heir, or other 
 person. 
 
 4. An infant seized of real estate, or entitled to any term of 
 years in any lands, may by his next friend or guardian, peti- 
 tion a Judge for an order to sell or dispose of the said property, 
 who shall proceed in a summary way on affidavits to enquire 
 into the merits of such application, and if the disposal of such 
 property or any part thereof be necessary for the support of 
 such infant, or for his education, or if the interest of the infant 
 will be substantially promoted by such disposal, on account of 
 any part of his said property being exposed to waste or dilapi- 
 dation, or being wholly unproductive, or for any other reason- 
 able cause, the Judge may, on the filing of a bond by such 
 guardian or next friend, or other person approved by the Judge 
 in case he be not already a lawfully appointed guardian, with 
 such sureties and in such form as shall be directed, order the 
 letting for a term of years, the sale, or other disposal of such 
 real estate, or interest, by such guardian or next friend, in such 
 manner and with such restriction as shall be deemed expedient, 
 but not in any case contrary to any last will or conveyance by 
 which such estate or term was devised or conveyed to such 
 infant. 
 
 5. All sales, leases, and conveyances, made in good faith 
 by any guardian or next friend in pursuance of such order, 
 shall be as eflFectual as if made by such infant if of full age, 
 and it. shall not be necessary in the conveyance to recite any 
 
96 17* VICTORIA, A.D. 1854. [C. 18. 
 
 part of the proceedings required by this Chapter, but the same 
 shall briefiy refer to the order, and the sale, leasing, or other 
 disposal of such property. The officer making the sale shall 
 file a report thereof with the Clerk. 
 
 6. Upon any order for the sale of any property being made 
 as aforesaid, the infant to whom the same shall belong shall 
 be considered, so far as relates to such property, a Ward of 
 the Court, and any Judge may make such order for the invest- 
 ment, disposal, and application of the proceeds of such pro- 
 perly, and of the increase and interest arising therefrom, as 
 shall secure the same for the infant's, benefit. 
 
 7. No sale made as aforesaid shall give to such infant any 
 cthor or greater interest or estate in the proceedsof such sale 
 than he had in the estate so said. 
 
 8. Every conveyance made under the above provisions, duly 
 acknowledged, or proved, and registered, shall be evidence that 
 all the proceedings on which the same is founded were rightly had. 
 
 9. On petition, or motion without petition, to confirm the 
 officer's report, the same may be confirmed accordingly, and 
 the recognizance to be taken on the appointment of any guar- 
 dian shall be filed with the Clerk, and be subject to such orders 
 touching the recovery of the amount, or any part thereof, in 
 case of any breach of the same, as a Judge shall think fit. 
 
 10. In cases where it is made to appear on affidavit that 
 the whole property of an infant does not exceed one thousand 
 pounds, and the nature, description, and value of the property, 
 real and personal, shall be specifically set forth in the petition, 
 together with the names of the infant's relatives, a guardian 
 may ber appointed on the presentment of the petition with an 
 affidavit of its truth, without reference, if the Judge to whom 
 the same is presented shall think fit so to order. 
 
 Chapter 5. 
 Of the Foreclosure of Mortgages. 
 
 Section. Section. 
 
 1. Decree for foreclosure and sale of mort- 6. Subsequent incumbranceB, when part not 
 1 premises, how obtained, and due, how to proceed. 
 
 proceedin^ithi^eori. 7. Foreclosure without sMe, pMceedings 
 
 9. Conveyance thereon, how to be made,. thereon. 
 
 and widi whai effect. 8. When'th« morte^ge-tnone^ (halVbeptid 
 
 ^. Proceeds of sale, how to be applied. at any time, Ito^ to be dii^cjmiged on 
 
 *. Payment, whe*' to Slop foreclosure. Eegistr^. . . m. ^■ 
 
 5. If ^ale ordered of whole of mortnged 
 
 premisss, and any initalraenthoidae, 
 
 bow. to proceed. 
 
C. 183] 17® VICTORIiE, A.D. 71854. 97 
 
 1. Whenever a Bill, sjiiall be, filed in the Sqpreme Court in 
 Equity for the foreclosure and ,sale of mortgaged premises, any 
 Judge .shall have power to decree a sale of the same, or such 
 part thereof as may be sufficient, to discharge the amountjdue 
 
 .on the mortgage with the costs of suit, and on fourteen days 
 notice given to the opposite party, which may, be included in 
 the notice of he,aring, shal] , proceed to assess the, amount due 
 on siich mortgage, whereupon an order shall be made requiring 
 an officer, to be appointed as aforesaid, tp proceed to the sale 
 of the mortgaged premises decreed . to be sold, reciting such 
 premises and stating the amount found due; and the said 
 officer shall advertise such sale at public auction irt one or 
 more of the public Newspapers pf the County where the 
 
 .premises are situate, or if no Newspaper be published in such 
 County, i|i the Royal Gazette, for npt less than three months 
 prior tp the day of sale, and by,pri|]t6,d handbills, one of which 
 shall be posted up at the .Court House, one at the Registry 
 Office, and one in some public place in the Parish where the 
 lands are situate, specify iqg in such advertisement the time 
 and some public ^place for such . sale, and then and .t;here may 
 sell or cause the same to be sold to the highest bidder. If the 
 officer shall; find it necessary for want orpurchaser? or other 
 good cause to postpone such sale, the postponement shall l?,e at 
 least for one month,, and shall be noticed during that time at 
 the foot of the former advertisement or otherwise as the said 
 officer may think proper, and so on in case of any subsequent 
 postponement; but nothing herein. shall prevent an order of 
 reference in the case of long or complicated accounts respect- 
 ing such mortgage ; and when the officer shall ascertain the 
 amount due, he shall; jproceesd to the sale in the manner herein 
 before directed, subject to any order of a Judge which may be 
 made respecting the same. 
 
 2. Immediately upon such sale- the said officer shall execute 
 in his own name as such officer, and deliver to the purchaser, 
 a conveyance of the.Jand so sqld, ,,which conveyance sb^U 
 briefly refer to the said decretal order, the advertising, and the 
 
 ; sale,.andljheQ prpcCied to convey the same tP the said purchaser, 
 which cpnveyanpe shall vest in the purchajser. the, same estate 
 as WQuld have vested in the mortgag^^i if the equity of red^Oj^p- 
 tion had beeiir foreclosed, and such deqd shall be a.bar.^g^ainst 
 
 7 ■'■■■' '■ 
 
98 17® VICTORTiE, A.D. 1854. [C. 18. 
 
 all parties to the suit in which such decree was made, and all 
 claiming under them ; and every such conveyance, duly 
 acknowledged or proved and registered in the Registry Office 
 of the County where the lands lie, shall be evidence of the 
 execution, and that all the proceedings on which snch convey- 
 ance was founded were rightly had. 
 
 3. The proceeds of every sale made under the decree afore- 
 said shall be applied to the discharge of the debt and costs, 
 and if there be a surplus it shall be brought into Court for the 
 use of the person entitled thereto, subject to the order of any 
 Judge, to be made on petition or motion and affidavit, with 
 production of the mortgage or other securities, and notice to 
 other parties interested, or otherwise, as may be ordered. 
 
 4. When any suit shall be brought for the foreclosure and 
 sale, or foreclosure alone of any mortgage, the defenrlant may 
 paj to the plaintiff at any lime before sale or foreclosure abso- 
 lute, the principal and interest with costs, and thereby termi- 
 nate the suit ; but if a decree of sale or foreclosure shall have 
 passed, and any further amount may thereafter be due thereon, 
 the same shaH stand as a security for such further sum, and 
 upon any subsequent default of payment, may be enforced by 
 the further order of a Judge for the sale or foreclosure of the 
 mortgaged premises, as the case may be, or of snch part 
 thereof from time to time, as shall be necessary, nntil the 
 amount secured by the mortgage and the costs of the proceed- 
 ings therein shall have been fully satisfied. 
 
 5. If it shall appear to a Judge, that the sale of the whole 
 mortgaged premises will be most beneficial to the parties, the 
 decree shall be entered accordingly, or the Judge, if a reference 
 be ordered, may direct the same to be ascertained by the 
 officer, when the proceeds shall be applied as well to the pay- 
 ment of the amount due with the costs, as towards the residue 
 not due at the time of sale; and if such residue do not bear 
 interest, the Judge may direct the same to be paid with a 
 deduction of the legal interest for the time daring which such 
 residue shall not be due. 
 
 6. Where subsequent incumbrances affect any mortgaged 
 premises which may be sold under decree, the residue of the 
 proceeds remaining after the discharge of the first mortgage, 
 shall be subject, under the order of a Judge, to such subsequent 
 
C. 18.] 17» VICTORIA, A.D. 1854, 99 
 
 incumbrances according to their priority, whether the same be 
 due or otherwise, and to the like deduction of interest as in 
 the last preceding Section. 
 
 7. When any foreclosure shall be decreed, the order for the 
 same shall allow such time for the payment of the money due, 
 with interest and costs, as the Judge shall direct, not to be less 
 in any case than three months, the amount of principal and 
 interest up to the time of payment to be ascertained by him 
 as in the case of a foreclosure and sale, and on non-payment 
 of the amount so found due with the costs, and proof thereof 
 by affidavit, any Judge on motion or petition may order the 
 decree of foreclosure to be made absolute, unless on good 
 cause shewn by affidavit and previous notice to the plaintiff, a 
 Judge may order a further extension of the time for payment 
 of the money due, in which case such extension shall be 
 allowed on such terms as may be prescribed, and so on as 
 often as may be deemed necessary. 
 
 8. When the principal and interest of any mortgage, toge- 
 ther with the costs (if any) shall be paid by the mortgagor or 
 any person claiming under him, whether the same shall be 
 in suit or otherwise, a Judge may, on satisfactory proof by 
 alRdavit of such payment, and on hearing the opposite party, 
 order the mortgagee or person receiving the money to enter 
 satisfaction in the Registry Office where registered, or sub- 
 scribe and acknowledge a certificate in discharge thereof, such 
 entry or certificate having been first demanded at the cost of 
 the applicant and refused, and may also award costs to such 
 applicant, or prescribe such other terms as the Judge may 
 think just. If the party disobey such order, the Judge, on 
 proof thereof by affidavit, shall direct the Registrar of Deeds, 
 at the cost of the party applying, to enter the satisfaction in 
 the same manner as if done by the party himself, and to enter 
 the order in the registry books referring to the said satisfaction. 
 
 Chapter 6. 
 Of Partition of Lands. 
 
 Section. Section. 
 
 1. Partition of lands, how to be ejected. i. Partition, how to be made where interests 
 
 2. How; if infant be of party. minute. ' ' ^ 
 
 3. Commissioners, how to be appointed. 5. Decree of Partition, how to pass title. 
 
100 17® VICTORIA, A.D. 1854. [C. 18. 
 
 1. The partitibn of lands, tenements, and hereditaments, 
 held in co-'parcenary, joint tenancy, or tenancy in common, shalt 
 be effected by the Supreme Court in Equity. 
 
 2. If in anyi proceeding for alpartition, an infant be a party, 
 any Judge may appoint a guardian for such infant. 
 
 3. On the order for a Commission in partition, the Judge 
 shall appoint three disinterested Commissioners to make the 
 partition, subject to any reasonable objection by either party. 
 
 4. When from the minuteness of the parties' interests in the 
 estate the Commissioners may find it difficult to make a bene- 
 ficial partition thereof, they may sell the same by portions or 
 otherwise at public auction to the higl^st bidder, giv'iHg not 
 less than one month's previotis notice in a Newspaper of the 
 County where the; land lies, or if none bei published there, in 
 
 ^e Royal Gazette, and convey the same to the purchaser ; and 
 they shall forthwith make return of their doings, v^ith their 
 opinion as to the value of the several portions directed to be 
 partitioned, to enable the Judge on the confirmation of the 
 return to decree tbeipayment of; the several shares ^tfMrdmg 
 to the proportions so certified. The conveyance made accord- 
 ing to the provisions of this Chapter ghall be valid notwithstand- 
 ing any defects, in the return of the Commissioners, and vfbeD 
 acknowledged or proved, and roistered in the Registry Office 
 of the County, the same, or a copy thereof as in other cases, 
 shall be evidence: that all the proceedings on vi'hicfa such con- 
 veyance is fdurided were rightly had. 
 
 5. The detree of a Judge whereby any portion of lands held 
 in co-parcenary, joint tenancy, or tenancy in common, shall be 
 
 ;decreed in severalty, shall transfer to such co^parcenfer. Joint 
 tenant, or tenant 'in common, all' the right, title, and ihterest 
 
 ■ of the other parties interested therein, as vrellin&nts and mar- 
 ried women, as others rbeing parties to suchiproceedings ; bat 
 a memorial of subh. decree shall be made and registered. 
 
 ' Chapter 7. 
 Of the B)epmloP^iatwtes. 
 
 Section. '^Section. 
 
 ' 1. ' Aiiti i^tSta&dtSiy repealed. 2. ' 'W\ifa Ma Act (o cbUie into '6j}&ii&eii, 
 
 - Schedule-. 
 
€.18.]J 17*T^ICT0RIjE, A.D. 1854. 101; 
 
 1. Tiie following Acta .off A^sfinibly, passed in the several 
 years of the respective! Reigns hereinafter t^entioned, shall be 
 repealed as soon as this Act comes into operation : — 
 
 48 a. 3, c 2. An Act for making Process in Courts of Equity 
 effectual against persons who reside out of this Pro- 
 vince and cannot be served tfierewilh. 
 
 50 o. 3, c. 1. An Act to authorize thje Sheriff, or other executive 
 officer serving Process at the Parish of Saint Mar- 
 tins, to convey any prisoner there arrested to the 
 Gaol in the City of Saint John by way of the public 
 road leading through part of- King's County. 
 
 siMJ. 3,.«. 19. All Act to amend-an Act-intituled An A(:t to pro- 
 vide for the moreeasy^partiiionyofLtands, in CorPar-f 
 cenary, Joint Tenancy, and Teftaitt^ in Common. 
 
 3W. 4,e. 19. An Act in addition to an Acttfor. mjaking Procesf I 
 in Courts, ofc Equityi effectual! agninst persons whQi 
 reside out of this. Province and; cannot be served j 
 therewith. 
 
 s v.c. 8. An Act to authorize thejapppintnaentof a Masters 
 
 of the Rolls to the. Court of Gbaaeersr) in this Pro? 
 vince^ a^dtto proxidafor 8UC^:oS«en 
 
 aiv. C.S8. An Act to: authorize, the sale; of Msorjigsgedi Pre- 
 m(S0s>byithe^ Court, of Chancery, and directing th^ 
 application, of 1:he pisoceede th^ereof^ 
 
 ■s'.v.csa. An. Act relating to the sale and dj^posjtionjof th^j 
 Real Estate of Infants;; 
 
 mv. c.<3s. An Act for the improvement of the; Practice, in the 
 Court of Chancery; 
 
 it v.^. M. An Acti relating, to the>psrt.iMiPn ofitandfi,, Tenet 
 tnents, and- Hereditaments, held in Co- Parcenary, 
 Joint Tenancy, and- Tenancy in ConjjinCtQ. 
 
 «v.<.-37. An Act in amendment :of the Act relating to, tfe|§ 
 appointment o^a Jifiaster.of the Rolls in the Cou^t. of 
 Chancery. 
 
 30 V. (» 39. Aq Act tp siBipli%,the.pcac<efidings ii| the Court of 
 Chancery ia certain ca^«S; 
 
 2. This A-ct shall cqme into oipjeiatifm qn the firfjl) 4^ of. 
 September in.th« year, of our liar<^o».e,thoi^andieigI^jh!IPfij:e|[| 
 send fifty four. 
 
102 17» VICTORIA, A.D. 1854. [C. 18. 
 
 SCHEDULE. 
 TABLE OF FEES. 
 
 First — Examiner, or other officer. 
 
 Second — Clerk. 
 
 Third — Solicitor. 
 
 Fourth — Counsel. 
 
 Fifth — Sergeant-at-Arms. 
 
 Sixth— ShevW. 
 
 Examiner, or other Officer, 
 Summons, - - - . -£020 
 
 Copies of all writings before the Examiner or other 
 officer, per folio, - - . _ 
 
 Report or certificate on hearing, - - - 
 
 If above ten folio, for every additional folio, 
 Rieport or Certificate on petition or motion. 
 If exceeding five folio, for every additional folio, - 
 Every recognizance, per folib, - - . 
 
 An examination fee for each person, 
 Every exhibit signed by an Examiner or other 
 
 officer, every person shewn to, each - 
 Every exemplification examined by said Examiner, 
 Preparing and executing conveyance of land, 
 For every folio in the conveyance above ten folio. 
 Preparing advertisement of sale of land,' or any 
 other purpose, - .- ' - "^ 
 
 Attending a public sale under his direction. 
 Examining and settling a conveyance to be exe- 
 cuted by another; - - - 
 Swearing a witness, i - r- ■ - 
 Appointing time and place for fais examination, .- 
 Taking interrogatories and depositions, per folio, - 
 Certifying the examination, - - - 
 Swearing a party to bill, answer, or other pleading, 
 Short attendance on summons, - 
 Attendance over one, not exceeding two hours, - 
 Attendance over two howrs, not exceeding four 
 hours, _ _ - - . 
 Every recognizance taken by him, 
 
 
 
 
 
 6 
 
 1 
 
 
 
 
 
 
 
 1 
 
 6 
 
 
 
 10 
 
 
 
 
 
 1 
 
 6 
 
 
 
 1 
 
 6 
 
 
 
 3 
 
 
 
 
 
 1 
 
 6 
 
 
 
 3 
 
 
 
 1 
 
 3 
 
 4 
 
 
 
 2 
 
 
 
 
 
 5 
 
 
 
 1 
 
 3 
 
 4 
 
 11 
 
 8 
 
 
 
 1 
 
 
 
 
 
 1 
 
 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 
 
 
 
 6 
 
 8 
 
 13 
 
 4 
 
 1 
 
 
 
 
 
 
 
 3 
 
 6 
 
0,18.]' 
 
 17» VICTORIA* A.D. 1854. 
 
 103 
 
 2 
 
 2 3 
 
 1 
 
 I 
 
 Clerk. 
 
 Drawing and entering all orders and rulesj per folio, £0 
 Filing and entering any bill, answer, or other 
 
 pleading, - - - - - 
 
 Filing every report or other paper, - - 
 
 Copies of all orders and reports, per folio, - 
 
 Drawing and engrossing on parchment, and copy- 
 ing on paper, same fee as Solicitor for the 
 like services. 
 Signing every copy of affidavit, - - - 
 
 Do certificate, - - - - 
 
 Setting down a cause for hearing, or on motion _ 
 
 paper, - -' - 
 
 Every decree and dismission, _ . _ 
 
 Every search, - - _ - . 
 
 Entering attachments, for each person, - 
 
 Do. of all amerciaments, - - - 
 
 Do. appearances,- _ . . 
 
 Signing and sealing any process, - - - 
 
 Every paper read in evidence, . . _ 
 
 Taxing a bill of costs, - - - - 
 
 Solicitor. ; 
 
 Retaining fee iti' each cause, - - _ 
 
 Drawing bill, answer, plea, demurrer, or other 
 writing, not otherwise provided for, per folio, 
 
 Engrossing, per folio, on parchment, 
 
 Copy, per folio, - - - . _ 
 
 Fee for each t€rra, only four allowed. 
 
 Attending to get petition answered, 
 
 Do. Court on every common motion. 
 Do. do. do. special motion, 
 
 Copy of every order, per folio, 
 
 Serving the same, - - . . 
 
 Attending the Court on every hearing or argument. 
 
 Abbreviating bill, answer, or other proceeding, per 
 folio, ..... 
 
 Every process, ..... 
 
 Every copy, - _ . _ . 
 
 Attending Clerk on every decretal order, 
 
 
 
 1 
 
 
 
 
 
 2 
 
 3 
 
 
 
 1 
 
 
 
 
 
 5 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 6 
 
 
 
 1 
 
 
 
 
 
 2 
 
 
 
 
 
 1 
 
 6 
 
 
 
 
 
 6 
 
 
 
 3 
 
 6 
 
 15 
 
 
 
 1 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 6 
 
 
 
 5 
 
 
 
 
 
 6 
 
 8 
 
 
 
 3 
 
 4 
 
 
 
 6 
 
 8 
 
 
 
 
 
 6 
 
 
 
 3 
 
 4 
 
 15 
 
 
 
 
 
 
 
 4 
 
 
 
 5 
 
 
 
 
 
 2 
 
 6 
 
 
 
 6 
 
 8 
 
£0 
 
 1 
 
 
 
 3 4 
 
 
 
 6 8 
 
 104 lf«^VI($TORIiE, A^I^i 1854. fO. 18^ 
 
 Serving all papers, - - _ - 
 
 Attendio^Examiner to file any charge or discharge, 
 
 Do on sammons or. adjournment^^ - ■ ■. - 
 
 W,or all other- services the like fees as are allowed 
 
 to Attorneys on.the Common Law side of the 
 
 Supreme Court,, 
 Postage actually incurred. 
 The Solicitor General, to have one foufth more in 
 
 cases that concern the Crown. 
 
 Counsel. 
 Retaining fee, - - - - -100 
 
 Perusing and signing bill, ahsV^ier, plea, diemurrer, 
 or other special pleading, interrogatories or 
 exceptions, - - - - - 1 § 
 
 Every motion of course, - - - - 10 
 
 Every special motion, - - - - 15 
 
 Arguing every j)lea, demurrer, or other special 
 matter before the Court or on the hearing, fee 
 at the discretion of the Court. 
 Attending the examination of, and examining each 
 
 witness, - - - - -050 
 
 Counsel fees on special, matters, where their 
 assistance is necessary and not otherwise pro- 
 vided for, at the discretion' of the Court, on 
 the ExaiQin^rf Si certificate. 
 
 Sergediit^at-Arms. 
 
 
 
 I'akihg a prisoner into custody, - 
 
 - 13 
 
 4' 
 
 Mileage, per mile, . . - 
 
 - 
 
 3 
 
 Serving summons to attend an Examiner, 
 
 - 1 
 
 
 
 Do. process, - - - - 
 
 - 2 
 
 6 
 
 Poundage, as on process at Common Law. 
 
 
 
 iSJieriff. 
 
 
 
 The same as at Common Law. 
 
 
 
C. 19.J! 17c VlCTORIiE, A;,D; 1854. 105 
 
 GAP. XIX'. 
 
 J^n-,Acttqieg\i\a.te the-Gircuit G ourts,; and Courts, of Oj^r 
 and Terminer, and Sittings after Term. 
 
 Sectiaitr . ; S«e«ion. 
 
 1. CoqrtgofNiBiFriusibrthii several Coon- 6. Adjournment of snel) Courtn. 
 
 ties.- and po^KrJers.' 7. 0£&cers«to. attend thereon; and other pro- 
 
 2. Times of holding same. ' ceedings. 
 
 3. Courts of Oyer- 8*3 TiMriiher for thB-' 8J Proefeeding«, hbw dealt with on adjouiiir. 
 
 same, and ppwprs. ment. 
 
 4.' Hbw. opening regulated;; 9: Acts'and parts- of - Acta inconsistent, re- 
 
 5^ Bitting^ for York,. who to be Cleric of,: pealed.^ 
 
 Passed ht Mat/ JS5i. 
 
 Beit enacted^ ifc. — -1, There shall haSittingafbr, the County 
 of York, and Circuit Courts;for erery County in the Froyince, 
 at which a^ Justice of the Supreme Court shall preside, and 
 where issues joined iq.the Supreme Court shall be tried, and 
 also where all manner of crimes and oiFences, shall be lizard, 
 enquired into, tried,> determined,^ and punished,, without any 
 Commission. 
 
 2. The said Courts shall be holden ip.t|i«;,8ereral Counties 
 at the follQwIr^ periods only : — 
 
 In the County of York, on the third Tuesday in February, 
 and fourth Tuesday in June. 
 
 In the City and County of Saint John, on the second Tues- 
 day in:Blay,. and the first, Tuesday in November; and there 
 shall be no Circuit Court held in and for the said- City and> 
 County during the month of May one thousand eight hundred 
 and fifty four. 
 
 In th& County of Charlotte, on the fourth Tiie&day in April, 
 and the Tuesday next after the fourth Tuesday in October. 
 
 In the County of King's, on the second Tuesday in July. 
 
 ,ln the County of Queen's, on the first Tuesday in Marcbr 
 
 In the CojUrnty of Albert, on the. third Tuesday in July. 
 
 In the County of Westmorland, on the fourth Tuesday in 
 July. 
 
 Tn the County of Kent, on the Tuesday next after the fourth 
 Tuesday in July. 
 
 In the County of Gloucester, on the, first Tuesday in Sep- 
 tember. 
 
 In the County of Northumberland, on the second Tuesday 
 i% September. 
 
 In t4ie County of parletoo, on the l^st Tuesday in Septem- 
 ber. 
 
106 17« VICTORIiE, A.D. 1854. [C. 19. 
 
 In the County of Siinbury, on the last Tuesday in February. 
 In the County of Restigouche, on the last Tuesday in August. 
 In the Couiity of Victoria, on the Wednesday before the last 
 Tuesday in September. 
 
 3. Special Courts of Oyer and Terminer and General Gaol 
 Delivery may be held when necessary in any County, with the 
 same powers, privileges, incidents, and duties in all respects as 
 to, crimes and offences, as the several Courts provided by this 
 Act, for which purpose a Commission shall be issued as is 
 now the practice. 
 
 4. The several Courts shall be opened and commence at the 
 time prescribed therefor, and continue as long as may be ne- 
 cessary for the dispatch of business. If it should happen from 
 any unadvoidable cause that a Court should not be opened on 
 the day appbinted therefor, the same may be done on the fol- 
 lowing day, unless it be a day of public rest, then on the next 
 succeeding day ; but all proceedings shall be as of the first 
 day, and relate thereto. AH parties, witnesses, jurors, and 
 other ministers of the law, shall attend, and be bound by the 
 same penalties in all respects as if the Court had been opened 
 at the proper time. 
 
 5. The Clerk of the Crown in the Supreme Court shall be 
 Clerk of the Crown and of Nisi Prius at the Sittings for the 
 County of York. 
 
 6. When it may be necessary to finish the business, the pre- 
 siding Judge may adjourn any of the said Courts to a future 
 day, though a Term oflhe Supreme Court intervene, and though 
 in case of a Special Court, trie time limited by the Commission 
 expire. 
 
 7. All parties, ministers of the law, j"urors and witnesses 
 summoned, shall, if required by the presiding Judge at the 
 time of adjournment, attend such adjourned Court, or new 
 juries may be drawn and summoned to attend, and be charged 
 with the like pains and penalties for any misdemeanor or default 
 at such adjourned Court, as at the first Court, but no witness 
 in a civil cause shall be liable to any proceeding for non-attend- 
 ance, unless duly served with a subpoena to attend such ad- 
 journed Court, aud his expenses be paid or tendered. 
 
 8. The record and proceedings shall in all respects be dealt 
 with as if they were expressed to be returnable at the Term 
 
C. 20.] 17= VICTORIiE, A.D. 1854. 107 
 
 next following the adjourned Courts, and no new cause shall 
 be entered for trial. 
 
 9 All Acts and parts of Acts inconsistent with this Act, are 
 hereby repealed. 
 
 CAP. XX. 
 
 An Act to amend the Law to regulate proceedings before 
 Justices of the Peace in Civil Suits, as relates to Cor- 
 porations. 
 
 Section. Section. 
 
 1, Repeal of Section, and autiiority to 2. Mode of proceeding. 
 Justices to sue Corporations. 
 
 Passed \st May 1854. 
 
 Be it enacted, ^c. — 1. So much of the provisions of the second 
 Section of an Act made and passed in the fourth year of the 
 Reign of His late Majesty King William the Fourth, intituled 
 An Act to regulate the proceedings of Justices of the Peace in 
 Civil Suits, as exempts from the jurisdiction of Justices of the 
 Peace, actions against Corporations, except Banking and 
 Insurance Companies, is hereby repealed, and Justices of the 
 Peace shall have the like jurisdiction over all Corporations, 
 except Banking and Insurance Companies, as are given by the 
 said Act in other cases. 
 
 2. All the proceedings against such Corporations shall be 
 by Summons in the form required by the said Act, and shall 
 be served on the Mayor, Warden, President, Head Officer, 
 Secretary, Treasurer, or the accredited Agent or Officer of 
 any Foreign Company transacting business withift the Province. 
 
PUBLIC ACTS 
 
 UNREPEALED BY THE " REVISED STATUTES." 
 
 8th Victoria — Chapter 1. 
 
 An Act relating to certain Landsbelonging to Her Ma- 
 jesty, and for vesting the Title to the same in the Prin- 
 cipal Officers of Her Majesty's Ordnance Department. 
 
 'Section. Seictibn. 
 
 1. Lands, howand what veatefl- in Ord- 3. How Titles received, cqnreyances and 
 nance Department. actions made and brouglit. 
 
 '^S. Wliat dther'Lail^s. 4, Limitation of Ordnance Title. 
 
 Passed lith Febnmrt/ 1845. 
 
 Whereas divers Messuages, Lands, Tenements, Estates, 
 
 and other Hereditaments in this Province, have at various 
 
 times been set apart from the Crown Reserves and Estates, 
 
 arid placed under the chaJrgeof the Officersof the Department 
 
 of Her Maje.sty's Ordnance, or of the Governor or Lieutenant 
 
 'Oovernor respectively for the time being, for Military Defence : 
 And whereas divers other Messuages, Lands, Tenements, 
 Estates, and other Hereditaments in this Province, have at 
 various times been purchased for the use of the Department 
 of Her Majesty's Ordnance, or for Military Defence, and have 
 been conveyed to, or to several different persons in trust for. 
 Her MajiJsty, and Her Royal Predecessors, and Her and 
 their Heirs and Siiccessors, and the same have been placed 
 under the charge of the said Department, or of the' Governor, 
 Lieutenant Governor, or Commander of Her Majesty's Forces 
 
 ' in this Province : Arid whereas it may be expedient that such 
 parts of the said Messuages, Lands, Tenements, Estates, and 
 other Hereditaments as may not be wanted for the service of 
 the said Department, or for Military Defence, should from 
 time to time be sold and disposed of; And whereas for 
 
 : effecting such sales it is necessary that all and every the said 
 Messuages, Lands, Teriements, Estates, and other Heredita- 
 ments so already set apart, or placed under charge, or par- 
 
 i chased, or used and occupied by or for the service of the said 
 Ordnance Departtnent, arid all other Messuages, Lands, Tene- 
 
110 UNREPEALED ACTS. [8 V, C 1 
 
 ments, Estates, and other Hereditaments that may be hereafter 
 purchased, or set apart, or in any manner used and occupied 
 by or for the service of the said Department, should be vested 
 in the Principal Officers of Her Majesty's Ordnance for the 
 time being ;-^ 
 
 Be it therefore enacted, Sfc. — 1. Immediately from and after 
 the passing of this Act, all Messuages, Lands, Tenements, 
 Estates, and other Hereditaments, which have been heretofore 
 set apart from the Crown Reserves and Estates, and placed 
 under the charge of the Officers of the said Ordnance Depart- 
 ment, or of the Governor, or Lieutenant Governor, or Com- 
 mander of Her Majesty's Forces, respectively, for the time 
 being, for Military Defence, or which have been heretofore 
 taken or purchased by, or in the name of, or by any person or 
 persons in trust for Her Majesty or Her Royal Predecessors, 
 and Her or their Heirs and Successors, for the uses or ser- 
 vice of the Ordnance Department, or for Militai'y Defence, or 
 which have been used or occupied for those services (by whatever 
 mode of conveyance the same shall have been so purchased or 
 taken) either in fee, or for any life or lives, or any term or terms 
 of years, or any other or lesser interest, and all erections and 
 buildings which now are, or which shall or may be hereafter 
 erected and built thereon, together with the rights, members, 
 easementSjand appurtenances to the same respectively belong- 
 ing, shall be and become and remain and continue vested in the 
 Principal Officers of Her Majesty's Ordnance in Great Britain, 
 for the time being, and their successors in the said office, accord- 
 ing to the respective nature and quality of the said Messuages, 
 Lands, Tenements, Estates, and other Hereditaments, and 
 the several estates- and interests of and in the same Heredita- 
 ments respectively, in trust for Her Majesty, Her Heirs and 
 Successors, for the service of the said Ordnance Department, 
 or for such other Public Service or Services as the said 
 Principal Officers, or their successors in the said office, shall 
 from time to time order and direct. 
 
 2. From and after the purchase and conveyance, grant 
 or demise, or taking thereof, all other Messuages, Lands, 
 Tenements, Estates, and other Hereditaments which shall at 
 any time or times hereafter be purchased, or by any other 
 mode obtained by the Principal Officers of Her Majesty's Ord- 
 
8 V. C 1] UNREPEALED ACTS. Ill 
 
 nance for the time being, or by any other person or persons 
 by their order, or be placed under their charge for the service 
 of the said Ordnance Department, and all erections and build- 
 ings which shall then or which may be hereafter erected and 
 built thereon, with the rights, members, easements, and appur- 
 tenances to the same respectively belonging, by whatever mode 
 of conveyance, either unto, or in the name of, or in trust for. 
 Her Majesty, Her Heirs and Successors, or howsoever other- 
 wise the same shall be purchased or taken, shall in like man- 
 ner be and become and remain and continue vested in the 
 said Principal Officers of Her Majesty's Ordnance for the 
 time being, by the style and title of the Principal Officers of 
 Her Majesty's Ordnance in Great Britain, and their successors 
 in office, according to the nature and qualities of the said Mes- 
 suages, Lands, Tenements, Estates, and other Hereditaments, 
 and the several and respective estates and interests of and in 
 the same respectively, in trust as aforesaid. 
 
 3. The said Principal Officers of Her Majesty's Ordnance 
 in Great Britain for the time being, by the style and title 
 of the Principal Officers of Her Majesty's Ordnance in 
 Great Britain, shall be able and capable to accept, receive, and 
 obtain Title to any Lands that may hereafter be granted or 
 otherwise conveyed to them for the purposes aforesaid, and 
 again in the same style and title to convey the same as they 
 may find necessary for the purposes aforesilid, and also in the 
 same style and title to bring and maintain any action of tres- 
 pass or ejectment, or other action at Law or in Equity, for, of, 
 or concerning any the Messuages, Lands, Tetiements, Estates, 
 and other Hereditaments hereby vested or hereafter to become 
 vested in them, under and by virtue of the provisions of this 
 Act. 
 
 4. Provided always, that nothing herein contained shall be 
 held or be construed to confer upon, or vest in the said Prin- 
 cipal Officers, by the title aforesaid, any greater or better 
 estate or interest in any Lands in this Province than was 
 vested in and remained in the Crown, or in any person or 
 persons in trust for the Crown, at the time of the passing of 
 this Act. 
 
112 UNEEPBALED ACTS. [9 V. C 153 
 
 9th Victoria — Chapter >73. 
 
 An Act relating to an exchange of Lands in Fredericton 
 with the Ordnance Department. 
 
 Section. Section, 
 
 '1. Wliat Lands in'Fredericton Ordnance 3. ^Wtiat Lands of Crown re'ated in J^^li- 
 
 may enclose. ces, and bow. 
 
 S. How vested in Ordnance, and for what 4. Suspending clause. 
 , purposes. 
 
 Passed I4th Jpril 1846. 
 
 Whereas it is desirable thatgreater facilities should be 
 afforded for the accommodation of Her Majesty's Troops in 
 the City of Frederieton, and it is agreed to surrender certain 
 unenclosed Public Lands in the said City, i|i; consideration Jot 
 certain other Lands now held by the Ordnance Department 
 being vested in the Justices of the Peacein and, for the County 
 of York, for the use of the said City ; — 
 
 Be it therefore enacted, fyc. — 1. From and after, the passing 
 of this Act, it shall and may be lawful for the Principal 
 Officers of Her "Majesty's Ordnance in 6reat Britain for 
 the time being, their agents and servants, to enter upon, take 
 possession of, enclose, retain, and enjoy, for Military uses, all 
 that certain parcel and tract of vacant public land, lying and 
 being in front of the present Military Blocks in thesaid City, 
 and lying between the said Blocks and the >Rivjer Saint Johg, 
 bounded on the upper or northwest side by a line running 
 east by the magnet from the northern corner, of the fence 
 enclosing Block B, and also all that part of Carleton Street 
 lying between Queen Street and the River, and to enclose the 
 same with fences, walls, gates, and other erections, and to erect 
 a wharf or wharves at the Public Landing, as heretofore 
 reserved at the terminus of Carleton Street ; reservingi never- 
 theless, the Public Landing at the termination of Regent 
 Street, from the easterly corner of the present enclosure of the 
 " Officers' Parade," so called, extending upwards along .the 
 line of the said enclosure two hundred and thirty iSve feet, and 
 thence at right angles down to the River ; and also reserving 
 to the public a right., of way on the. said land,. between, the 
 I edge of the bank and low water mark, for persons on fopt.,and 
 with horses, carts and wagons, except when such v?lmrf or 
 wharves shall be erected as aforesaid ; and provided that suf- 
 ficient gates be put up on the present line of Carleton Street, 
 
32 G. 3, C 9] UNREPEALED ACTS. 113 
 
 to form a communication with the River, which are to be 
 always opened to the public in case of fire in the said City ; 
 and further provided, that nothing herein contained shall 
 extend or be construed to extend to authorize the said Princi- 
 pal Officers of Her Majesty's Ordnance, or their successors, 
 to interfere with the free navigation of the said River, and the 
 right of approach to the shore in front thereof, by boats, vessels, 
 or other craft, in any other way than by the erection of a 
 wharf or wharves as aforesaid. 
 
 2. From and after the passing of this Act, the above des- 
 cribed lands and premises, subject to the exception before 
 mentioned, shall be, and become, and remain, and continue 
 vested in the Principal Officers of Her Majesty's Ordnance in 
 Great Britain, for the time being, and their successors in the 
 said office, in trust for Her Majesty, Her Heirs and Successora, 
 for the service of the said Ordnance Department, or for such 
 other Military service or services, as the said Printsipal Officers, 
 or their successors in the said office, shall from time to time 
 order and direct. 
 
 3. From and after the passing of this Act, the following 
 tracts and parcels of Land, now held by the said Principal 
 Officers of Her Majesty's Ordnance Department for Military 
 irees, that is to say, all thosfe six several lots and parcels of 
 Land in Block number three, and all that other piece and 
 parcel of Land called and known as the " Hospital Lot," and 
 fronting partly on Westmorland Street, shall be, and they are 
 hereby vested in the Justices of the Peace for the County of 
 York, and their successors, for and in trust for the use, benefit, 
 and advantage of the inhabitants of the City of Fredericton. 
 
 4. That this Act shall not come into operation or be in force 
 
 until Her Majesty's Royal ajjprobation be thereunto first had 
 
 and declared. 
 
 [This ^ct was spicialli/'cmfi^tned, ratified, and finally enacted, by an Order of 
 Her f^ajestyin Council dated the. \st day of August 1846, and published and 
 declared m tlie Province the 9lh day of September 1846.] 
 
 32nd George 3rd — Chapter 9. 
 
 An Act to restrain all persons that may be concerned ia 
 the collection of Impost Duties, from owning any Vessel, 
 or trading or dealing in Dutiable Articles. 
 
 8 
 
IH UNJIEPEALEJ? .ACTS, [6 V, C ^ 
 
 Section 1. — ^What Hevenue O^een not permitted to trade, Stc. 
 
 Be it enacted, &fc. — 1. Frpm and after the passing of this 
 ^cff neither the Treasurer of the Province, nor aiiy of his 
 Peputies, nor any person or persons concerned in the cotlection 
 of any Impost Duties ma^^e payable by any Act or Acts of 
 Assembly, shall own any vessel or vessels/ or any share or 
 shares in any vessel or vessels, trading to and from aiiy Port 
 or Ports in this Province, or shall trade or deal, direcjtiy or 
 indirectly, in any article or articles made dutiable by any such 
 Act or Acts, under the penalty of fifty pounds, to te recpvejed 
 by Ijill, plaint, or information, in the Supreme Court; pf this 
 P'rovince,j and of being forthwith dismissed from his or their 
 office and offices. 
 
 6th VicTORiAr— Ch^ter 2. 
 
 An Act to amend an Act intituled An Act to prmMe for 
 . Jbhe payment of Interest on Warrmits which are not paid 
 at the Treasury on demand. 
 
 Section. l.-^Wtien Interest to be paid on WarrantAk 
 
 Passed 2%th March 1843. 
 Whereas doubts have arisen w^hetber uoder the provisioo? 
 of an Act made and passed in the fourth year of the Reign af 
 His late Majesty Kipg William the Fourth, intituled An Act 
 to provide for the payment of Interest on Warrants which are 
 not paid ^t the Treasury on demand, i^^ is lav^fiil for the Trea- 
 surer of the Province to pay any Ipteceat due on Warra,nts> 
 paiyment of which has been demanded, unless the Warrant 
 itself shall be paid at the same time }-r— 
 
 . Be iit therefore enacted, fyc. — ^1. It shall and may b^ Javirfut 
 fpr the Treasurer to pay to the bolder or holdejTs of W*»rrant 
 or Warrants, all sums of money which may be due upon sucb 
 Warrants for Interest upon the same, although the principal 
 of such Warrants cannot be paid for want of funds in the Trea- 
 sury; and also the Interest to become due upon all Warrants, 
 semi-annually, on the first day of June and the first day of 
 December in every year, until, such Warrants are paid. 
 
8 V. C 44] UNREPEALED ACTS. 115 
 
 2d Vigtoria-^Chapter 44. 
 
 An Act to provi,de for the prompt payment of all demands 
 upon the Provincial Treasury. 
 
 Section. Section. 
 
 1. Treasurer i^ay make agreement for ad- 4. !Rate of Interest. 
 
 ' vanced, what and ^ow. 5. Treasurer's liability, how absolved. 
 
 S. Tenders therefor. ' ' ' ' 6. Ijimitadon. 
 
 3. After agreement, where public moneys to 
 be lodged. , - ■ m 
 
 tfass^dpi 'M^rch 183,9. 
 
 Whereas it is deemed adtrisable to emjjower the Treasurer 
 for the time being of this Province, to enter ipto agreement 
 with one of the Banks or Banhin^Gpmpanies, or any Branch 
 thereof, now established in the City of Saint John, for ad- 
 vancing to him the said Treasurer, upon the credit of the 
 Province, such sum or sums of money as may be required frain 
 time to time for the public service; — 
 
 Beit therefore enacted, Sfc. — ^1. It shall and may be law- 
 ful for the said Treasurer for the time being, and he is 
 hereby authorized and required to receive Tenders from any 
 suoh Bank, Banking Company, or Branch thereof, in the said 
 City of Saint John, as may be willing to advance such sum or 
 sums of money as aforesaid; and it shall be the duty bf the said 
 Treasurer, within thirty days after the pgissing gi this Act, to 
 give public notice by advertisement in at least two of the 
 IViewspapers published in the said .City, that such Tenders 
 will be reaeiired by him at any time or times on or before the 
 first day of June next. 
 
 (2. It shall be itheduty of the said Treasurer forthwith 
 after the said first day of June next, to .submit such Tenders 
 as shall have been received by him, to His Excellency the 
 Lieutenant Governor orCommander in Chief for the time being, 
 who shall and may, by and with the advice and consent of Her 
 Majesty's Excuiive Council, signify to the said .Treasurer his 
 approval of such Tender as may be deemed most beneficial 
 fqr the public interest; and the said Treasurer shall thereupon 
 forthwith accept the said tender and enter into the agreement 
 accordingly, and such agreement shall contain such stipulations 
 for carrying into effect the object thereof, according to the true 
 intent and meaning of this Ae^,as the said Lieutenant Governor 
 or.Camma,nder in Chief for the time >being, with the advice 
 ai^d consent of the said .Executive Council, shaU direct, and 
 
H6 • UNREPEALED ACTS. [12 V. C 20 
 
 shall be expressied to he made with the Queen's Majesty, Her 
 Heirs and Successors. > 
 
 3. As soon as any such agreement shall ,be entered into 
 for the purposes aforesaid, it shall be the duty of the said 
 Treasurer to deposit with the said Bank, or Banking Company, 
 or Branch thereof, so contracting, all the public moneys which 
 from time to time shall come into his possession or control; 
 and the said Bank, Banking Company, or Branch thereof, shall 
 not at any time be in advance to the said Treasurer in a sum 
 exceeding thirty thousand pounds. 
 
 4. No contract or agreement as aforesaid shall be entered 
 into by which a higher or greater rate of interest than five per 
 centum per annum shall be agreed to be paid or allowed 
 for any sum or sums of money to bo advanced to the said 
 Treasurer under the provisions of this Act. 
 
 5. The said Treasurer for the time being shall not be 
 charged or chargeable for any failure or default in performance 
 on the part of the said Bank, Banking Company, or Branch 
 thereof, of any agreement or contract so to be entered int», 
 nor for any loss or damage that may arise from any act, matter, 
 or thing, lawfully done or suffered by him under the provisions 
 and according to the true intent and meaning of this Act; 
 provided always, that for any thing done or suffered by him, 
 not authorized by this Act, the said Treasurer shall be liable 
 to all intents and purposes in the same manner as if this Act 
 had not been made. 
 
 6. This Act shall continue and be in force until the first 
 day of June which will be in the year of our Lord one thousand 
 eight hundred and forty one. 
 
 12th Victoria — Chapter 20. 
 
 An Act farther to continue an Act to provide for the prompt 
 payment of all demands upon the Frovincial Treasttry. 
 
 Section 1. — Continuance of Act* 
 
 Passed 271/1 March \8i9, 
 .Whereas in and by viirtue of the provisions of an Act 
 made and passed: in the second year of the Reign of Her 
 present Majesty, intituled An Act to provide for the prompt 
 
15 V. C 45] UNREPEALED ACTS. 117 
 
 payment of all' Semands upon the Provincial Treasury, a 
 certain agreement was made^and entered into by and between 
 the Treasurer of the Province and the Bank of New Bruns- 
 wick, for the purposes of the said Act, which has been con- 
 tinued to the present time : And whereas the aforesaid Act 
 will expire on the first day of April which will be in the year 
 of our Lord one thousand eight hundred and fifty, and it is 
 considered advisable to continue the provisions thereof under 
 certain conditions ; — 
 
 Be it therefore enacted, ^c— 1. An Act made and passed 
 in the second year of Her Majesty's Reign, intituled An 
 Act to provide for the prompt payment of all demands upon 
 the Provincial Treasury, be and the same is hereby continued 
 for the further term of five years from the first day of April 
 which will be in the ytfar of our Lord one thousand eight 
 hundred and fifty; and that the Treasurer of the Province be 
 and he is hereby authorized and empowered to continue the 
 agreement at present existing witb the said Bank of New 
 Brunswick, during the continuation of this Act; provided 
 always, that no greater rate of interest than five and one half 
 per centum be hereafter paid on the said agreement. 
 
 15th Victoria — Chapter 45- 
 An Act to reduce the Fees on Militia Comtnissions. 
 
 Section 1, — Fees on OomlniBsions, how reduced. 
 
 Passed 26th April \%5Q'. 
 
 Whereas it is deemed advisable to reduce the Fees now 
 payable on Militia Commissions ; — 
 
 Be it therefore enacted, ifc- — 1. From and after the pas- 
 sing of this Act, there shall be charged and paid the follow- 
 ing and no other Fees for Commissions to Officers of the 
 Militia, in lien of the Fees now authorized to be paid under 
 and by virtue of any Ordinance heretofore made and passed in 
 this Province, namely: — Field Officers, twenty shillings; 
 Captains, ten shillings; Subalterns, five shillings. 
 
118 UNREPEALED ACTS. [6 W'. 4, 6 W 
 
 6th William 4th— Chapter 14. 
 
 Ah Act to i^rovide for Repbkiti^ and Publishing; thfe De- 
 cisions of tlr6 Snprfenie Court. 
 
 Soction. Section. 
 
 1. Decitioiit; by whom to be reported. 3. ^ti»t imouiit to receive iroib Treasury. \ 
 
 S. Copyright, to whom secured. 4. Limitation. 
 
 Passed Sth March 1836. 
 
 Whereas it is an object of great jmportance to obtaiQ 
 correct Reports of the Decisions of the Supreme Court in 
 cases heard and determined in the saidpourt; — 
 
 Be it therefore enacted, Ifc.—^l. His Excellency the Lieu- 
 tenant Governor or Commander in Chief of this Province 
 for the time being, by and with the advice of His Maj«^y's 
 Executive Council, is hereby authorized to appoint some suit- 
 able person learned in the law,, to be a Reporter of the opinions, 
 decisions, and judgments which may from time to time be 
 given, made, and pronounced by the Supreme Court of Judi- 
 cature in this Province, or the Judges thereof in, upon, or 
 respecting causes pending, or that may bereafter be pending 
 therein; and it shall be the duty of such Reporter, by his 
 personal attendance, or by aqy other means in his power, to 
 obtain true and authentic repArts of such opinions, decisions, 
 and judgments ; and such Reporter shall publish not less than 
 two hundred copies of the same in Pamphlets aftor each Term 
 of the said Court. 
 
 2. The sole liberty of printing iand reprinting, arid piib- 
 lishing such Reports, shall be and the same is hereby vested in 
 and secured to the author and compiler thereof, his heirs and 
 assigns ; dnd if any person ^h^ll print, reprint, or publish ahy 
 such Reports, without the consent of the author and compiler 
 or proprietor thereof, he shall be liable to an actioA on the cEtie, 
 at the suit of isuch proprietor^ in whibh action such proprietor 
 shaill recover double the damflig^s he may have sustained by 
 any such infringemebt of the eopyrifght hereby secured to him£ 
 
 3: In addition to any profits that may ariee from the 
 publicatidn and sale of such Reports, such Reporter shdil re- 
 ceive annually from the Province Treasury thb sum of fifty 
 pounds, to be paid by Warrant of His Excellency the Lieutenant 
 Governor or Commander in Chief for the time being, on the 
 jsertificate of the Chief Justice of the said Court that such Re- 
 
13 V. fc IS] UNREPEALED ACTS. 11^ 
 
 pdrter has diligently performed the duties by this Art required 
 of him for the year for which such allowance may be claimed. 
 4. This Act shall be and continue in force for three years 
 and no Ibiiger. 
 
 13th Victoria — Chapter 12. 
 
 An Act to continue an Act to provide for Reporting and 
 Pttbliishihg the Decisions of the Supreme Court 
 
 Section 1. — Continuation of Act. 
 
 Pimed Wih Jpril 18S(i; 
 Beit enacted, ^c. 1. — An Act madfe and ^ssed in th* 
 sixth year of the Reign of His late Majesty King William the 
 Fourth, intituled An Act to ptovide for teporting and publish- 
 ing the Decisions of the Supreme Court, be and the same is 
 hereby continued and declared to be in force until the first day 
 of May which will be in the year of our Lord one thoUsatnd 
 eight hundred and 6?ty &ve. 
 
 l5th Victoria— Chapter 85. 
 
 An Act for establiishing a Tender in all payments to be 
 made in this Province, and for consolidating and amend- 
 ing the Laws relating Co the Currency therein. 
 
 Secti«qn. . , , Siection. _, 
 
 I. Unit of Account, what to be. Proviso. 6. Importing coins, how provided far. 
 
 %. United States eagle, what coinage and 7. Other British silver coins in c^r<Mi^tidn, 
 
 weight u tender. when a tender; and wheb cireulation 
 
 3. What British gold coins, and how to bis may be stopped. 
 
 a tender ; and what sums tendered 8. Provisions of Act, how extevided^ to C^i- 
 by weight. minal Law. 
 
 4. How coins may be strack, A;c., for Pro- 9. ^ter^r^tation- 
 
 viricial currency. Limit as to silver 10. Repeal of Acts. !Reservation. 
 .^nd-fopper.<;oifiB. 11. Suspending clajise. 
 
 5 Repealed. ^ 
 
 Passed 7t?t Ap-til 18'52. ■ 
 Se it enacted, ^c. — 1. The unit of account in this Prorince 
 shall be the pound, equal to twenty shillings currency^of the 
 present currency, and shall be such that the pound sterling, a^ 
 represented by the Britisb sovereign of the weight and fin^ne^i^ 
 now fixed by the law of the United Kingdom of Great Britain 
 and Ireland she'll be equal to, and any such British sovereign 
 shdfl be a legal tender for one pound four shillings and four 
 piinbe diiWency ; {ii-bVided always, that all siiifris of'taonfe^ arid 
 
120 UNREPEALED ACTS. [15 V. C 85 
 
 accounts maybe legally mentioned, described, and stated either 
 in dollars and decimal parts of a dollar, or in the present cur- 
 rency. . '. 
 
 2. The eagle of the United States coined after the first day 
 of July in the year of our Lord one thousand eight hundred 
 and thirty four, and before the first day of March in the year 
 of our Lord one thousand eight hundred and fifty two, and 
 weighing ten pennyweights eighteen grains troy, shall pass 
 and be a legal tender for two pounds ten shillings currency. 
 
 3. The gold coins of Great Britain and Ireland, or of the 
 United States coined before the day last aforesaid, being mul- 
 tiples or divisions of those hereinbefore mentioned, and of pro- 
 portionate weigfatj shall for proportionate sums pass current 
 and be a legal tender to any amount bytale, so long as such 
 coins shall not want more than two grains of the weight here- 
 by assigned to them respectively, dedficting one half penny 
 currency for each quarter of a grain any such coin shall want 
 of such weight; provided always, that in any one payment 
 above the sum of fifty pounds, the person paying may pay or 
 the person to receive may insist on receiving the said British 
 gold coins by weight, at the rate of ninety four shillings and 
 ten pence currency per ounce troy ; and in like manner any 
 sums tendered or to be received in the gold coin of the United 
 States may be weighed in bulk as aforesaid, and shall be a 
 legal tender at the rate of ninfety three shillings currency per 
 ounce troy, when ofiFered in sums of not less than fifty pounds 
 currency. 
 
 4. Such coins representing pounds currency or multiples or 
 divisions of pounds currency, as Her Majesty shall see fit to 
 direct to be struck for the purpose, shall by such names and at 
 such rates as Her Majesty shall assign to them respectively, 
 pass current and be a legal tender in this Province ; the stand- 
 ard of fineness of. the said coins, when of silver or gold, being 
 the same respectively as that now adopted for coins of the 
 United Kingdom ; and the intrinsic value of the said coins, 
 when of gold, bearing the same proportion to that of the 
 British sovereign as the sum for which they are respectively to 
 pass current shall bear to one pound four shillings and four 
 pence of the present currency, or to four dollars eighty six 
 £ents and two thirds of a cent ; and the intrinsic value of such 
 
15 V. C 85] UNREPEALED ACTS. 121 
 
 coins, when of silver or copper, bearing the same pr^tpprtion 
 to their nominal or current value which, the intrinsic value of 
 British silver or copper coins respectively bears to their nomi- 
 nal or current value; provided always, that such gold coins 
 shall be a legal tender to any amount by tale so long as they 
 shall not want more than two grains of the standard weight 
 to be assigned to them respectively, by Her Majesty, subject to 
 the same deduction for want of weight as is provided by the 
 preceding SecjEion with regard to British and American gold 
 coins, and shall also be a legal tender to any amount by weight 
 in sums not less than fifty pounds currency or two hundred 
 dollars, at the same rate and on the same conditions as pro- 
 vided in this Act with regard to British gold coins ; and pro- 
 vided also, that such silver coins shall not be a legal tender to 
 the amount of more than two pounds ten shillings currency or 
 ten dollars in any one payment, nor such copper cojns to the 
 amount of more than. one shilling currency or twenty cents in 
 any one payment ; provided further, that the holder of the 
 notes or obligations of any person or body corporate, to the 
 amount of more than two pounds ten shillings currency or ten 
 dollars, shall not be bound to receive in such silver coins more 
 than that amount in payment of such notes if presented at one 
 time, although each or any of such notes be for a less sum. 
 
 5. Repealed by 16 Vict. cap. 33. See post, page 123. 
 
 6. It shall be lawful for the Lieutenant Governor of the 
 Province, with the advice of the said Executive Council, out 
 of any unappropriated moneys, to defray the cost of obtaining 
 and importing such quantity of the said coins respectively, as 
 the said Lieutenant Governor, with the advice aforesaid, shall 
 from time to time think it for the interest of the Province to 
 obtain and import. 
 
 7. All British silver coins not herein enumerated and now 
 in circulation, shall be a legal tender for sums not exceeding 
 two pounds ten shillings, at six shillings and one penny for the 
 crown piece, three shillings and a half penny for the half crown, 
 one shilling and two pence halfpenny for the fifth part of the 
 crown, and seven pence farthing for the tenth part of the 
 crown ; provided always, that it shall be lawful for the Lieu- 
 tenant Governor, by Proclamation in the Royal Gazette, to 
 stop the circulation of . the coins iji this Section mentioned, 
 giving six months notice in such Proclamation for that purpose. 
 
122 UNREPEALED ACTS. [15 V. C ^ 
 
 8. T-he provisions of an Act passed in the present SesSidh 
 of Assembly, intituled An Act in addition to and in aniend'- 
 ment of an Act relating to the definition of offences and the 
 punishment thereof shall so far as the same relate to counter^ 
 feit coin, eitend to the coins mentiibned in or made current by 
 this Act in the sanie manner and as fully in all respects as if 
 those prbtisibns were herein enacted. 
 
 9. The terms and matters following, wheresoever occurring 
 or referred to throiighoilt this Act, shall be understood as here- 
 after defined, unless it be otherwise specially provided, or there 
 be something in the context fepngriant thereto: — The Lieu- 
 tenant Governor" shall mean the Administrator of the Govern- 
 ment for the time being ; " currency" and " current" shall 
 mean current money of this Province at the time of the passing 
 of this Act; persons or things used in the singular number 
 shall include persons or things in the plural ; and all descrip- 
 tions of persons or thihgs and words' in the plural, shall be 
 understood to be singular unless otherwise provided for as 
 afbresiaid ; the stamp of the yeart* on each of the coins in this 
 Act specified, shall establish the fact of the coinage at an^ time 
 within that year, and the stamp on such coins of the country of 
 such Coinage, shall establish the fact of the same being the 
 coinage of such country ; and all the coins hereby made a legal 
 tender shall be deemed to have the character of standard and 
 weight, except where payments may be made by actual weight, 
 unless objected to on that account, in vvhich case the staindard 
 and Weight must be ascertained. 
 
 10. The several Acts of Assenrfbly following are hereby re- 
 pealed : — An Act passed in the twenty sixth yeftr of the Reign 
 of His Majesty George the Third, intituled An, Act for esta- 
 blishing a Tender in all payments to be made in this Province ; 
 an Act passed in the fifty eighth year of the same Reign, inti- 
 tuled Ait Act in addition to an Act intituled ' An Act fot 
 establishing a Tender to be made in all payments in this Pro- 
 vince ;'' an Act passed in the fifth year of the Reigti of ¥l\t 
 Majesty William the Fourth, intituled An Act in addition to 
 the Laws now in force for establishing a legal TendeY in all 
 payments to be iHade in this Province ; and an Act passed iti 
 the Seventh year of the Reign of Her present Majestjr, intituled 
 An Act to establish the volute of certain British coins til this 
 
WY. iaSS] UNREPEALED ACTS. 123 
 
 Province, and to amend the Ac^ relating to the establishment 
 of a legal Tender ; prorided always, that all payments or ten- 
 ders of paymehts heretofore mad6, and all rtioney transactions 
 completed irnd^r any of such lawis, ^hall be good and efiectual 
 notwithstanding such repeal. 
 
 IJ. This Act shall not be in force until Her Majesty's Royal 
 approbation be first obtaiiied,, nor until a day thereafter to be 
 fixed by Proclamation of His Excellency the Lieutenant Go- 
 vernor duly published in the Royal Gazette. 
 
 [This jict was specially confirmed, ratified, and finally enaoled, by an Order 
 of tier Majesty.in Qouncil dated the 3()th day of June 1852, and published and 
 declared in the ProiHnce the Wth riiiy af August 1852. The Ptoclamation re- 
 ferred to in Section 11 appointed the \st day of October ]S52,fpr-the Act t» 
 come in force, it was first published in the Royal Gazette on \5th Sept. 1852. J 
 
 16th Victoria— ChaptBH 33. 
 
 An Act to amend an Act for establishing a Tender in all 
 payments to be made in this Province, and for conso- 
 lidating and amending the taws relating to the Cur- 
 rency therein. 
 
 Section, Section. 
 
 1. Wliat repealed. 2, What gold coin's, to extend to. 
 
 Passed 3rd May 1853. 
 Be it enacted, ifc^ — 1. The fifth Section of an Act passed 
 in the fifteenth year of the Reign of Her present Majesty, 
 intituled An Act for establishing a Tender in all payments to 
 be 'made in this Provinee, and for cotisolidating and amending 
 the Laws relating to the Ciirtency therein, sliall be and the 
 same is hereby repealed. 
 
 2. All the provisions of the said Act, with reference to the 
 gold coitis of the United States coined before the first day of 
 March in the year of our Lord one thousand eight hundred 
 and fifty two, shall extend to any gold coins of the United 
 States, of the weight and d^enomination mentioned in the aid 
 Act, coined on or after the said first day of March in the year 
 of oui- Loifd oHfe thou^arid eight hundred and fifty two, unless 
 such provi^iotJs iare restrained by Proclamation of the Lieutc- 
 narit 'Governor, M^hich Proclamation the Lieutenant Governor, 
 by and with tlie adVice of His Executive Council for the time 
 being, is herfeby authorized to issue whenever he, by and with 
 the advice aforesaid, shall deem the same necessary. 
 
124 UNREPEALED ACTS. [58 G. 3, c 24 
 
 58th George 3rd^ — Chapter 24. 
 
 An Act to exclude certain description of persons from 
 serving as Representatives in General Assembly. 
 
 Section. Section. 
 
 1. What periont diequalified. . 2. Suspen(}ing clsuie. 
 
 Passed Uih MarcH 1818. 
 
 • Whereas it is expedient that persons who are engaged as 
 
 Spirituar Guides and Teachers in the profession of religious 
 
 faith and worship, should abstain as much as possible from 
 
 secular affairs ; — 
 
 Be it therefore enacted, ^c. — 1. From and after the passing 
 of this Act, no person shall be capable of being elected a Mem- 
 ber to serve in Assembly, or of sitting and voting therein, 
 who shall he a Minister of the Church of England, or of the 
 Church of Scotland, or a Minister, Priest, Ecclesiastic, or Teach- 
 er, under any other form or profession of religious faith or 
 worship whatever. 
 
 2. This Act shall not be in force until His Majesty's Royal 
 approbation be thereunto had and declared. ,^ 
 
 [ T/iis Aci was confirmed, finally enacted, and ratified by'an Oi der of the King 
 in Council dated the 6/h. 0/ Ftbrvary li<21, and was pMished and declared in 
 the Province on the \2th of June 1821.] 
 
 11th Victoria — Chapter 65. 
 
 \ An Act relating to the Election of Representatives to serve 
 , ^ in the General Assembly. 
 
 Section. Section. 
 
 1. What number of days in Writ for Teste 11. Nomination day, Sheriff's duty ^as to 
 
 and Return. Sheriff's duty. Candidates. 
 
 2. Remuneration to Sheriffs and other 12. When Candidate's name not to be re- 
 
 OfBcers holding Elections. ceived. 
 
 3. When Poll demanded, for what Districts 13. Whep further a^ournment may be made". 
 
 &c. Election to be held. Proviso as 14. Names of Canoidates, when and how 
 to Saint John. posted up. ' :'' 
 
 4. How held where Municipalities divided IS. In case of death, Jtc. of Sheriff, kc. hold- 
 
 into Wards. Proviso for City of Saint ing Election, what substitutes and 
 
 John. ,• oaths. 
 
 5. Polling places for each County enumera- 16. When Poll not to be opened. 
 
 ted, and how divided. 17. ftualification of voters. Members how 
 
 6. Electors, where confined to voting. returned. 
 
 7. On division of any Parish, where to vote. 18. Clualification by inbgcitance, Jcc. 
 
 8. Deputies and Poll Clerks, by whom ap- 19. Sheriffs', &c. oath. 
 
 pointed. Duty of Deputies and Poll ; 20. Writ of Election, &c,liow and wben to 
 Clerks. Sheriff's duty on return of be read. 
 
 : Poll Books. 21, Inspectors of Poll Clerks, how appointedi, 
 
 9. On Scrutiny, how objected votes to be Elector how togivevote, to be sworn, 
 
 decided. &<'■ Proviso as to' Saint Jotm 'Free- 
 
 10. Who may administer oaths on, and to men. 
 
 whom. !!!• Penalty as to false swearing. 
 
11 V. C 65] UNREPEALED ACTS. 125 
 
 Section. , ' Section. 
 
 23. Oath of allegiance, &c., viio not required 38. Writs to Saint John City, how directed. 
 
 to take. 39. Members for, by whom and how elected. 
 
 24. Penalty Jbr cprrupt Toting, *o. 40. How to state their «^ht to TOte. 
 
 25. Penalty for megal polling.' 41. Copy of Poll, when given. Penalties. 
 26 Candidate's qualification, how declared.^ 42. Ko.promise or gift, &c. tor election to be 
 
 27. Temporary Booths,' how and where ^iven. 
 
 erected. 43. If given, how incapacitated to serve. 
 
 28. Heturn of Writs, to whom. Penalty, &c. 44. CLualifioation of Members of Assembly. 
 
 29. What entries to be made in Poll Book. Declaration thereof, when to be made. 
 
 30. What Returns deemed false, and remedy 45. By whom declaration may be made. 
 
 therefor. . 46. Penalty for false declaration. 
 
 3-1. Sheriff, &.o, what authority to preserve 47. On trial of information, ice, or before 
 
 the peace at Blection, and what Jus- Select Cammittee, for penalties, 8ec., 
 
 tices, &c. to aid, . what certificate to be evidence. 
 
 33. Meinbers, when may vacate their seats. 48. GeneralAssemblies, how long to continue. 
 
 33. How may vacate their seats. 49. Writs, &c., in what form, A:c. 
 
 34. How during the recess. 50. Prosecutions, when to be commenced- 
 
 35. When may not be vacated. 51. Penalties in other cases, and proceedings. 
 
 36. Vacancies by death during recess, how 52. Construction of Act. 
 ' supplied. 53. Repeal clause. 
 
 37. Number of Members to be returned for 54. Effect of repeal. 
 
 Assembly. 55. Suspending clause. , 
 
 Passed 30ih March 1848. 
 
 Whereas it is deemed expedient to amend and consolidate 
 the Laws relating to the Election of Representatives to serve 
 in the General Assembly ; — 
 
 Be it therefore enacted, ifc. — 1. When any new Assembly 
 shall at any time hereafter be summoned in this Province, 
 as also in case of any vacancy during this present Assembly, 
 there shall be forty days between the Teste and return of the 
 Writs or Summonses, and the Clerk of the Crown in Chan- 
 cery shall issue out the Writs for the election of Members 
 to serve in the same Assembly, with as much expedition as 
 the same may be done ; and as well upon summoning of any 
 new Assembly as also in the case of any vacancy during 
 the present or any future Assembly, the several Writs shall be 
 delivered to the respective Sheriffs ; and every such Sheriff 
 shall upon the back thereof endorse the day he received the 
 same, and within six days after he has received the same 
 Writ, and at least ten days previous to the day appointed for 
 the opening of the respective Polls, shall cause public notice in 
 writing, or by printed handbills, of such Election, to be posted 
 up in three or more of the most public places within each 
 Parish and Ward in his Bailiwick or County ; which notice 
 shall contain the time at which such Election shall be opened 
 and declared at the Shire Town or City, as also the day and 
 places at which the Polls are to be opened within the said 
 County or City, and the Districts, Towns, ParisheSj or Wards, 
 for which such Polls shall be so opened, in case a Poll shall be 
 
26 UNREPEALED ACTS. [11 Y. C 65 
 
 demanded, as hereinafter mentioned ; which day so to be 
 appointed for holding the said Poll in the differenttDistricts, 
 Towns, and Parishes within the said County, and Wards in 
 such City, shall not be less than three days npr more t;h^n six 
 days after the first day of holding his Court for th|^, said Elec- 
 tion, and the said Sheriff shall also give the like notice to two 
 or more of the Constables of each Town or Parish within the 
 County. 
 
 2. The Sheriffs of the respective Counties shall each be 
 entitle;d to have and receive for every Election within their 
 respective Counties, fpr providjpg thie tempor.^ry Booths, or 
 other polling places required by this Act, and discharging the 
 duties required of them respectively by this or any other law 
 or custom now in force, the sum of ten pounds for each and 
 every Election ; and for each of his Deputies or presiding 
 Officers appointed under the provisions of this Act to open arid 
 hold the Poll at the respective places for that purpose appointed 
 within the County, the sum of twenty five shilliags for such 
 Deputy, Under Sheriff, or presiding Officer, for his services in 
 opening and holding such Poll, and six pence per mile for each 
 mile in travelling to and from the same, till the final closing of 
 the Poll by the Shrt'ifF of the County, and also for returning 
 the Poll Book to such Sheriff; and for each Poll Cleirk to be 
 by such Sheriff appointed for taking s.uch Polls in the manner 
 hereinafter directed, at the respective places at which the Poll 
 is by this Act directed to be opened and heM, the sum of twenty 
 shillings ; and in case of a Scrutiny to be granted, as herein- 
 after mentioned, such Sheriff shall be entitlied to have and 
 receive, in addition to the above mentioned allowance, the sum 
 of fifteen shillings per day for each day the Scrutiny shall con- 
 tinue ; which allowance to the said Sheriffs respectively, and 
 to the said Deputies and Poll Clerks for holding the Poll, shall 
 be paid out of the Province Treasury, upon the account thereof 
 being submitted to, and audited by the Assembly, at their next 
 Session ; but the allowance for balding the Scrutiny shall be 
 paid. by the party or parties losing his or their Election upon 
 such Scrutiny, and .shall be recovered by such Sheriff by action 
 of debt in any Court of Record in this Province iiaving juris- 
 diction thereof 
 
 3. Hereafter at every Election of a Member or Members 
 
11 ,V. c 6&] dmr|:pealed acts. 127 
 
 to repr^esept any C,ounty or City in the Gjenertel Assembly 
 of thip province, a.t.svjiich ^ Poll shall have been duly demanded 
 And granted according to law, a separate Poll shall be opened 
 and heldjor every District, Parish, Town, or W^ard, as the 
 case may be, into which auch County, City, or Town may be 
 divided, and the polling shall commence in all the Districts, 
 Towns, Parishes, or Wards of such County or City respectively, 
 at eight o'clock in the forenoon of the day fixed for taking the 
 Polls for such election, and such Poll shall be kept open till 
 four o'clock in the afternoon, when it shall finally close. 
 
 4. Whenever any Town or City in the Province is divided 
 into Wards for Municipal purposes, the Poll for every such 
 Election for such Town or City shall be held at the place 
 in every such Ward which the Sherifi" or returning Officer 
 for the time being sha^l appoint, such place always being 
 the most central, public, and convenient place in such Ward; 
 provided always, that in King's Ward, in the City of Saint 
 John, it shall be lavv*ful for the Sheriff of the City and County 
 of Saint John, and he is hereby required to appoint two 
 public and convenient places for polling in the said Ward, 
 one of such polling places to be to the eastward, and the other 
 to the westward of a line running northwardly through the 
 centre of Charlotte Street and the continuation of such centre 
 line to the City line. 
 
 5. There shall be a certain number of convenient places 
 in each County for taking the Poll at all contested Elections 
 hereafter to be held for Members to serve in General Assembly 
 in this Province, at which places respectively, within the said 
 County, the Poll ^hall be opened on the same day and between 
 the hours as hereinbefore directed and appointed, and that the 
 following places ill the respective Counties shall be and the 
 same are hereby declared to be the places at which the Poll 
 in the respective Counties at any future Election shall be 
 opened, and at which votes shall be taken, that is to say : — 
 
 In the County of York : 
 For the Parish of Fredericton, at the Court House : 
 Fdr the Parishes of Saint Mary's and Stanley, at or near 
 
 Brown's, on the Na^hWaak : 
 
 For the Parish pt Douglas, at or near the Mouth of the 
 
 Keswick: s 
 
128 UNREPEALED ACTS. [ll V. 'c 65 
 
 For the Parish of Kingsclear, at or near the Lower Village : 
 For the Parish of Prince William, at or near Marshall's : 
 For the Parish of Queensbury, at or near Lewis Huestis' : 
 For the Parish of Dumfries, at or near Asa Dow's: 
 For the Parish of Southampton, at or near Lenentine's. 
 
 In the County of Saint John : 
 
 District number one, to comprise that part of the City of 
 Saint John lying on the east side of the Harbour ; the Eleqtors 
 who reside in that part of the City of Saint John lying on the 
 east side of the Harbour, shall assemble in the different Wards 
 in which they reside, and poll their votes at such place in e^ch 
 Ward as the Sheriff or returning Officer for the time being 
 shall appoint ; and notice of such place so by him appointed 
 shall be given in manner and at the time provided by the first 
 Section of this Act ; and in the other Districts for the said 
 County mentioned, the term " Freeholder" shall extend and ' 
 be applied to all persons entitled to vote within the said 
 Districts : 
 
 District number two, to comprise that part of the City of 
 Saint John lying on the west side of the Harbour, and the 
 Freeholders thereof shall assemble at or near the Market 
 House in Carleton : 
 
 For the Parish of Portland, at or near the National School ' 
 House: "^ 
 
 For the Parish of Lancaster, at Musquash : 
 
 For the Parish of Saint Martins, at Quaco : 
 
 For the Parish of Simonds, the Sheriff to divide the Parish 
 into three Districts : Loch Lomond, number one; Black Rivjer, 
 number two ; Red Head, number three: the different boun- 
 daries to be defined by the Sheriff, and to give notice in the 
 manner prescribed in the first and eleventh Sections of this 
 Act. 
 
 In the County of Westmorland : 
 
 The Sheriff to name the place of polling in each Parish, to 
 be as central as may be conveoientj and notice to be given 
 thereof at the same time and in the same manner that public 
 notice is given of the Election, unde< l^he provisions of the first 
 Section of this Act; provided, always, that in the Parishi of 
 Dorchester, the Court House, shall be the place of polling. 
 
11 V. C 65] UNREPEALED ACTS. 129 
 
 Inthe County of Gbarlotte : 
 
 Fop the Parish of Saint James, at or near the Kirk on the 
 Scotch Ridge : 
 
 For the Parish of Saint Stephen, at Salt Water, near the 
 head of Tide Waters : 
 
 For the Parish of Saint David, at the head of Oak Bay : 
 
 For the Parish of Saint j^ndrews, at tlje County Coturt 
 House: 
 
 For thp Parish of Saint Patrick, at Digdegiia^h Mills, and 
 at the Rolling Dam : i ; 
 
 For the Parish of Saint George, al; the Lower JFalls : 
 
 For the Pariafi of Pennfield, at tlie School House, near the 
 Episcopal Church: - . 
 
 West Isles and Campo Bello, at Indian Island : 
 
 Grand Manan, at Grfind Harbour. 
 
 In the County of Northumberland : 
 For the Parish of Newcastle, at the Court House in the 
 
 Shire Town : 
 
 For the Parish of Nelson, at or near M'Gee's Tavern, in 
 
 said Parish : 
 
 For the Parish of Alnwick, at Lower Neguac : 
 
 For the Parish of Glenelg, at Ullock's Farm, Mouth of B^y 
 
 du Vin River: 
 
 For the Parish of Chatham, at or near the Town of Chatham: 
 For the Parish of Northesk, at or near Cuppage's residence : 
 For the Parish of Blaokville, at or near Bartholomew's 
 
 Mills: 
 
 For the Parish of Blissfield, at or near John Decantlin's in 
 
 said Parish : 
 
 For the Parish of Ludlow, at or near John Wilson's, in said 
 
 Parish. 
 
 In the County of King's : 
 
 I For the Parish of Kingston, at the Court House : 
 For the Parish of Sussex, at or near Shock's : 
 For the Parish of Studholm, at or near J. Ryan's : 
 For the Parish of Springfield, at or near White's : 
 For the Parish of Upham, at or near J. Wannamaker's : 
 
 . For the Parish of Hampton, at or near W. Ketchum's : 
 For the Parish of Norton, at or near J. Hayes' : 
 
 9 
 
130 UNREPEALED ACTS. [11 V. C 65 
 
 For the Parish of Greenwich, at or near Oak Point : 
 For the Parish of Westfield, at or near Jacob Waters'. 
 
 In the County of Queen's: 
 For the Parish of Gagetown, at the Court House: 
 For the Parish of Petersville, at or near Government Uoirsc, 
 
 (so called) : 
 
 For the Parish of Hampstead, at or near Roberts': 
 For the Parish of Wickham, at or near Robert Golding's: 
 For the Parish of Johnston, at or near Thomas Thorn's: 
 For the Parish of Brunswick, at or near Charles Keith's: 
 For the Parish of Waterborough, at or near John Farris' : 
 For the Parish of Chipraan, at or near Andrew M 'Donald's: 
 For the Parish of Canning, at or near George W. Hoben's. 
 
 In the County of Sunbury : 
 For the District comprising the Parishes of Burton and 
 
 Lincoln, at the Court House: 
 
 For the Parish of Maugerville, at or near the old Perley place : 
 
 For the Parish of Sheffield, at or near Tilley's : 
 
 For the Parish of Blissville, at or near John Bailey's. 
 
 In the County of Gloucester : 
 District number one, from the Restigouche Line to the 
 
 Bathurst Line, comprehending the Parish of Beresford, at or 
 
 near the Church at Little Roche : 
 
 District number two, from the Beresford Pc^rish Line to the 
 
 Big Nepisiquit Rirer, at the Court House : 
 
 District number three, from Big Nepisiquit River toTeague's 
 
 Brook, at or near the Lot number twelve, at Salmon Beach: 
 District number four, from Teague's Brook, round Misso- 
 
 nette, up the South Branch of Caraquet River, at or near the 
 
 Church in Grand Aunce r 
 
 District number five, from the South Branch of Caraquet 
 
 River to the Blackball Portage, at or near the Church in 
 
 Caraquet : 
 
 District number six, from the Blackball Portage, eastward, 
 
 round by Saint Simon's Inlet, tatbe Wough Bridge, at or near 
 
 John Gionett's : 
 
 District number seven, all the remaining territory to the 
 
 eastward of Pokemouche River and Saint Simon's Inletrat or 
 
 near the Church at Shippagan : 
 
11 V. C 65] UNREPEALED ACTS. 131 
 
 District number eight, Pokemouche Settlement, (so called,) 
 at or near Valentine Gibb's : 
 
 District number nine, the rest of the County, at or near 
 William Louiser's in Tracady. 
 
 In the County of Kent : 
 
 For the Parish of Richibucto, at the Court House : 
 
 For the Parish of Weldford, at such place in the said Parish 
 as the Sheriff shall appoint, and notice of such place so by him 
 appointed shall be given in the manner and at the time pro- 
 vided by this Act : 
 
 For the Parish of Wellington, on the Great Road between 
 the two Rivers : 
 
 For the Parish of Dundas, near the Bridge over Cocagne 
 River : 
 
 For the Parish of Carleton, at Kouchibouguac Bridge : 
 
 And such places as the Sheriff may name, on the day of 
 nomination of the Candidates, for Huskisson and Harcouri : 
 
 That the Freeholders comprised in the Lots fronting on the 
 Aldoune River and Bay, in the Parish of Carleton, shall 
 assemble with the Freeholders of Richibucto, and poll their 
 votes at the Court House in the said Parish of Richibucto. 
 
 In the County of Carleton : 
 
 District number one, to comprise the Freeholders of the 
 front tier of Lots in the Parish of Woodstock, and the whole 
 Parish of Northampton, and who shall assemble at the Court 
 House in the Shire Town : 
 
 District number two, to comprise the remaining part of the 
 Parish of Woodstock, and the Freeholders shall assemble at 
 the place commonly called Richmond Corner : 
 
 District number three, to comprise the Parish of Wakefield, 
 and that part of the Parish of Brighton lying to the southward 
 of the Becaguimic Stream, and the Freeholders thereof shall 
 assemble at the place commonly called Victoria Corner : 
 
 District number four, to comprise the Parish of Simonds, 
 and the remaining part of the Parish of Brighton lying to the 
 northward of said Becaguimic, and the Freeholders thereof 
 shall assemble at or near Big Presqu'ile River: 
 
 District number five, to comprise the Parishes of Wicklow 
 and Kent, and the Freeholders thereof shall assemble at or 
 near Kerr's, opposite the Monquat : 
 
132 UNREPEALED ACTS. [11 V, C 65 
 
 District number six, to comprise the Parishes of Andover 
 and Perth, and the Freeholders thereof shall assemble at or 
 near Curry's, opposite the Tobique : 
 
 For the Parish of Madawaska, viz : 
 
 District number seven, to comprise all that part of the Parisb 
 lying below the upper line of Lot number twenty five, granted 
 to Joseph Daigle, Junior, and the Freeholders thereof shall 
 assemble at or near Grand River : 
 
 District number eight, to comprise all that part of the said 
 Parish not comprised in District number seven, below Joseph 
 Micheau's lower line, and the Freeholders thereof shall assem- 
 ble at or near the Mouth of the Little Madawaska River : 
 
 District number nine, to comprise all that part of the said 
 Parish lying above Joseph Micheau's lower line, and the Free- 
 holders thereof shall assemble at or near John Keaton's. 
 
 In the County of Restigouche ; 
 
 For the District comprising the Parishes of Colborne and 
 
 D^lhousie, at the Court House in Dalhousie : 
 For the Parish of Durham, at Robert Hannay's : 
 For the District comprising the Parishes of Addington and 
 
 Eldon, at Campbellton. 
 
 In the County, of Albert ; 
 For the Parish of Hopewell, at the Court House : 
 For the Parish of Elgin, at or near John Barchard's : 
 For the Parish of Coverdale, at or near William Smith's t 
 For the Parish of Hillsborough, at or near John Beatty's : 
 For the Parish of Harvey, at or near William Chapman's, 
 at the Village Corner. 
 
 6. At every such Election, the resident Electors of such 
 County or City voting at such Election, shall poll their votes 
 for such Election at the Poll which shall be opened for the 
 District, Town, Parish, or Ward in which they reside, and at 
 no other, under a penalty of five pounds currency, to be recov- 
 ered before any Court of competent jurisdiction, with costs of 
 suit, at the suit of the party or parties aggrieved j provided 
 always, that in cases where the boundary lines between difi«r- 
 ent Parishes or between different Counties are doubtful, the 
 Parish in which the Elector is reputed to reside, or has been 
 
11 V. C 65] UNHEPEALED ACTS. 133 
 
 accustomed to pay Parish Rates, and perform Statute Labour 
 on the Highways, shall be takeri and deemed to be the Parish 
 in which such Elector resides for all the purposes of this Act, 
 any thing contained in this Act to the contrary notwithstanding. 
 
 7. In the event of the divisiott of any Parish or Parishes 
 in this Province, from and after the passing of this Act, with- 
 out providing anew for the polling of the votes of the resident 
 Electors of such Parish or Parishes, the resident Electors of 
 such Parish or Parishes shall poll their votes at the same place 
 in all respects as if no such division had taken place, unless 
 otherwise provided by the Law dividing such Parish or 
 Parishes. 
 
 8. It shall be the duty of the Sheriffs of the respective 
 Counties, and they are hereby respectively authorizied and 
 required, immediately before the commencement of any Elec- 
 tion, to appoint, fey Warrant under Seal, a sufficient number 
 of Deputies to preside at the several places appointed for tak- 
 ing the Poll in their respective Counties, and also a sufficient 
 number of Clerks to take the Poll at the Shire Town, and at 
 the several places appointed for taking the Poll in such Coun- 
 ty ; and shall by Precept under his hand and seal, recfuire each 
 of such Deputies to take the Poll of such Election for the Dis- 
 trict. Town, Parish, or Ward, as the case may be, for which 
 he has been so appointed, according to law, and to return the 
 same to him, under his hand and seal, by the day to which such 
 Sheriff or presiding Officer shall have adjourned the further 
 proceieding in the said Elections ; and the Poll Clerks employed 
 at these several places shall at the dose of the Poll enclose and 
 seal their several Books, and shall publicly deliver them, so 
 enclosed and sealed, to the presiding Officer at such Poll, who 
 shall give a receipt for the same, and forthwith deliver or trans- 
 mit the same, so enclosed and sealed, to the Sheriff of the 
 County, who shall receive and keep all such Poll Books, un- 
 opelied, until. the reassembling of the Court at the County 
 Court House, in each. County, on the day to which such Court 
 and the proceedings in the said Election shall : have been ad^ 
 journed ; and then hb shall openly break the seals thereon, and 
 cast up the numbet- of votes as they appear on thd said seveifdl 
 Books, and shall there openly declare the state of the Poll, and 
 shall forthwith make proclamation of the Members chosen, not 
 
134 UNREPEALED ACTS. [11 V. C 65 
 
 later than three in the afternoon of the said day; and shall 
 forthwith make return of such person or persons as have a 
 majority of votes, unless a Scrutiny be demanded by any Can- 
 didate at such Election, or by five or more Freeholders of the 
 County, in which case it shall and may be lawful for such She- 
 riff, and he is hereby required to grant the same, and to pro- 
 ceed thereupon within three days after the day of such procla- 
 mation, causing the same to be kept open during the continu- 
 ance of such scrutiny, six hours at the least in each day, 
 between the hours of eight A. M. and four p. M., unless pre- 
 vented by unavoidable accident, but so as that in all cases of 
 an Election of any new Assembly, or to fill any vacancy in the 
 present or any future Assembly, every Sheriff having the 
 return of a Writ shall close such scrutiny, and make his return 
 upon such Writ, on or before the day on which such Writ is 
 returnable. 
 
 9. Whenever a scrutiny shall be granted as aforesaid, and 
 there shall be more parties than one objecting to votes on 
 such scrutiny, the Sheriff shall decide alternately, or by turns, 
 on the votes given for the different Canditates who shall be 
 parties to such scrutiny, or against whom the same shall be 
 carried on, beginriing with the votes objected to by the party 
 first demanding the scrutiny. 
 
 10. Upon every Election of any Member or Members to 
 serve in this or any future Assembly, it shall and may be 
 lawful for the Sheriff or Under Sheriff presiding at such scru- 
 tiny, if he see cause, and he is in such case authorized, during 
 the continuance of any scrutiny which shall be granted as 
 aforesaid, to administer an oath to any person whatsoever con- 
 senting to take the same, touching the right of any person 
 having voted at such Election, or touching any other matter or 
 thing material or necessary towards carrying on such scrutiny. 
 
 11. At the commencement of every Election of any Mem- 
 ber or Members to serve in this or any future Assembly, 
 the Sheriff of the County or City in which such Election shall 
 be made, either in person or by his sufficient Under Sheriff, 
 shall, in the first instance, open and hold his Court for such 
 Election at the Court House in the Shire Town of the said 
 County or in such City, between the hours of ten A. M. and 
 twelve of the clock, at noon, on the day appointed and notified 
 
11 V. C 65] UNREPEALED ACTS. 135 
 
 for that purpose, agreeably to the provisions of jhis Act, and 
 shall continue the sanae open till the hour of two p. m. on that 
 day, when and where the names of all the Candidates that shall 
 then offer, or be handed in by one or more substantial Free- 
 holders of such County or City, to such Sheriff or Under 
 Sheriff presiding at such Election, shall, under the direction 
 of such Sheriff or presiding Officer, be entered and recorded 
 by the Poll Clerk to be appointed at such Election, in the Poll 
 BooU to be provided for that purpose; and in case no Poll 
 shall be then and there demanded, it shall and may be lawful 
 for the said Sheriff -or presiding Officer at such Election, and 
 he is hereby required, then and there to proceed to such 
 Election by a show of hands, and to declare the Member or 
 Members so chosen, and to finally close the said Election, and 
 to make his Return accordingly; and in the event of a Poll 
 being demanded, it shall be th« duty of the Sheriff or presiding 
 Officer, and he is hereby required to grant the same, and 
 forthwith by public proclamation give notice of the time and 
 places at whicli the Poll of such Election shall be taken in the 
 Several Districts, Towns, Parishes, or Wards of such County 
 or City as hereinbefore provided, and shall thereupon adjourn 
 the Court there holden, and tlie further proceedings in such 
 Election, to some daj^ within four days after the day fixed for 
 taking such Poll in the several Districts, Towns, Parishes, or 
 Wards as aforesaid. 
 
 12. It shall not be lawful for the Sheriff, Under Sheriff, 
 or presiding Officer or Officers at the respective polling places 
 in any of the Counties in this Province, or for any of the Poll 
 Clerks at such places, to receive or record the name of any 
 person as a Candidate at such Election, or to receive or poll 
 any vote or votes at such Election, for any person whatever, 
 unless the name of such Candidate shall have been previously 
 entered and recorded in the Sheriff's Poll Book, at the Court 
 House in the Shire Town or City, according to the hereinbrfore 
 mentioned provisions of this Act. 
 
 13. In all cases where from any one or more of the 
 Precepts for taking the Polls in the several Districts, Towns, 
 Parishes, or Wards in such City or County, not having been 
 returned to the said Sheriff by the return day therein named, 
 the said Sheriff shall not be prepared on the day to which he 
 
136 UNREPEALED ACTS. [II V. C 65 
 
 had adjourned the Court and further proceedings in the said 
 Election, to proceed to sum up, ascertain, and declare the state 
 of the general Poll of such Election, such Sheriff, instead of 
 proceeding to examine such of the returns as shall have been 
 already made, shall further adjourn the Court and proceeding 
 in such Election to the following day, and so on from day to 
 day until the said Precepts shall have been all returned ; pro- 
 vided always, that in proclaiming every such adjournment, he 
 shall pablicly declare the reason thereof; and provided also, 
 he shall in no case continue such adjournment to so late a day 
 as shall interfere with his being able to return the Writ of " 
 Election by the return therein named ; and provided also, that 
 he shall in no case adjouirn such Court and proceedings in 
 such Election, to Sunday, Christmas Day, or Good Friday, but 
 in all cases when such adjournment shall be necessary, adjourn 
 over every such Sunday, Christmas Day, or Good Friday. 
 
 14. The names of all the Candidates, in the order of their 
 nomination and entry on the Poll Book, shall be posted up 
 in large letters in some Conspicuous place on the Polling 
 Booth or other place where such Election is holden, during the 
 day of such Election, at the Shire Town and in the other 
 Districts, Towns, Parishes, or Wards into which the County 
 or City is divided, and also the Districts', Towns, Parishes, or 
 Wards, or the limits thereof, in case of Districts or Wards for 
 which such Poll is held, at each and every polling place in such 
 City or County, into which, for the purposes of such Election, 
 such City or County shall be divided ; and it shall be the duty 
 of the Sheriff, and the several Deputies he shall appoint, to 
 hold the Polls in the several Districts, Towns, Parishes, or 
 Wards of such County or City, to carry into effect the pro- 
 visions of this Section. 
 
 15. In case any Sheriff or Deputy appointed to hold any 
 Election, or take a Poll, after commencing the same, shall 
 before the final termination of the same die or become incapa- 
 citated by accident or sickness, it shall and may be lawful for 
 his Poll Clerk to act in his stead, who shall be authorized to 
 appoint his Poll Clerk and €nish the Election, and make the 
 return in the same way and manner as though he, the said 
 Poll Clerk, had been appointed originally the Sheriff or 
 Deputy ; provided always, that such Poll Clerk, before enter- 
 
11 V. C 65] UNREPEALED ACTS. 137 
 
 ing upon his daties as Sheriff or Deputy, shall appoint his 
 Poll Clerk, and who with the said new or acting Sheriff or 
 Deputy, previous to entering upon their duties respectively, 
 shall take and subscribe the oaths prescribed by law for Sheriff, 
 Deputy, or Poll Clerks. 
 
 16. No Poll shall be opened or held on Sunday, Christmas 
 Day, or Good Friday. 
 
 17. The Members to be chosen to serve in such Assembly, 
 shall be chosen in every County which hath right to choose, 
 by male persons of the full age of twenty one years, not 
 subject to any legal incapacity, every one of whom shall have 
 a freehold in such County, of the value of twenty five pounds, 
 in case such persons reside in such County ; and in case 
 such persons do not reside in such County, shall have a 
 •freehold in such County of the value of fifty pounds, and shall 
 have respectively possessed the same, and have had their titles 
 registered six months before the teste of the said Writ ; and 
 such Candidates qualified as by law is required, as have the 
 greatest number of votes of Electors qualified as aforesaid, 
 shall be returned by the Sheriffs, Members to serve in such 
 Assembly, by indentures between the said Sheriff and the 
 said Electors ; provided always, that any person who may 
 have mortgaged his lands, and remain in possession of the 
 same, shall not be debarred from voting. 
 
 18. In cases where persons claim to vote upon a freehold 
 derived by inheritance, devise, or as tenant by the courtesy, 
 or any estate or interest contingent upon the life or lives 
 of another, it shall not be necessary to the legality and suffi- 
 ciency of such vote that the title of the person claiming to vote 
 shall have been possessed or registered fbr six months, so that 
 the title of the person through whom such person derives his 
 title shall hare been registered for six months. 
 
 19. Every Sheriff shall at the commencement of every 
 Election, immediately after reading the Writ or Precept for 
 the Election of such Member or Members, take and subscribe 
 the following oath : — 
 
 ' I, A. B. do swear that I have 'not directly or indirectly 
 ' received any sum or sums of money, office, place oremploy- 
 ' ment, gratuity or reward, or any bond, bill, or note, or any 
 *' promise of gratuity whatsoever, either by myselfj or any other 
 
138 UNREPEALED ACTS. [11 V. C 65 
 
 ' person to my use, benefit, or advantage, for making any 
 ' return at the present Election of Members to serve in As- 
 
 * sembly, and that I will return such person or persons as shall 
 
 * to the best of my judgment appear to me to have a majority 
 ' of legal votes;' 
 
 and each of the Under Sheriffs or other Officers that shall be 
 appointed by the said Sheriff to preside or hold a Court for 
 polling or receiving votes for the Election of any Member or 
 Members to serve in the General Assembly of this Province, 
 and also each and every. of the Clerks appointed to take the 
 Poll at the Shire Town, and also at, the several places ap- 
 pointed for taking the Poll, shall at the opening of the Poll at 
 the commencement of such Election, and before such Under 
 Sheriff or other Officer or Clerk shall receive any votes, take 
 and subscribe the following oath : — 
 
 ' I, A. B. do solemnly swear that I have not directly or in- 
 ' directly received any sum or sums of money, office, place or 
 ' employment, gratuity or reward, or any bond, bill, or note, or 
 
 * any promise or gratuity whatsoever, either by myself, or any 
 ' other person to my use, benefit, or advantage, for making 
 ' any return at the present Election of a Member or Members 
 ' to serve in the General Assembly, and that I will well and 
 
 * faithfully discharge my duty at the present Election to the best 
 ' of myknowledge and judgment, * and I will return to the She- 
 ' riff a true and faithful account of the votes polled at the pre- 
 
 * sent Court at which lam appointed and authorized to preside:' 
 and the Poll Clerk, instead of the words after the asterisk, 
 shall swear, ' and I will faithfully enter and record the votes 
 
 * received at the polling place I have been appointed to act as 
 ' Poll Clerk :' 
 
 which oaths respectively, any Justice of the Peace for the 
 County where such Election shall be made, or in his absence 
 any two of the Electors, are hereby authorized and required 
 to administer, at or immediately before eight o'clock of the 
 morning of the day appointed to hold the Poll for taking the 
 votes at the Shire Town, and the several polling places ; and 
 such oath so taken and subscribed shall be prefixed at the time 
 to the Poll Book, and form part thereof. 
 
 20. Every Sheriff, Under Sheriff, Deputy, or Officer ap- 
 pointed to preside at such Election, or at any of the polling 
 
11 V. C 65] UNREPEALED ACTS. 139 
 
 places within the City or County for which such Election is 
 held, is hereby required to read the Writ or Precept for such 
 Election, or at any of the places appointed for polling out of 
 the Shire Town, a true copy thereof, certified under the hand 
 of the SherifFor Officer presiding at such Election at the Shire 
 Town, who is hereby required, prior to the opening of the Poll 
 at such polling places, to furnish each of the Deputies appointed 
 to preside at the respective polling places with such copy, 
 together with a list of the Candidates whose names shall have 
 been entered in the general Poll Book by such Sheriff at the 
 Shire Town, agreeably to the provisions of this Act, for the 
 purpose of being so publicly read ; and the said Sheriff or 
 Officer so presiding at such Shire Town, is hereby required 
 immediately after the reading of such Writ or Precept, or a 
 copy thereof as aforesaid, and taking and subscribing the oaths 
 respectively as aforesaid, to read or cause to be read openly 
 before the Electors then assembled, this Act ; and the said 
 Deputies or persons so presiding at snch polling places, are 
 hereby required and directed respectively to enter and record 
 in their respective Poll Books the names of such Candidates 
 as shall be so furnished as aforesaid to such Deputies or pre- 
 siding Officers respectively, as directed by this Section of this 
 Act, and to state the names of such Candidates to any Elector 
 requiring the same, or who is coming forward to vote. 
 
 21. For the more due and orderly proceeding in the said 
 Poll, the said Sheriff or his Under Sheriff, or person pre- 
 siding at the Poll at the Shire Town, shall appoint for each 
 Candidate such one person as shall be nominated to him, by 
 or on behalf of such Candidate, to be Inspector of any Clerk 
 who shall be appointed for taking the Poll ; and every Elector, 
 at the time of polling, shall distinctly name the Candidate or 
 Candidates for whom he votes ; and before he be admitted to 
 poll at the same Election, shall if required by the Candidates, 
 or any one of them, or in his absence, by the substitute for or 
 on behalf/)f such Candidate, first take the oaths hereinafter 
 mentioned, or any or either of them, viz: — 
 
 ' I do swear that I am a British subject, and qualified by 
 'law to vote at this Election, and that I have not before polled 
 
 * at this Election ; and the place of my abode is at . — 
 
 • So help me God I' 
 
140 UNREPEALED ACTS. [11 V. C 65 
 
 and also the following oath : — 
 
 ' I swear that I have not received or had by myself or any 
 ' other person whatsoever in trust for me, or for my use and 
 
 * benefit, directly or indirectly, any sum or sums of money, 
 
 * office, place or employment, gift or. reward, or any promise 
 ' or security for any money, office, or employment, or gift, in 
 
 * order to give my vote at this Election. — So help me God !' 
 or being one of the people called Q,uakersj shall if required as 
 aforesaid, solemnly affirm to the effect of each and every of 
 the said oaths which shall be required as aforesaid ; which 
 said oaths or affirmations ,the Sheriff, his Deputy, Under 
 Sheriff, or such sworn Clerk by him appointed for taking the 
 said Poll or Polls as aforesaid, are hereby respectively autho- 
 rized to administer; andif any Elector being thereunto required 
 as aforesaid, shall refuse or neglect to take the said oaths 
 hereinbefore appointed to be taken, or either of them, or to 
 affirm the effect thereof as aforesaid, that then the poll or 
 vote of such person so neglecting and refusing shall not be 
 taken, and the same is hereby declared to be null and void, 
 and as such shall be rejected and disallowed ; and if any Sheriff, 
 Deputy, Under Sheriff, or Poll Clerk shall neglect or refuse, 
 when thereunto requested as aforesaid, to administer the said 
 oaths and affirmations, or shall otherwise offend in the premises 
 contrary to the true intent and meaning of this Act, every 
 such Sheriff, Deputy, Under Sheriff, or Poll Clerk, shall for 
 every such offence forfeit the sum of fifty pounds, together 
 with full costs of suit, to be recovered by action of debt, bill, 
 plaint, or information, in any of Her Majesty's Courts of 
 Record in this Province, at the suit of any Cantiidate at such 
 Election, or of any Elector of the City and County for which 
 such Election was holden ; provided always, that nothing herein 
 contained shall alter or affect the oath now required by this 
 Act to be taken by Freemen of the City of Saint John voting 
 at Elections for that City, but that Freeholders voting on their 
 freeholds, at such City Elections, shall be required to take the 
 above oaths ; and that such Freeman shall, if required so to 
 do, take in addition to any oath or oaths required by this Act, 
 the oath secondly herein prescribed. 
 
 , 22. If any person or persons shall wilfully, falsely, , and 
 corruptly take any of the oaths or affirmations appointed 
 
11 V, C 65] UNREPEALED ACT?. 141 
 
 and required by any of the provisions of this Act, and be 
 thereof lawfully convicted by indictment or information, or if 
 any person or persons shall corruptly procure or suborn any 
 other person or persons to take the said oaths or affirmations, 
 or either of them, and the person so procuring or suborning 
 shall be thereof convicted by indictment or information, every 
 person so offending shall for every such offence incur and suffer 
 such penalties, forfeitures, and disabilities as persons convicted 
 of wilful and corrupt perjury are liable to. 
 
 23. No Elector at any Election shall be required to take 
 the oaths commonly called the oaths of allegiance, abjura- 
 tion, and supremacy, nor any oath or oaths required to be 
 taken by any Act of the General Assembly in lieu thereof, any 
 Law or Statute to the contrary notwithstanding. 
 
 24. If any person or persons who hath or claimetb to have, 
 or hereafter shall have or claim to have any right to vote at 
 such Election, shall take any money or other reward by way 
 of gift, loan, or other devise, or contract or agree for any 
 money, gift, office, employment, or other reward, to give or to 
 forbear to give his vote at any such Election, or if any person 
 by himself, or any person employed by him, doth or shall by 
 any gift or reward, or by any promise or agreement, or security 
 for any gift or reward, corrupt or procure any person or per- 
 sons to give his or their vote or votes, or to forbear to give his 
 or their vote or votes, or shall by any threats, force, or violence, 
 intimidate or compel any person or persons to give his or their 
 vote or votes, or to forbear to give his or their vote or votes at 
 any such Election, such person so offending in any of the cases 
 aforesaid, shall for every such offence forfeit the sum of twenty 
 pounds, to be recovered as before directed in the twenty first 
 Section of this Act, with full costs of suit; and every person 
 offending in the cases aforesaid, in this clause mentioned, from 
 and after judgment obtained against him in any such action 
 of debt, bill, plaint, or information, or being in any other wise 
 lawfully coifvicted, shall for ever be disabled to vote for any 
 Member or Members of the Assembly of this Province. 
 
 25. If any person shall cause himself or themselves to be 
 polled more than once at the same Election in the same County, 
 or if any person who is not duly qualified to vote and be polled 
 according to the provisions of this Act, shall wilfully vote and 
 
142 UNREPEALED ACTS. [11 V. C 65 
 
 cause himself to be polled at any Election for any Candidate, 
 such perspn so offending in either case aforementioned, shall 
 for every such offence forfeit the sum of fifteen pounds, to be 
 recovered as before directed in the twenty first Section of this 
 Act, with full costs of suil, or such fines and penalties shall and 
 ,may be recovered before any Justice of the Peace for the County 
 or City in which the offence was committed, at the suit of any 
 Candidate at such Election, or any Elector of the County or 
 City for which such Election was holden. 
 
 26. If the qualification of any Candidate at any Election to 
 be hereafter holden be openly questioned at any time after the 
 commencement of the Election at the Shire Town, and during 
 the time prescribed by the eleventh Section of this Act for the 
 nomination of Candidates, it shall be the duty of the Sheriff or 
 returning Officer forthwith to give the Candidate, his agent, 
 or person nominating him, whose qualification is so questioned, 
 notice of such questioning, and in default of the declaration 
 provided by the forty fourth Section of this Act being filed 
 with the Sheriff or returning Officer by eight o'clock in the 
 evening of the day of such nomination, the said Sheriff or 
 returning Officer shall strike the name of the Candidate whose 
 qualification is so questioned from the Poll Book. 
 
 27. The Sheriffs of the respective Counties are hereby 
 authorized and required immediately prior to any Election, to 
 erect or cause to be erected temporary Booths at such of the 
 respective polling places within their respective Counties, or of 
 the Shire Town, or to procure any house or houses, or other 
 building or buildings, at the respective places appointed for 
 taking the Poll, as such Sheriffs respectively may and shall 
 from time to time deem necessary and proper. 
 
 28. Every Sheriff who hath the execution and return of any 
 such Writ for electing Members to serve in General Assembly, 
 which shall be issued for the future, shall on or before the day 
 that any future Assembly shall be called to meet, and with all 
 convenient expedition after any Election made by virtue of 
 any new Writ, either in person or by his Deputy, make return 
 of the same to the Clerk of the Crown in Chancery, to be by 
 him filed in the Crown Office ; and every Sheriff having exe- 
 cution and return of any such Writ as aforiesaid, who shall not 
 make the returns according to the true intent and meaning of 
 
11 V. C 65] UNREPEALED ACTS. 143 
 
 this Act, shall forfeit for every such offence one hundred pounds, 
 one moiety of which shall go to Her Majesty, and the other 
 moiety to him or them that shall sue for the same, to be recov- 
 ered by action of debt, bill, plaint, or information, in any of 
 Her Majesty's Courts of Record in this Province. 
 
 29. In taking any Poll which shall be required as aforesaid, 
 the Sheriff and Clerks, Under Sheriffs, Deputies, or presiding 
 Officers respectively, or any of them, shall enter in the Poll 
 Book not only the place of the Elector's freehold, but also the 
 place of his abode, as be shall declare the same at the time 
 of giving his vote, and shall also make or enter "Jurat" 
 against the name of every such voter who shall take the oath 
 or oaths herein required to be taken by Electors ; and that the 
 said Sheriff or returning Officer shall within the space of 
 twenty days next after such Election, faithfully deliver over 
 upon oath, (which oath any one of the Justices of the Peace of 
 the County in which such Election is held, is hereby authorized 
 and required to administer) unto the Clerk of the Peace of 
 the same County, all the Polls Books of such respective Elec- 
 tions, without any embezzlement or alteration, to be earefuUy 
 kept and preserved among the Records of the Sessions of the 
 Peace of and for the said County. 
 
 30. All false returns which shall be wilfully made of any 
 Member to serve in the Assembly of this Province, are against 
 law, and hereby prohibited ; and in case any person or persons 
 shall return any Member to serve in the Assembly of this 
 Province for any County, City, or place, contrary to the rights 
 of Elections established in and by the provisions of this Act, 
 or of any of the Acts now in force in this Province relating to 
 Elections, such return so made shall and is hereby adjudged 
 to be a false return, and the party aggrieved, to wit, §very 
 person that shall be elected to serve in such Assembly for any 
 County, City, or place, by such false return, may sue the Sheriff 
 or returning Officer, and persons wilfully making and procur- 
 ing such false return, and every or any of them, at his election, 
 in the,Supreme Court of this Province, and shall recover the 
 damages he shall sustain by reason thereof, together with his 
 full costs of suit ; and if any Sheriff or returning Officer shall 
 wilfully, falsely, and maliciously return more persons than are 
 required to be chosen by the Writ or Precept on which any 
 
144 UNREPEALED ACTS. [11 V. C 65 
 
 choice is made, the like remedy may be had against him or 
 them, and the party or parties that shall willingly and know- 
 ingly procure the same, and every or any of them, by the party 
 aggrieved, at his election. 
 
 31. The Sheriff, Deputy, Under Sheriff, or person presiding 
 at the respective polling places at every such Election, after 
 such Sheriffs, Deputies, Under Sheriffs, or persons presiding 
 as aforesaid, shall have taken and suhscribed the. oath required 
 by this Act to be taken by such Sheriffs, Deputies, Under 
 Sheriffs, or persons presiding^ shall be during the day and 
 days on which the Election may be held, and they are hereby 
 declared to be Conservators of the Peace, and severally vested 
 with the same powers for the preservation of the peace, and 
 apprehension, and committal for trial, or holding to bail, or 
 trying and convicting violators of the law and good order, as 
 are vested in the Justices of the Peace of the Province ; and 
 for the purpose of keeping the peace, and preserving good 
 order at any Election, it shall and may be lawful for any such 
 Sheriff, Deputy, Under Sheriff, or person presiding as afore- 
 said, to , require the assistance of all Justices of the Peace, 
 Constables, and othej persons present at such Elections, to aid 
 and assist him in doing so ; and it shall and may be lawful for 
 any such Sheriff, Deputy, Under Sheriff, or person presiding 
 as aforesaid, to commit any person for a breach of the peace, 
 molesting, or threatening any Elector at coming to or return- 
 ing from the said Election, or for any other violation of good 
 order, to the custody and charge of any Constable or Constables, 
 person or persons, on view, for such time as he in his discre- 
 tion shall or may deem expedient, or by a writing under his 
 hand, to commit to prison for the like offence, for any period 
 not extending beyond the close of the Poll and the day of 
 holding the same ; and when thereunto required, all Justices 
 of the Peace, Constables, and others at the said Election, are 
 enjoined to aid and assist such person presiding, and Justice 
 and Justices of the Peace, in discharging such duties, under 
 pain of being deemed guilty of a misdemeanor, and liable to 
 punishment therefor ; and all Justices of the Peace residing in 
 the City, Town, or Parish wherein the Election is held, shall, 
 upon being notified in writing by such person presiding, attend 
 at such Election for the purpose of aiding in preserving peace 
 
11 V. C 65] UNREPEALED ACTS. 145 
 
 and order thereat; and such Justice or Justices, or person 
 presiding, shall and may, when they consider jt necessary, 
 appoint and swear in any number of special constables, to act 
 as Peace Officers, and assist in maintaining peace and order 
 at such Election ; provided always, that upon the written 
 application of any Candidate, or the agent of any Candidate, 
 or of any two or more Electors, any Sheriff or Deputy shall, 
 and he is hereby required to swear in such special constables. 
 
 32. From and after the passing of this Act, it shall and may 
 be lawful for any Member of the Assembly of this Province, 
 legally elected, or who shall hereafter be so, who shall wish to 
 abstain from the performance of the duties imposed on him by 
 his election, to vacate his seat in the manner hereinafter 
 provided. 
 
 33. Such Member, in his place in the Assembly, may give 
 notice in writing of his intention -of resigning his seat, and 
 immediately after such nptice shall have been entered by the 
 Clerk of thje Assembly in the Journal, it shall be lawful for the 
 Speaker, and he is hereby required to issue his Warrant to 
 the Clerk of the Crown in Chancery, to cause a Writ to be 
 issued for the Election of a Member in the room of the Member 
 who shall have so resigned ; and the said Clerk of the 
 Crown shall, upon th,e receipt of such Warrant, issue out a 
 Writ for that purpose, with as much expedition as the same 
 may be done ; provided always, that the Member so tendering 
 his resignation shall be and be held and considered as being, 
 to all intents and purposes, the Representative for the place 
 for which he was elected, until the return of the Election of 
 such new Member to serve in iiis room shall have been duly 
 made. 
 
 34. If any Member shall wish so to resign in the intervsil 
 between two Sessions of the General Assembly, it shall be 
 lawful for him so to do, by addressing and causing to be 
 delivered to the Speaker a declaration to that effect, made 
 under his hand and seal, before two witnesses, an entry of 
 which declaration shall be made in the Journal of the proceed- 
 ing on the first day of the Session of the General Assembly 
 then next ensuing ; and it shall be lawful for the Speaker, 
 upon receiving such declaration, forthwith to issue his Warrant 
 in like manner for the Election of a Member in the room of 
 the Member so tendering his resignation. 
 
 10 
 
146 UNREPEALED ACTS. [II V. C 65 
 
 35. No Member shall ask for leave to vacate his seat in the 
 first Session of any Assembly before the expiration of the first 
 fifteen days of said Session ; and no Member, whose elec- 
 tion shall be contested, shall so vacate his seat until after such 
 contest shall have been decided. 
 
 36. In the event of any vacancy by death, resignation, or 
 appointment to the Legislative Council, in the present or any 
 future Assembly, during any recess of the General Assembly, 
 it shall be the duty of the Speaker, within ten days after the 
 same shall be certified to him in writing by at least two Mem- 
 bers, one of whom to be a Member of the County or City in 
 which the vacancy may happen, or in case such vacancy shall 
 occur in a County only represented by one Member, then in 
 any adjoining County, to send his Warrant to the Clerk of the 
 Crown in Chancery, to cause a Writ to be issued for the Elec- 
 tion of a Member to fill such vacancy j and the said Clerk 
 of the Crown shall, upon the receipt of such Warrant, issue 
 out a Writ for that purpose with as much expedition as the 
 same may be done; and in case such vacancy shall be occa- 
 sioned by the death or resignation of the Speaker, or by his 
 appointment to a seat in the Legislative Council, or during the 
 time there is no Speaker to the Assembly, during any recess 
 as aforesaid, any four Members, one of whom to be a Member 
 of the County or City for which such Speaker shall have been 
 elected, may send their Warrant to the said Clerk of the 
 Crown, to cause a Writ to be issued for the Election of a Mem- 
 ber to fill the vacancy so made ; and the said Clerk of the 
 Crown shall, upon the receipt of such Warrant, issue out a 
 Writ for that purpose with as much expedition as the same 
 may be done ; provided always, that if the Speaker shall be a 
 Member for a County represented by only one Member, then 
 the Warrant to the Clerk of the Crown may be made by any 
 four Members. 
 
 37. The respective Sherifis for the diflferent Counties shall 
 return the following Members to serve in Assembly, to wit : 
 For the County of York, four ; the County of Saint John, four ; 
 the County of Westmorland, four ; the County of Charlotte, 
 four ; the County of Northumberland, four ; King's County, 
 three; Queen's County, two ; the County of Sunbury, two; 
 the County of Gloucester, two; the County of Kent, two; the 
 
11 V. C 65] UNREPEALED ACTS. 147 
 
 Countyof Carleton, two; th^e County of Restigouche, two ; the 
 County of Albert, two ; and for the City of Saint John, two. 
 
 38. The Writ for the Election of the said two Members 
 for the said City shall be directed to the Sheriff of the City and 
 County of Saint John, who shall execute the same, and make 
 return thereof in the same manner and under the like regula- 
 tions, restrictions, penalties, and forfeitures, except as is other- 
 wise in this Act prescribed, as Sheriffs holding Elections in 
 Counties are make subject and liable to. 
 
 39. The Members for the City of Saint John shall be chosen 
 by the Freeholders of the said City, qualified in the manner 
 prescribed by this Act, and the Freemen, being inhabitants, 
 who have actually dwelt therein, and been duly registered in 
 the list of Freemen six months before the Teste of the Wjit 
 of Election, and possessed of personal estate to the value of 
 twenty five pounds at the time of such Election, which said 
 Freemen so to give their votes, shall be subject to the like regu- 
 lations, restrictions, forfeitures, penalties, and disabilities, as 
 Freeholders by this Act are madesubject to, except that instead 
 of the oath required to be taken by Freeholders, such Freemen 
 shall take (or being Quakers, afi^irm the effect of) the follow- 
 ing oath : — 
 
 ' I do swear that I am a British Subject, a Freeman of the 
 ' City of Saint John, and am duly qualified to vote at this 
 ' Election, and have not before polled at this Election. — So 
 ' help me God !' 
 
 40. Every person coming to vote at any Election hereafter 
 holden for the City of Saint John, shall distinctly declare 
 whether he claims to vote as a Freeman or Freeholder ; and 
 it shall be particularly specified on the Poll Book whether his 
 vote was given as a Freeman or Freeholder ; and every Free- 
 holder shall, if required by any Candidate, specify the Ward 
 in which his Freehold is situate, which shall also be noted on 
 the Poll Book. 
 
 41. Every Sheriff shall forthwith deliver to such person or 
 persons as shall desire the same, a copy of the Poll taken at 
 such Election, paying only a reasonable charge for writing the 
 same ; and every Sheriff for every wilful offence contrary to 
 this Act, not provided for by particular penalties in and by this 
 Act inflicted, shall forfeit to every party so aggrieved the sum 
 
148 UNREPEALED ACTS. [II V. C 65 
 
 of fifty pounds, to be recovered in manner in the twenty first 
 Section of this Act prescribed. 
 
 42. No person or persons hereafter to be elected to serve in 
 Assembly for any County, City, or place within this Province, 
 after the Teste, or issuing out, or ordering of any Writ 
 of Summons for a new Assembly hereafter to be called,, or 
 after any such place becomes vacant hereafter, in the time of 
 this present or any other AssenJbly in this Province, shall 
 hereafter by himself or themselves, or by any other ways or 
 means on his or their behalf, at his or their charges, before his 
 or their election to serve in Assembly for any such County, 
 City, or place, directly or indirectly give, present, or allow to 
 any person or persons having voice or vote in such Election, 
 any money, meat, drink, entertainment, or provision, or make 
 any present, gift, reward, or entertainment, or shall at any 
 time hereafter make any promise, agreement, obligation, or 
 engagement to give or allow any money, meat, drink, provi- 
 sion, present, reward, or entertainment, to or for any such per- 
 son or persons in particular, or to any such County, City, or 
 placie in general, or to or for the use, advantage, benefit, em- 
 ployment, profit, or preferment of any such person or persons, 
 place or places, in order to be elected, or for being elected to 
 serve in Assembly for such County, City, or place. 
 
 43. Every person or persons so giving, presenting, or allow- 
 ing, making, promising, or engaging, doing, acting, or proceed- 
 ing, shall be and are hereby declared and enacted disabled and 
 incapacitated upon such Election to serve in the House of 
 Assembly for such County, City, or place, and that such person 
 or persons shall not act, sit, or have any vote or place in the 
 House of Assembly, but shall be and are hereby declared and 
 enacted to be to all intents, constructions, and purposes, as if 
 tjiey had never been returned or elected Members for the; 
 Assembly. 
 
 44. No person shall be capable of being elected a Member 
 of the Assembly of this Province who shall notl)e the age of 
 twenty one years, and who shall not be legally seized as of 
 freehold for his own use and benefit, of lands or tenements 
 within this Province of the value of three hundred pounds 
 currency, over and above all rents, mortgages, judgments, 
 executions, or extents charged upon or due and payable out 
 
11 V. C 65] UNREPEALED ACTS. 149 
 
 of or affecting the same, and shall have been seized of such 
 lands or tenements six months previous to the Teste of the 
 Writ of such Election; and that every ^ Candidate at any 
 Election of Representatives in the General Assembly, befoire 
 he shall be capable of being elected, shall, if required by ahy 
 other Candidate, or any Elector, or by the Sheriff or Officer 
 holding such Election, make before the said Sheriff or other 
 Officer the following declaration : — 
 
 ' I, A. B. do declare and testify that I am of the age of 
 •• twenty one years, and that I am duly seized as of freehold 
 
 * for my own use and benefit, of lands and tenements in the 
 
 * Province of New Brunswick ; and that such lands are known, 
 < distinguished, and situated in the \here par tiadarly describe 
 'the Parish and County, or different Parishes and Counties 
 
 * where the lands comprising the Candidate's qualification are 
 
 * situate, mth the number or other specific description, by 
 ' boundaries cf the lot or lots"^ of the value of three hundred 
 
 * pounds currency, over and above all rents, mortgages, jurfg- 
 
 * ments, executions, and extents charged upon or due and 
 
 * payableoutof or affecting the same, and thatlhavebeen seized 
 
 * of such lands or tenements for ihe period of six months pre- 
 
 * vious to the Teste of the Writ for this Election.' 
 
 45. It shall and may be lawful for any Candidate at any 
 Election hereafter holden, to make and subscribe the declara- 
 tion mentioned in the forty fourth Section of this Act, in the 
 presence of one of Her Majesty's Justices of the Peace, or of 
 a credible witness, and transmit the said declaration to the 
 Sheriff of the County or City for the representation whereof 
 such person so making the declaration is a Candidate, or 
 such declaration may be made on behalf of and for such Can- 
 didate, by any reputable Freeholder, in the presence of the 
 Sheriff or Officer presiding at such Election, and in either 
 case shall have the like force and effect, and subject the person 
 making it to all the pains and penalties as if made in the 
 ma?iner prescribed by the said forty fourth Section of this Act. 
 
 46. If any person shall knowingly and willingly make a 
 false declaration respecting his qualification as a Candidate at 
 any Election as aforesaid, such person shall be deemed to be 
 guilty of a disdemeanor, and being thereof lawfully convicted, 
 shall suffer the like pains and penalties as by Law ai6 inciirred 
 
150 UNREPEALED ACTS. [11 V. C 65 
 
 by persons guilty of wilful and corrupt perjury, in the County 
 in which such false declaration shall have been made. 
 
 47. On the trial of any information, indictment, or other 
 action brought against any person or persons, for the recovery 
 of any of the penalties imposed upon any person or persons 
 who may wilfully vote without being duly qualified, or against 
 any Candidate or other Freeholder who may make the decla- 
 ration prescribed for any Candidate, or upon the trial of the 
 qualification of any Candidate before a Select Committee of 
 the House of Assembly, the Certificate of the Register of 
 Deeds and Wills for the County, or City and County in which 
 the land upon which such Elector or Candidate's qualification 
 is stated to be situate, that such Elector or Candidate has no 
 such land on record ; and a Certificate of the Secretary and 
 Registrar of the Province, that such Elector or Candidate has 
 no Grant of any such land upon which he qualified, shall be 
 prima facie evidence that such Elector or Candidate is not 
 qualified. 
 
 48. The present General Assembly of this Province, and 
 every General Assembly of this Province hereafter to be sum- 
 moned and chosen, shall, notwithstanding any demise of the 
 Crown, continue for four years from the day of the return of 
 the Writs for choosing the same, and no longer, subject never- 
 theless to be sooner prorogued or dissolved by the Lieutenant 
 Governor or person administering the Government of the 
 Province. 
 
 49. Ail Writs and Warrants to be issued for the election of 
 any Members to serve in all Assemblies in this Province, and 
 all mandates, precepts, instruments, proceedings, and notices 
 consequent upon such Writs, shall be and the same are hereby 
 authorized to be formed and expressed in such manner and 
 form as may be necessary for carrying the provisions of this 
 Act into effect. 
 
 50. No action shall be brought or prosecuted for the recovery 
 of the fines and penalties imposed in and by any of the pro- 
 visions of this Act, unless commenced within six calendar 
 months after the forfeiture or ofi^ence for vyhich such fine or 
 penalty is imposed shall have occurred; 
 
 51. If any SheriflT, returning Oflicer, Deputy, Under Sheriff, 
 Poll Clerk, or other person whatsoever, appointed and acting 
 
11 V. C 65] UNREPEALED ACTS. ISl 
 
 under the authority of this Act, for any Election for any County 
 or City in this Province, shall wilfully contravene or disobey 
 the |irovisions of this Act, or any of them, with respect to any 
 matter or thing which such Sheriff, returning Officer, Deputy, 
 Poll Clerk, or other person whatsoever is by this Act required 
 to do, and for which default or offence no specific penalty is 
 provided, he shall for such his offence be liable to be sued in 
 an action of debt in the Supreme Court of this Province, for 
 the penal sum of fifty pounds ; and the Jury before whom such 
 action shall be tried, may find their verdict for the full sum of 
 fifty pounds, or for any less sum which the said Jury shall 
 think it just that he should pay for such his offence ; and the 
 defendant in such action being convicted, shall pay such penal 
 sum so awarded, with full costs of suit, to the party who may 
 sue for the same ; provided always, that no such action shall 
 be brought except by a person being an Elector, or claiming 
 to be an Elector, or a Candidate, or a Member actually re- 
 turned, or other party aggrieved, within four months after the 
 commission of the offence for which such action is brought. 
 
 52. In the consi ruction of this Act, except there be some- 
 thing in the subject or context inconsistent with or repugnant 
 to such construction, every word importing the singular num- 
 ber only, shall extend and be applied to several persons or 
 things, as well as one person or thing ; and every word import- 
 ing the plural number, shall extend and be applied to one 
 person or thing, as well as several persons or things ; and the 
 words 'Returning Officer' shall apply to every person or per- 
 sons to whom by virtue of his or their office, under any Law 
 or Statute, the execution of any Writ or Precept doth or shall 
 belong for the election of a Member or Members to serve in 
 the General Assembly of this Province, by whatever name 
 or names such person or persons may be called ; and no 
 misnomer or inaccurate description of any person, place, of 
 thing named or described in any notice required by this Act, 
 shall in any wise prevent or abridge the operation of this Act 
 with respect to such person, place, or thing, provided that 
 such person, place, or thing shall be so denominated in such 
 notice as to be commonly understood. 
 
 53. An Act made and passed in the sixth year of the Reign 
 of Her present Majesty Queen Victoria, intituled An Act to 
 
152 UNREPEALED ACTS. [12 V. C 70 
 
 improve the Law relating to the Election of Repreientatives to 
 serve in the General AsseiMy ; and also an Act made and 
 passed in the eighth year of the Reign of Her present Majesty 
 Queen Victoria, intituled An Act relating to the Election of 
 Representatives to serve in the General Assembly ; and also an 
 Act made and pa^ssed in the ninth year of the Reign of Her 
 present Majesty Queen Victoria, intituled An Act to establish 
 the Polling Places in the County of Albert, be and the same , 
 are hereby repealed. 
 
 54. The repeal of the said several recited Acts hereby 
 repealed shall not operate to revive any Act thereby repealed; 
 and every act, matter, or thing heretofore done under and by 
 virtue of the hereinbefore mentioned several recited Acts, shall 
 be and continue valid and effectual, and of the like force and 
 effect, as if this Act had not been made and passed. 
 
 55. This Act shall not come into operation or be in force 
 
 until Her Majesty's Royal approbation be thereunto had and 
 
 declared. 
 
 [ This Act was specialhi confirmed, rdtifwd, and fiTially enacted, by nn Order of 
 Her Majesty in Council dated the \\th day of August 1848, and published and 
 declared in the Province the 20lh day of Septembei 1848.] 
 
 12th Victoria — Chapter 70. 
 
 An Act to vacate the Seats of Members of the Assembly 
 in certain cases. 
 
 Section. Section. 
 
 1. Accepting OfSce, what shall vacate seat. S. Royal assent required. 
 
 Passed \4th April 1849. 
 
 Be it enacted, fyc. — 1. From and after the passing of this 
 Act, any Member of the House of Assembly who shall accept 
 of any ofBce of profit or emolument under the Crown, shall 
 be incapable of taking or holding his seat in the General 
 Assembly of this Province while in such office, unless re-elected 
 after his acceptance thereof. 
 
 2. This Act shall not coriie into operation or be in force 
 
 until Her Majesty's Royal approbation be thei-eunto had and 
 
 declared. 
 
 [ This Act was speciaUy confirmed, ratified, andfinalf§ enactid, by an Otdir of 
 Ber Majesty in Council dated the 2Sth day of June 1-849, and published and 
 declared in the Province the \sl ddy of August lS49.} 
 
16 v. C 34-35] UNREPEALED ACTS. 153 
 
 16th Victoria — Chapter 34. 
 
 Ail Act in amendment of the Act relating to the Election 
 of Representatives to serve in the General Assembly, so 
 fai' as relates to the Polling places in the County of 
 Oarleton. 
 
 Section. Section. 
 
 1, What Section repealed. 2. By whom Polling places in Carleton 
 
 appointed. 
 
 Passed 3rd May 1 853. 
 
 Be it enacted, &fc., as follows : — 1. That part of the fifth 
 Section of the Act made and passed in the eleventh year of the 
 Reign of Her present Majesty, intituled An Act relating to the 
 Election of Representatives to serve in the General Assembly, 
 which fixes the different Districts for Polling places in the 
 County of Carleton, be and the same is hereby repealed. 
 
 2. The Sheriff of the said County of Carleton shall here- 
 after name the place of polling in each Parish in said County, 
 as near the centre, being the most convenient places for that 
 purpose ; and the notice thereof shall contain all the provisions 
 specified in the first Section of the said in part recited Act. 
 
 16th Victoria — Chapter 35. 
 
 Ati Act to establish places for Polling in the Parishes of 
 Glenelg and Hardwicke, in the County of Northum- 
 berland. 
 
 Section. Section. 
 
 1. Repealed Section. 2. Polling places for certain Parishes in 
 
 Nortnumberland. 
 
 Passed 3rd May 1853. 
 
 Be it enacted, &{c., as follows : — 1. The fifth Section of an 
 
 Act made and passed in the eleventh year of Her present 
 
 Majesty's Reign, intituled An Act relating to the Election of 
 
 Representatives to serve in General Asseirihly, and also the first 
 
 Section of an Act madfe and passed in the thirteenth year of the 
 
 same Reign, intituled An Act to consolidate and amend the 
 
 Laws relating to the Ideal government of Counties, Towns, and 
 
 Parishes in this Proviiick, so far as the same relate to the 
 
 establishment of a Pbllirig place in the Parish of Glenelg, in 
 
 the County of Northunflberland, for the purposes of the several 
 
 Acts aforesaid be slnd the Same are hereby repealed. 
 
154 UIVREPEALED ACTS. {7 V. C 51 
 
 2. The Tolling places in the Parishes of Glenelg and Hard- 
 wicke, in the County of Northumberland respectively, for the 
 Election of Representatives to serve in General Assembly for 
 the County of Northumberland, and for the election of all 
 Officers to be elected under and by virtue of the several Acts, 
 intituled An Act relating to the Election of Representatives to 
 serve in General Assembly, and An Act to consolidate and 
 amend the Laws relating to the local government of Counties, 
 Towns and Parishes in this Province, — 
 
 In the Parish of Glenelg, shall be held at or near the residence 
 of John M'Kay, at the Richibucto Road ; and 
 
 In the Parish of Hardwicke, at or near the residence of 
 Robert Noble, in the County of Northumberland. 
 
 7th Victoria — Chapter 51. 
 
 An Act for the division of the County of Carl&ton into 
 two Counties, and to provide for the government and 
 representation of the new County. 
 
 Section. Section. 
 
 1. County of Victoria, bow erected. 5. Registry of Deeds, &c., how establislied. 
 
 S. Courts of Justice, how established. 6. Parish Officers. 
 
 3. Courts of General Sessions, &c., when , 7. Representation in General Assembly. 
 
 holden. 8 New County when to be deemed esta- 
 
 i. Shire Town and Public Buildings. blished, Jcc ; and Suspending clause. 
 
 Passed \3th April 1844. 
 Whereas from the great extent of the present County of 
 Carleton it is necessary and expedient that the same be divi- 
 ded into two Counties; — 
 
 Be it therefore enacted, tfc. — 1. AH that part of the said 
 
 County bounded as follows, namely : — Commencing on the 
 
 Boundary Line dividing the Province of New Brunswick from 
 
 the United States of America, at the part or place where the 
 
 same is intersected by the River de Chute, thence down stream, 
 
 following the several courses of the said River, until it comes 
 
 to the River Saint John, thence by the most direct course until 
 
 it strikes the western termination of the line dividing the Lots 
 
 ' numbers forty and forty one, granted to John Marro and Pa- 
 
 I trick Marro, thence by the said line easterly and a prolongation 
 
 of the same until it comes to the westerly line of the County of 
 
 I York, be and the same is hereby erected into a County sepa- 
 
 I rate and distinct from the said County of Carleton, and shall 
 
7 V. C 51] UNREPEALED ACTS. 155 
 
 be called and known by the name of the County of Victoria ; 
 and the residue thereof which lies below the boundary line 
 of the said County, as is described in this Act, shall comprise 
 the County of Carleton. 
 
 2. The like Courts of Justice shall be erected and establish- 
 ed, and the like Justices and other Officers be constituted and 
 appointed in the said new County, as are now erected and 
 established, constituted and appointed in the said County of 
 Carleton, and with the like powers and authorities. 
 
 3. The Courts of General Sessions of the Peace and Inferior 
 Court of Common Pleas shall be held in the Shire Town of 
 the said new County twice in every year, at the times following, 
 that is to say, on the last Tuesday in December and May, and 
 continue until the business shall be finished, not exceeding five 
 days; and two additional Terms of the said Inferior Court of 
 Common Pleas for the said County shall be holden as follows, 
 that is to say, on the first Tuesdays in March and October, and 
 continue until the business be finished, not exceeding five days, 
 at which additional Terms no Jury shall be summoned. 
 
 4. The Town or Parish of Andover in the said County of 
 Victoria, shall be for ever hereafter the Shire Town of the 
 said County, and a Court House and a Gaol shall be erected 
 in the said Shire Town in like manner and by such and the 
 like ways and means as such Public Buildings have been or 
 may be erected in other Counties in this Province, and in such 
 place within the said Shire Town as the Lieutenant Governor 
 or Administrator of the Government for the time being, by and 
 with the advice of Her Majesty's Executive Council, shall 
 direct and appoint, and that all the Public Offices in the said 
 County of Victoria shall be kept at the place so to be directed 
 and appointed by the Lieutenant Governor or Administrator of 
 the Government of the Province for the time being, by and 
 with the advice and consent ofHer Majesty's Executive Council. 
 
 5. In the said Shire Town there shall be erected and esta- 
 blished a Registry of Deeds, Conveyances, Wills, Mortgages, 
 Memorialsof Judgments or Recognizances, for the said County, 
 to be managed and executed by a Register, to be constituted 
 in like manner and under and subject in all respects to the like 
 laws, rules, and regulations as any other Registry in any other 
 County of the Province ; and that all Deeds, Conveyances, 
 
156 UNREPEALKD ACTS. [7 V C 51 
 
 Wills, Mortgages, Memorials, Judgments or Recognizances 
 which may affect any lands, tenements, or hereditaments in the 
 said County, shall be entered and registered at full length in 
 the said Registry, provided the same Deeds and other docu- 
 ments have not been before registered in the said County of 
 Carleton or County of York. 
 
 6. The several Parishes of the said County of Carleton in 
 whole or in part comprised within the said new County, shall 
 continue by their respective names to be the Parishes of the 
 said new County until altered by the General Assembly, and 
 that the Town or Parish Officers to be hereafter annually ap- 
 pointed for the said new County shall in all respects possess 
 the same powers as the like officers in any other County ; pro- 
 vided always, that the powers and authorities of the presenter 
 any other officers appointed or to be appointed by the Court 
 of General Sessions of the Peace of the said County of Carle- 
 ton, shall continue until after the first General Sessions of the 
 Peace shall be holden in the said new County. 
 
 7. The said new County shall be entitled to send two Mem- 
 bers to serve in the General Assembly of this Province, to be 
 elected by the freeholders in like manner, and subject to the 
 like laws, rules, and regulations under which other Members 
 are elected in any other County ; and all freeholders whose 
 title deeds may have been registered in the County of Carleton 
 or County of York before this Act shall go into operation, shall 
 be entitled to vote without having their Deeds registered anew 
 in the said new County ; provided always, that no Writ shall be 
 issued for the Election of such Members until there shall be a 
 General Election for the Province. 
 
 8. The new County shall not be deemed to be erected and 
 established until the Commission shall be issued for erecting 
 the said Courts of Justice, appointing the several Justices and 
 other Officers for the said new County, and the same shall be 
 notified by Proclamation of the Lieutenant Governor or Admi- 
 nistrator of the Government for the time being; provided 
 always, that this Act shall not be in force until Her Majesty's 
 Royal approbation be thereunto had and declared. 
 
 [ This Act was specially confii med, ratified, and finally enacted, by an Order 
 of Her Majesty in Council dated the 30'h my of January 1850, and published 
 and declared in the Province the 6ih day of March 1850.] 
 
16 V. C 69] UNREPEALED ACTS. 157 
 
 16th Victoria — Chapter 69. 
 
 An Act relating to the Coast Fisheries, and for the pre- 
 vention of Illicit Trade. 
 
 Section. Section. 
 
 1. Vessels hovering within three miles of 17. Limitation of actions for penalties. 
 
 the coast may be boarded. 18. Appeals, withip what time to be prose- 
 
 2. Proceedings when Master refuses to de- cuted. 
 
 part. 19. Coasting vessels to have narrow plank or 
 
 3. Foreign vessels fishing or preparing to iron extending aft of stern post. 
 
 fish, and their cargoes, forfeited. , 20. Forfeiture for destroying nets, if not so 
 
 4. Vessels and goodsmaybeseized. Penalty provided. 
 
 for obstructing Officers. 21. Vessel or boat under fifteen tons to have 
 
 5. Custody of vessels and goods seized. distinguishing number on bows and 
 
 6. Proceeds ofcqndemned vessels and goods, mainsail. 
 
 how applied and distributed. 23. Colour of numbers in Bay of Fundy and 
 
 7. Penaltiesandforfeitures,how prosecuted. Gulf of Saint Lawrence respectively. 
 
 8. Vessels and goods delivered on security. 23. Vessel or boat without distinguishing 
 
 9. Suits, how brought and prosecuted. Oral number, to be seized and forfeited. 
 
 evidence as to Seizing Officer. 24. Penalty for false or fraudulent description 
 
 10. Burden of proof to rest with claimant. of vessel or boat. 
 
 11. Claimforpropertyseizedtobeunderoath. 25. Penalty for false or fraudulent proceed- 
 
 12. Security to be given before claim entered, ings with reference to vessels above 
 
 13. Month's notice to officer before action. fifteen tons burthen, or Foreign vessfeU. 
 
 14. Limitation of action against Seizing 26. Lieutenant Governor may grant Com- 
 
 Officer. ' mission of the Peace to officer in com- 
 
 15. If Judge certifies probable cause for mandof Her Majesty's Vessel of War, 
 
 seizure, no costs allowed. while protecting the Fisheries. 
 
 16. Amends ma^ be tendered within one 27. Definition of terms. 
 
 moQI^. 28. Suspending clause. 
 
 Passed Zrd May 1 853. 
 Be it enacted, &fc., as follows: — 1. Officers of the Provincial 
 Treasury, and any other person duly appointed by the Lieute- 
 nant Governor in Council for that purpose, may go on board any 
 vessel or boat within any Harbour in this Province, or hovering 
 within three marine miles of any of the coasts or harbours 
 thereof, and stay on board so long as she may remain within 
 such place or distance. 
 
 2. If such vessel or boat be bound elsewhere, and shall con- 
 tinue within such harbour, or so hovering for twenty four hours 
 after the master shall have been required to depart, any one 
 of the officers or persons above mentioned may bring such 
 vessel or boat into port, and search her cargo, and also examine 
 the master upon oath ; and if the master or person in command 
 shall not truly answer the questions demanded of him in such 
 examination, he shall forfeit one hundred pounds ; and if there 
 be any prohibited goods on board, then such vessel or boat 
 and the cargo thereof shall be forfeited. 
 
 3. If the vessel or boat shall be Foreign, and not navigated 
 according to the Laws of Great Britain and Ireland, and shall 
 be found fishing, or to have been fishing, or preparing to fish, 
 within three marine miles of such coasts or harbours, such 
 vessel or boat, and the cargo, shall be forfeited. 
 
158 UNREPEALED ACTS. [16 V. C 69 
 
 4. All goods, vessels, and boats liable to forfeiture, may be 
 seized and secured by any of such officers or persons so ap- 
 pointed ; and every person opposing them, or any one aiding 
 such opposition, shall forfeit two hundred pounds. 
 
 5. Goods, vessels, and boats seized as liable to forfeiture 
 under this Act, shall be forthwith delivered into the custody of 
 the Officers of the Provincial Revenue next to the place where 
 seized, to be secured and kept as other vessels, boats, and goods 
 seized, are directed to be secured and kept by law. 
 
 6. All goods, vessels, and boats condemned as forfeited under 
 this Act shall, by direction of the principal Officer of the Pro- 
 vincial Revenue where the seizure shall have been secured, be 
 sold at public auction, and the produce of such sale shall be 
 applied as follows : the amount chargeable for the custody of 
 the property seized shall first be deducted, and paid over for 
 that service ; one half of the remainder shall be paid to the 
 officer or person seizing the same, without deduction ; and 
 the other half, after first deducting therefrom all costs incurred, 
 shall be paid into the Treasury of this Province ; but the 
 Lieutenant Governor in Council may nevertheless direct that 
 any vessel, boat, or goods seized and forfeited, shall be reserved 
 for the public service, or destroyed. 
 
 7. All penalties and forfeitures imposed by this Act shall be 
 prosecuted and recovered in the Supreme Court. 
 
 8. If any goods, vessel, or boat shall be seized as forfeited 
 under this Act, the Judge of the said Court, with the consent 
 of the persons seizing the same, may order re-delivery thereof, 
 on security by Bond to Her Majesty, to be made by the party 
 claiming the same with two sureties. In case the property is 
 condemned, the value thereof shall be paid into the Court, and 
 distributed as above directed. 
 
 9. All suits for recovery of penalties or forfeitures shall be 
 in the name of Her Majesty, and shall be prosecuted by the 
 Attorney General, or in his absence, by the Solicitor General. 
 If a dispute arise whether any person is authorized to seize 
 under this Act, oral evidence may be heard thereupon. 
 
 10. If any seizure take place under this Act, and a dispute 
 arise, the proof touching the illegality shall be upon the owner 
 or claimant. 
 
 11. No claim to any thing seized under this Act, and returned 
 
16 V. C 69] UNREPEALED ACTS. 159 
 
 into the said Court for adjudication, shall be admitted unless 
 the claim be entered under oath, with the name of the owner, 
 his residence and occupation, and the description of the pro- 
 perty claimed, which oath shall be made by the owner, his 
 attorney, or agent, and to the best of his knowledge and belief, 
 before any Justice of the Peace. 
 
 12. No person shall enter a claim to any thing seized under 
 this Act, until security shall have been given in a penalty not 
 exceeding sixty pounds, to answer and pay costs occasioned 
 by such claim, and in default of such security, the things seized 
 shall be adjudged forfeited, and shall be condemned. 
 
 13. No writ shall be sued out against any officer or other 
 person authorized to seize under this Act, for any thing done 
 thereunder, until one month after nptice in writing delivered 
 to him or left at his usual place of abode by the person intend- 
 ing to sue out such writ, his attorney, or agent ; in which no- 
 tice shall be contained the cause of action, the name and place 
 of abode of the person who is to bring the action, and of his 
 attorney, or agent ; and no evidence of any cause of action 
 shall be admitted, except such as shall be contained in the 
 notice. 
 
 14. Every such action shall be brought within three months 
 after the cause thereof has arisen. 
 
 15. If on any information or suit brought to trial under this 
 Act, on account of any seizure, judgment shall be given for 
 the claimant, and the Judge or Court shall certify on the 
 Record that there was probable cause of seizure, the claimant 
 shall not recover costs, and the person who made the seizure 
 shall not be liable to any indictment or suit on account thereof. 
 And if any suit or prosecution be brought against any person 
 on account of such seizure, and judgment shall be given against 
 him, and the Judge or Court shall certify there was probable 
 cause for the seizure, then the plaintiff, besides the thing seized, 
 or its value, shall not recover more than two pence damages, 
 and no costs of suit ; and the defendant shall not be fined more 
 than one shilling. 
 
 16. The seizing officer may within one month after notice 
 of action received, tender amends to the party complaining, or 
 his attorney, or agent, and plead such tender. 
 
 17. All actions for the recovery of penalties or forfeitures 
 
160 UNREPEALED ACTS. [J 6 V. C 69 
 
 imposed by this Act, must be commenced within three years 
 after the offence committed. 
 
 18. No appeal shall be prosecuted from any decree or sen- 
 tence of any Court in this Province, touching any penalty or 
 forfeiture hereby imposed, unless the inhibition be applied for, 
 and decreed, within twelve months from the decree or sentence 
 bfeing pronounced. 
 
 19. All coasting vessels under sixty tons burthen, owned in 
 this Province, and engaged in the coasting trade thereof, shall 
 be furnished with a narrow piece of plarik, of iron, affixed to 
 the bottom of the keel, and level therewith, extending aft at 
 least six inches beyond the aperture between the stern post and 
 rudder, and Well secured on the keel; but this Section shall 
 not extend to vessels in which the main or false keel extends 
 six inches beyond the aperture between the stern post and 
 rudder. 
 
 20. Any owner or master of a coasting vessel not so furnished 
 or built, running foul of any net set within or off the harbours, 
 bays, or rivers of the coast of this Province, shall upon due 
 proof thereof, forfeit five pounds, to be recovered by the party 
 injured, to his own use as a private debt, leaving to such party 
 grieved, nevertheless, his rights at common law for any further 
 damages. 
 
 21. The owner of every vessel or boat under the burthen 
 of fifteen tons belonging to this Province, and employed in 
 fishing, coasting, or piloting, shall furnish a written description 
 of the same, together with his own name, place of abode, and 
 occupation, to the chief officer of the Provincial Treasury of 
 the district wherein the owner resides ; such officer shall 
 thereupon grant to the owner a certificate, that the requisite 
 description has been filed with him, and that a certain number 
 has been fixed thereto; which number shall thereafter be 
 painted conspicuously on both bows in figures not less than 
 nine inches in length, and on the mainsail of such vessel or 
 boat in figures not less than three feet in length. 
 
 22. Vessels or boats belonging to owners residing within the 
 Bay of Fundy, shall be distinguished by numerals in red on the 
 bows and mainsail ; and vessels or boats belonging to owners 
 residing on the Gulf coast of this Province, shall be distin- 
 guished by numerals in black upon a white patch on each bow, 
 and in black upon the mainsail of such boat or vessel. 
 
16 v. C 69] UNREPEALED ACTS. 161 
 
 23. Every vessel or boat under the burthen of fifteen tons, 
 belonging to this Province, and found fishing, coasting, or 
 piloting near its shores, without bearing a distinguishing num- 
 ber on the bows and mainsail, as above provided, shall be 
 seized and detained until property numbered, and until the 
 payment of a fine not exceeding five pounds. 
 
 24. If the owner of any vessel or boat under the burthen of 
 fifteen tons, shall make any false or fraudulent description of 
 the same, or any misrepresentation whatsoever, in order to 
 obtain a certificate and number therefor, he shall forfeit twenty 
 pounds. 
 
 25. If any person shall make a fal^e or fraudulejiit declara- 
 tion, oath, or representation with reference to the sale, transfer, 
 registry, or re-registry of any ship or vessel above the burthen 
 of fifteen tons, or shall conspire or collude with a foreigner in 
 any false or fraudulent transfer of a foreign ship or vessel, 
 either to obtain a British register therefor, or for any false, 
 fraudulent, or deceptive purpose, or shall wilfully and know- 
 ingly aid in giving to the master or owner of a foreign vessel, 
 being a foreigner, the character of a British subject, or to a 
 foreign vessel the character of a British vessel, he shall forfeit 
 one hundred pounds. 
 
 26. The Lieutenant Governor may by Commission under 
 the Great Seal, appoint the Officer in command of any of 
 Her Majesty's Vessels of War, employed on the coasts of this 
 Province in the protection of the Fisheries, to be a Justice of the 
 Peace in any or every County of this Province ; such Com- 
 mission to be in force while such Officer is employed on the 
 coast in the protection of the Fisheries, and in command of one 
 of Her Majesty's Vessels. 
 
 27. In this Chapter, "Vessels" shall include Ships, and 
 " Harbours " shall include Ports, Bays, and Creeks. 
 
 28. This Act shall not come into operation until Her 
 
 Majesty's approbation is thereunto had and declared. 
 
 [This Act was specially confirmed, ratified, and fi/nally enacted, by an Order 
 of Her Majesty in Council dated (he 24(A day of October ]S53, and published 
 and declared in the Province the 16th day of November 1853.] 
 
 11 
 
162 UNREPEALED ACTS. [6 G. 4/ C 4 
 
 ^ 
 
 6th George 4th — Chapter 4. 
 
 Aa Act .to encourage the establishment of Banks for 
 Savings in this Province. 
 
 Section. SeciioD. 
 
 1. Who entitled to tBe benefit of the Act, 0. fDeberit'iires, when and how to be given 
 
 and what rules. &c. to enter., therefo^, , 
 
 2. Where to enter same, who to file, and 10. Payment, when may be demanded. 
 
 effect, of, ,, II. On what previoiis requis-ites made. 
 
 3. What Officers to receive no benefit from 12. Interest on Debentures, how computed 
 
 InstitutiiMi. Exception as to salaried and paid, and how renewed. ^ i ■ 
 
 ofiicers. 13. Debentures, amount of; what not to ei- 
 •4. Hules,' &cV when binding on Members ceed; wlhen, by, and to whom, and for 
 
 and Officers; what to be evidence; what.purpose Reports to be made., 
 
 'when^ot to be rtemoved; what fees. 14. How 'oth^ funds may be invested. 
 
 5. Shares of Minors, how paid. 15. Privilege of paying into Treasury, how 
 
 6. Who required to give Bonds ; to whom, restricted 
 
 and how enforced. 16. friendly Societies, how and with whom 
 
 7. Effe(;ts of Institution, in whom vested ; may make deposits. - 
 
 who may sue aivl be sued, &c., ' 17. On death of depositor, l^w bis deposits. 
 
 8. What moneys may be vested in Province paid. ' ■ ' 
 
 • :Trpasary, Schedule. 
 
 Passed I7th Mareh ] 825. 
 , WheR/EAS certain Provident Institutions or Banks for 
 Savings,, have been established in this Provincie for the safe 
 custody and increase of small savings belonging to mechanics^ 
 labourers, servants, and others the industrious classes of 
 His Majesty's subjects ; arid it is expedient to give protectio» 
 to such Institutions and the funds thereby established, and to 
 afford encouragement to others to form the like Institutions ;— 
 Be it therefore enacted, Ifc.- — 1. If any number of persons 
 who have formed or shall' form any Society in any part of this 
 Province, for the purpose of establishing and maintaining any 
 Institution in the nature of a Bank to receive deposits of money 
 for the benefit of the persons depositing the same, and to 
 accumulate the produce of so much as shall not be required by 
 the depositors, their executors, or administrators, to be paid 
 in the nature of compound interest, and to return the whole or 
 any part of such, deposit and the produce thereof, to the deposi- 
 tors, their executors, or administrators, deducting only out 
 of such produce so much as shall be required to be so retained 
 for the purpose of paying and discharging the necessary 
 expenses attending the management of such Institution, accord- 
 ing to such rules, orders, and reglilations as shall have been 
 or shall be established for that purpose, but deriving no bene- 
 fit whatsoever from any such deposit or the produce thereof, 
 shall be desirous of having the benefit of the provisions of this 
 Act, such persons shall cause the rules, orders, and regulations 
 
 .t! 
 
6 G. 4, O 4] UNREPEALED ACTS. 163 
 
 established dr to be established forthe management of such Insti- 
 tution, to be entered, deposited, and filed in manner hereinafter 
 directed, and thereupon shall be deemed to be entitled to and 
 shall have the benefit of the provisions contained in this Act. 
 
 2. Provided always, That no such Institutions as aforesaid 
 shall have the benefit of this Act unless the rules, orders, and 
 regulations for the management thereof, shall be entered in a 
 Book or Books to be kept by an officer of such Institution to 
 be ajspointed for that purpose ; and which Book or Books shall 
 be open at all seasonable times for the inspection of the persons 
 making deposits in the funds of such Institutions, and unless 
 such rules, orders, and regulations shall be fairly transcribed 
 on parchment, and such transcript shall be deposited with the 
 Clerk of the Peace for the County, or City and County whferein 
 such Institution sihall be established;; which transcript shall 
 be filed by such Clerk of the Peace with the Records in his 
 custody, without any fee or reward to be paid in respect 
 thereof; but nevertheless nothing herein contained shall extend 
 to prevent any alteration in, or amendment of any such rules, 
 orders,; or regulations so entered and deposited and filed as 
 aforesaid, or repealing or annulling the same or any of them in 
 the whole or in part, or making any new rules, orders, or 
 regulations for the management of any such Institution, in such 
 manner as by the rules, orders, and regulations of such InsU- 
 tution shall from time to time be provided ; but such n^w 
 rules, orders, or regulations, or such alteration in or amend- 
 ment of former rules, orders, or regulations, or any order 
 annulling or repealing any former rule, order, or regulation in 
 the whole or in part, shall not be in force until the same res- 
 pectively shall be Entered in such Book or Books as aforesaid, 
 and a transcript or transcripts thereof shall be deposited with 
 such Clerk of the Peace as aforesaid, who shall file the same 
 without fee or reward as aforesaid. 
 
 3. Provided also, That no such Institution as aforesaid shall 
 have the benefit of this Act unless it shall be expressly 
 provided by the rules, orders, and regulations forthe manage- 
 ment thereof, that no person or persons being Treasurer, 
 Trustee, or Manager of such Institution, or having any control 
 in the management thereof, shall deriye any benefit from any 
 deposit made in such;Instit,ution, but that, the persons deposit- 
 
164 UNREPEALED ACTS. [6 G. 4, C 4 
 
 ing money therein shall have the sole benefit of such deposit», 
 and the produce thereof, save only and except such salaries 
 and allowances, or other necessary expenses as shall, according 
 to such rules, orders, and regulations, be provided for the 
 charges of managing s«ch Institution, and for remnneration 
 to officers employed 'in the manageinent theredf, iBxclusivfc of 
 the Treasurer or Treasurers, Trustee or Trustees, or other 
 persons having direction in the management of such Institu- 
 tion, who shall not directly or indirectly have any salary, 
 allowance, profit, or benefit whatsoever therefrom, beyond their 
 actual expenses for the purposes of such Institntion. 
 
 4. All riiles, orders, and r6gulatiotis from time to time 
 made and in force for tbe management of any such Institution 
 a:s aforesaid, a«d duly entered in such Book or Books as afore- 
 said, and deposited with such Clerk of the Peace as afo^eskid, 
 shall be binding titi the several members and officers of such 
 Institution, and the several d^ositors tbereili, and their 
 representatives, all of whom shall be deemed and taken to 
 have full notice thereof, by such entry and deposit as aforesaid; 
 and the entry of such rules, "orders, and regulations in such 
 Book or Books as aforesaid, 6r the transcript thereof, diepirsited 
 with sufch Clerk of the Peace as aforesaid, or a true copy of 
 such trarJscriiit examitted with the original and proved to be a 
 true copy, shall be recieived as evidence of such riiles, orders, 
 and regtilafiofns respectively in all cases, and no certiorari 
 shall be brotight or allowed to remove any such rules, orders, 
 or regulations into any of His Majesty's Courtis of Record ; 
 and every copy of any such transcript, deposited with any 
 Clerk of the Peace as aforesaid, shall be made without any 
 fee or reward, except the actual expense of making such copy. 
 
 5. In case the managers of any such Institution shall receive 
 any deposit of money from or for the benefit of any person 
 under the age of twenty one years, it shall be lawful for the 
 managers of such Institution to pay to such person his or her 
 share and interest in the funds of such Institution, and the 
 receipt of such person shall be a sufficient discharge, notwith- 
 standing his or her incafiacity Or disability in Law to act for 
 him or herself. 
 
 '6. If any Treasurer or Treasurers, or other officer or 
 officiers, or other person whatsoever, who ^hall be entruJ^eS 
 
6 G, 4, C 4] UNREPEALED ACTS, 165 
 
 yrithtbe receipt or custody of any gum or surjns of money, 
 SUibscribed or deposited for the purposes of sugJi Institution, or 
 any interest qr dividend frow time to time accruing thereby, 
 shall be required by the rules or regulfitiong of such Institution 
 to become bound with sureties for the just and faithful execu- 
 tion of such office or trust in such sum or sums of money as 
 shall be required by the rules, prders, and regulations of such 
 Institution, such security sh^U ^nd may be given by Bond or 
 Bonds tq the Clerk of the Peace for the time being, for the 
 County, or City and County where such Institution shall be 
 established ; and in case of forfeiture, it shall be lav^ful for the 
 persons authorized for tbat purpose by the rules, regulations, 
 and orders of such Institution, to sue upon such Bond or Bonds^ 
 in the name of such Cl^rk of the Peace for the time being, 
 and to carry on such suit at the costs and charges and for the 
 use of the said Institution, fully indemnifying and saving 
 harmless such Clerk of the Peace from ^11 costs and charges 
 in respect of such suit. 
 
 7. All moneys, goods, chattels, and effeets whatever, and all 
 securities for money, or other obligatory instruments and 
 midisnpp& or muniments, and all other effects whatever, and 
 all rights or claims belonging to or had by such Institution, 
 shall be vested in the Trustee or Trustees of such Institution 
 for the time being, for the use and benefit of such Institution 
 and of tbe respective depositors therein, their respective 
 executors or administrators, according to the respective 
 claims and interests ; and after the death or removal of any 
 Trustee or Trustees, shall vest in the succeeding Trjistee or 
 Trustees for the same estate and interest as the former 
 Trujstee or Trustees had therein, and subject to the same 
 trusts, without any assignment or conveyance whatever ; and 
 also shall for all purposes of action f^f suit, as well criminal 
 as civil, in Law or in Equity, in any wise touching or concern- 
 ing the Siame, be deemed and talien to be, and shalj in every 
 such proceeding, wjien necessary, be stated to be the property 
 of the person or persons appointed to thp of&ce of Trustge or 
 Trustees of such Institution fpr the time being, in h'S. her, 
 or their proper name or names, without further description j 
 aad such persen or persons shall, and they are hereby respecr 
 tirely authorized, to Mng or defend, or ei^use tp be brought 
 
166 UNREPEALED ACTS. [6 G. 4, C 4 
 
 and defended, any action, suiti or prosecution, criminal as 
 wiell as civil, in Law or Equity, touching or concerning the 
 property, right, or claim aforesaid i of, or belonging to, or had 
 by such Institution; and such person or persons so appointed, 
 shall and may in all cases concerning the property, right, or 
 claim aforesaid of such Institution, sue and be sued, plead and 
 be impleadeid in his, her, or their proper name or names, as 
 Trustee or Trustees of such Institution, without other descrip- 
 tion ; and no such suit, action, or prosecution shall he discon- 
 tinued or abate by the death of such- person or persons, or 
 his or their removal from the office of Trustee or Trustees as 
 aforesaid, but the same shall and liiay be proceeded in by the 
 succeeding Triistee or Trustees, in the proper name or names 
 of the person or persons commencing the same, any law, 
 usage, or custom to the contrary notwithstanding ; and such 
 succeeding Trustee or Trustees shall pay or receive like 
 costs as if the action or suit had been commenced in his or 
 their name or names for the benefit of, or to be reimbursed 
 from the funds of such Institution. 
 
 8. The Trustees: of any Institution which shall take the 
 benefit of this Act in manner hereinbefore provided, shall be 
 and they are hereby empowered to pay into the Pi-ovince 
 Treasury, any sum or sums of money not being less than fifty 
 pound's, upon the declaration of the Trustees of such Institu- 
 tion, or any two or more of them, that such moneys belong 
 exclusively to the Institution for which such payment is intended 
 to be made, whether such moneys shall have been deposited 
 therein before the passing of this Act, pr thereafter shall be 
 deposited therein ; and the Treasurer of the Province, or the 
 Deputy Treasurer for the County, District, or place where 
 such Institution shall be established, shall and is hereby 
 required to receive all such moneys. 
 
 9. Provided always, That previous to any payment being 
 made into the Province Treasury as aforesaid, the person or 
 persons applying for that purpose shall in all cases produce 
 to the Treasurer or Deputy Treasurer as aforesaid, an order 
 according to the form in the Schedule to this Act annexed, 
 marked A, under the hands of two of the Trustees of such 
 Institution, on the account of which such payment is to be 
 made, and on the production of such order and payment of the 
 
6 G. 4, e 4] UNREPEALED ACTS, 167 
 
 sum therein expressed, to the said Treasurier, Or Deputy 
 Treasurer as aforesaid, at his office, the said Treasurer, or 
 Deputy Treasurer as aforesaid, shail and he is hereby required 
 to make out, within five days after such payment, fof delivery 
 to such person or persons producing the order of the said 
 Trustees, a Debenture for the amount of such payment, carry- 
 ing interest after the rate of six pounds per centum per annum, 
 payable with the principal at the office of the Treasurer of the 
 said Province, or of the Deputy Treasurer to whom such pay- 
 ment may be made, on the thirty first day of December then 
 next following, to be dated on the day on which such payment 
 or payments shall be made, which said Debenture shall be in 
 the form specified in the Schedule to this Act annexed, marked 
 B ; and the principal and interest of all such Debentures shall 
 be charged and chargeable upon, and they are hereby charged 
 upon and made payable out of any moneys remaining in the 
 Province Treasury. 
 
 10. It shall be lawful for the Trustees of any such Institu- 
 tion, or any two or more of them, to demand payment at any 
 time before the day of payment specified in such Debenture of 
 the said Treasurer, or Deputy Treasurer as aforesaid, of the 
 principal sum specified in any Debenture or Debentures issued 
 in pursuance of the provisions of this Act, together with all the 
 interest due thereon ; computing such interest from the day of 
 the date of the Debenture inclusive, up to and including the 
 five days following the date of the order of the said Trustees 
 demanding such payment. 
 
 11. Provided always. That previous to the payment of the 
 principal of any such Debenture or Debentures, together with 
 the interest due thereon as aforesaid, the person or persons 
 applying to receive the same shall in all cases produce to the 
 Treasurer, or Deputy Treasurer as aforesaid, at his office, an 
 order endorsed on the back thereof, under the hands of two 
 Trustees of the Institution for which such payment shall be 
 demanded, according to the form in the Schedule to this Act 
 annexed, marked C ; and the said Treasurer, or Deputy Trea- 
 surer as aforesaid, shall and he is hereby required, within 
 five days after the receipt of such order, to pay such principal 
 and interest out of any moneys remaining in the; Province 
 Treasury; provided nevertheless, that in all cases of payment 
 
168 UNREPEALED ACTS. [6 G. 4, c 4 
 
 of the said Debentures on the said thirty first day of December 
 in each and every year' as hereinafter provided, the order for 
 the payment thereof shall be dated five days preceding. 
 
 12. The interest on all DebentureiS issued in pursuance of 
 the provisions of this Act, and remaining Unpaid, shall be 
 computed up to the said thirty first day of December in each 
 and eVery year incliisive, and tlien paid off, together With the 
 principail of such Debentures, if the Trustees ofs(i6h Institution 
 shall then require such principal to be so paid off; such pay- 
 ihents to be ihade tfpon the order of two of the said Trustees, 
 iii manner hereinbefore diredted, and new Debentures shall, 
 On the first day of January ini'mediately succeeding, be issued 
 for the principal of the said Debentures of which the interest 
 alone shall be so paid off; protided neverthetess, that if on 
 renewing the said Debentures in manner before mentioned, 
 the said Trustees shall require a neW Debenture or Debentures 
 with the interest to be added thereto, (the same being so 
 expressed in the said order of the said Trustees) it shall be 
 lawful for the said Treasurer, or Deputy Treasurer as afore- 
 said, to make out and deliver to the person or persons apply- 
 ing to receive the same, a Debenture or Debentures for the 
 amount of the principal and interest of the original Debenture 
 or Debentures, in lieu of paying the interest in money. 
 
 13. Provided always, Thait the Debentures to be issued in 
 pursuance of the provision^ of this Act, shall never at any time 
 exceed the amount of ten thousand pounds in the aggregate, 
 for the whole Province ; and every Deputy Treasurer to 
 whom any moneys may be paid by the Trustees of any such 
 Institution, and who may have issued any Debenture or 
 Debentures in pursuance of the provisib>ns of this Act, shall 
 four times in each year, that is to say, on the first day of 
 January, the first day of April, the first day of July, and the 
 first day of October, in estch and every year, make a return tO 
 the said Province 'treasurer of all Debentures that have been 
 issued or paid dff by him in the quarter immediately preceding 
 the said days respectively ; and the said Treasurer shall as 
 soon as way be after the said'first day of January in each year, 
 make a Greneral Return to the Lieutenant Governor Or Com- 
 mander in Chief of all Debentures issued or paid off through- 
 out the Province, during the priJCeding year, in pursuance of 
 
6 G. 4, G 4] CNREPEALED ACTS. 169 
 
 the provisions of this Act, to be laid before the General 
 Assembly at theirnext Session; and whenever the Debentures 
 issued in pursuance of the provisions of this Act, sh^U amount 
 in the aggregate for the whole Province to the said sum of 
 ten thousand pounds, the said Treasurer and his Deputies 
 s^hall cease to issue any more such Debentures, and it shall be 
 the duty of the said Treasurer to give the requisite directions 
 to his Dciputies for this purpose. 
 
 14. Provided always, That it shall be lawful to and for the 
 Trustees for the lime being, of any such Institution, to invest, 
 place, and deposit any moneys that may have been paid to such 
 Institution upon interest in any other fund or stock, or upon 
 good and valid security within this Province, in case the so 
 
 : doing may be made to answer the ends of such Institution. 
 
 15. And whereas it is expedient to provide, against an 
 improper investment of moneys under the provisions of this 
 Act, the privilege aforesaid, of paying money into the Province 
 Treasury, and of receiving Debentures for the same, shall be 
 restricted to such Institutions only which shall by one or more 
 of their rules provide that no person making deposits with 
 such Institutions shall at any one time have more than the 
 sum of fifty pounds bearing interest in the funds of such 
 Institution ; and shall also, by one or more of their rules, 
 provide that no description of persons shall be perinitted to 
 make deposits with such Institution except tradesmen, me- 
 chanics, labourers, servants, and other the industrious classes 
 of His Majesty's subjects ; and it shall be lawful for the 
 Treasurer, or Deputy Treasurer as aforesaid, previous to the 
 payment of any sum or sums into the Province Treasury, in 
 pursuance of this Act, to require the production of such rule 
 or rules so limiting the sums to be deposited to the amount 
 above mentioned, and so limiting the description of persons 
 permitted to make deposits with such Institution, certified 
 under the hands of two of the Trustees or Managers of each 
 such Institution respectively. 
 
 16. Provided always. That any benevolent or friendly 
 Society may, through their Treasurer, Steward, or other 
 officer or officers, deposit the whole or any part of their funds 
 in the funds of any Institution which shall take the benefit of 
 this Act, tinder such terms and conditions as shall be specially 
 
170 UNREPEALED ACTS. [6G.'4,.C4 
 
 providied for that purpose by the rules, orders, aud regulations 
 of such Institution, provided the same shall not exceed the 
 amount of one hundred pounds, any thing herein before con- 
 tained to the contrary notwithstanding. 
 
 17. In case any depositor^ in the funds of any such Institu- 
 tion shall die, it shall be lawful for the Trustees or Managers 
 of such Institution, and they are hereby authorized and 
 required, if no Will shall be proved, or no Letters of Admin- 
 istration shall be taken out within six calendar months after 
 the death of the said depositor, to pay the same according to 
 the rules and regulations of the said Institution in such case 
 made and provid«d ; and in the event of there being no rules 
 and regulations made in that behalf, then the said Trustees or 
 Managers are hereby authorized and required to pay, and 
 divide the same, to and amongst the person or persons entitled 
 to the eflFects of the deceased Intestate, according to the Act 
 of Assembly for the distribution of the Estate of Intestates. 
 
 SCHEDULE. 
 
 Form of the Order of the Trustees to make payments into the 
 Province Treasury, to be produced to the Province Treasurer 
 or one of his Deputies. " i 
 
 We, being two of the Trustees of the Saving Bank estab- 
 lished at [insert the Town and County, or City,'] do in pursu- 
 ance of an Act of Assembly of the 6th Cteo. 4th, Chap. — , 
 intituled an Act [here insert the Title of this Act] hereby 
 authorize and direct A. B. to pay into the Province Treasury 
 pounds, and to receive for the same on 
 account of us the said Trustees, a Saving Bank Debenture of 
 the like amount, carrying interest at the rate of six pounds 
 per centum per annum : And we hereby declare that the sum 
 above stated is the exclusive property of the said Saving Bank 
 specified in this our order, arising wholly from individual con- 
 tributors of the description named in the said Act, and not 
 exceeding the amount specified in the said Act for the contri- 
 bution of each contributor, or .arising from: the voluntary dona- 
 tions to the funds of the said Society. 
 Witness our hands this day of 
 
 d' ( Trustees. 
 
6G. 4, c4]'i UNREPEALED ACTS. 171 
 
 Endorsement on the back of the Trustees Order, upon receipt of 
 the Debenture. , 
 
 Received the Debenture within described, in virtue of the 
 foregoing order. 
 
 Witness my hand, . , 
 
 A. Acting for the Trustees. 
 
 (B) 
 
 Form of the Debenture to be issued by the Treasurer or Deputy 
 
 Treasurer. . 
 
 Whereas by virtue of an Act of Assembly of the 6th Geo. 
 4th, Chap. , intituled [insert the Title of this Act] the sum 
 of pounds hath been paid into the Treasury of 
 
 the Province of New Brunswick, on account of the Saving 
 Bank established at [insert the Town and County, or City']. 
 
 Now this Debenture is chargeable on the moneys in the 
 Treasury of the said Province, and entitles the said Saving 
 Bank to the principal sum of pounds, carrying an 
 
 interest after the rate of six pounds per centum per annum, 
 from the day of the date hereof, payable at the office of the 
 Treasurer of the said Province, {or of the Deputy Treasurer 
 for the place where the money be paid in, as the case may be,) 
 by the order of two of such Trustees endorsed thereon, on the 
 thirty first day of December next after the date hereof, or at 
 any time before, upon the production of such order at the said 
 office, the same being endorsed hereon, under the hands of two 
 of the Trustees of the said Saving Bank, directing payment 
 thereof to be demanded by the person producing the same; 
 and the interest shall in all cases be computed to and include 
 the,fiye days following the date of such order. 
 
 Dated this day of 
 
 A. Province Treasurer, 
 (or Deputy Treasurer for .) 
 
 This Debenture is not transferable nor assignable. 
 
 (C) 
 
 Endorsement of the Order of the Trustees on the Debenture to 
 
 receive payment. 
 
 We, two of the Trustees of the Saving Bank within 
 described, do hereby authorize and direct A. B. to demand 
 and receive both the principal and interest of this Debenture 
 
172 UNEEPEALKD ACTS. [6 W. 4, C S2 
 
 in money, {or and receive the interest due thereon in money, 
 and also a new Debenture of the like amount in lieu of this 
 Debenture, bearing the like rate of interest, or a new Deben- 
 ture or Debentures of the like amount, and the interest added 
 thereto, bearing the like rate of interest,) as the case may be. 
 Witness our hands this day of 
 
 A. ) Trustees of the said 
 
 B. ) Saving Bank. 
 
 The receipt of the person acting for the Trustees must be 
 subjoined to the order. 
 
 6th William 4th — Chapter 521. 
 
 An Act to make provision for carrying on the affairs of 
 the Savings Bank at Saint John. 
 
 Section 1. — When and hy whom meeting! of Members, to be called, and what business may 
 be done at the same. 
 
 Passed I6th March 1836. 
 
 Whereas in consequence of the difficulties in which the 
 Bank for Savings established in the City of Saint John has 
 lately been involved, it is expedient to make some further pro- 
 vision by Act of Assembly for carrying on the affairs of the 
 said Institution ; — 
 
 Be it enacted, fyc. — 1. The acting Trustees and Managers of 
 the said Institution, or some two or more of them, are hereby 
 authorized and required, within two months after the passing 
 of this 'Act, to call a meeting of the members of the sai4 
 Institution, and of any persons desirous to become members 
 thereof, giving at least fourteen days notice in two of the 
 Newspapers published in the said City, of the time and place 
 of such meeting, and such meeting shall be deemed to be the 
 annual meeting of the members of the said Institution for the 
 present year under the rules and regulations for the manage- 
 ment thereof deposited and filed in the office of the Clerk of 
 the Peace for the City and County of Saint John ; and it shall 
 be lawful for such persons so assembled at suclj meeting, or at 
 any adjourned meeting, to choose Trustees and Managers, and 
 to alter and amend the said rules and regulations, or to make 
 new rules and regulations for the management of the said 
 Institution ; provided always, that any rules and regulations 
 
4 V. C 20] UNREPEALED ACTS. 173 
 
 80 to be made shall be confol-mable to the provisions of an Act 
 made and passed in the sixth year of the Reign of King 
 George the Fourth, intituled An Act to encourage the estah- 
 ment of Banks for Savings in this Province, and shall be 
 entered, deposited, and filed in the manner directed in and by 
 the said Act. 
 
 4th Victoria — Chapter 20. 
 
 An Act to extend the provisions of an Act' intituled An 
 Act to encourage the establishment of Banks for Savings 
 in this Province. 
 
 Section 1. — What further amontit Treasurer autborized to receive. 
 
 Passed \^th March 1841. 
 
 Whereas in and by the thirteenth Section of an Act made 
 and passed in the sixth year of the Reign of King George the 
 Fourth, intituled An Act to encourage the establishment of 
 Banks for Savings in the Province, it is among other things 
 enacted, that the Debentures to be issued in pursuance of the 
 provisions of the said Act shall never at any time exceed the 
 amount of te^ thousand pounds in the aggregate for the whole 
 Province ; and that whenever the Debentures issued in pursu- 
 ance of the provisions of the said Act shall amount in the 
 aggregate for the whole Province to the said sum of ten 
 thousand pounds, the Province Treasurer and his Deputies 
 shall cease to issue any more such Debentures, and it shall be 
 the duty of the said Treasurer to give the requisite directions 
 to his Duputies for that purpose : And whereas it is deemed 
 expedient to extend the, provisions of the same ; — 
 
 Be it therefore enacted, ifc. — 1. Itshall and maybe lawful for 
 the Treasurer of the Province, and his Deputies, in addition 
 to the sum often thousand pounds to be by them received, and 
 for which they are authorized and empowered to issue Deben- 
 tures in and by this Act, to receive further deposits to the 
 amount of ten thousand pounds, and to issue Debentures 
 therefor in like manner and subject nevertheless to the provi- 
 sions and restrictions in the said Act contained, any thing in 
 the said Act to the contrary thereof in anywise notwithstanding. 
 
174 UNREPEALED ACTS. [4'V. c SO 
 
 4th Victoria — Chapter 30. 
 
 An Act further to amend the Act to encourage the estab- 
 lishment of Banks of Savings in this Province. 
 
 Section 1. — Inspectors of Savings Banks, by whom appointed, and duties. 
 
 Passed ]9th Mar,ch 1841. 
 
 Beit enacted, Sfc. — 1. From andafterthepassing of this Act, 
 His Excellency the Lieutenant Governor or Commander in 
 Chief for the time being, by and with the, advice of Her Ma- 
 jesty's Executive Council, shall have full power and autljority 
 to appoint from time to time, and at any time, two or more 
 persons to examine and inspect the state and condition of the 
 several Banks relating to Savings in this Province, and to report 
 thereon to His Excellency the Lieutenant Governor. 
 
 9th Victoria — Chapter 61. 
 
 An Act further to extend the provisions of an Act intituled 
 An Act to encourage the establishment of Banks for 
 Savings in the Province. 
 
 Section 1. — ^Wliat further amount Treasurer authorized to receive. 
 
 .Passeii I4th Jpril l?iA6. 
 Whereas in and by the thirteenth Section of an Act made 
 and passed in the sixth year of the Reign of King George the 
 Fourth, intituled An Act to encourage the establishment of 
 Banks for ^Savings in the Province, it is among other things 
 enacted, that the Debentures to be issued in pursuance of the 
 provisions of the said Act shall never at any time exceed the 
 amount often thousand pounds in the aggregate for tlie whole 
 Province ; and that whenever the Debentures issued in pur- 
 suance of the provisions of the said Act shall amount in the 
 aggregate for the whole Province to the said sum of ten thou- 
 sand pounds, tiie Province Treasurer and his Deputies shall 
 cease to issue any more such Debentures, and it shall Jbe the 
 duty of tl^e said Treasurer to give the requisite directions to 
 his Deputies for that purpose: And whereas in and by an Act 
 made and passed in the fourth year of the Reign of Her pre- 
 sent Majesty, intituled An Act to pxtend the provisions of an 
 Act intituled ' An Act to encourage the establishment of Banks 
 for Savings in this Province,' it was enacted, that it should be 
 
9 V. C 61] DNREFEALED ACTS. 175 
 
 lawful for the Treasurer of the Province and his Deputies to 
 receive deposits and issue Debentures for the sum of ten 
 thousand pounds, in addition to the said sum of ten thousand 
 pounds mentioned in the first herein recited Act : And whereas 
 it is deemed expedient further to extend the provisions of the 
 said recited Acts ; — 
 
 Be it therefore enacted, &fc. — 1. It shall and may be lawful 
 for the Treasurer of the Province and his Deputies, in addition 
 to the sum of twenty thousand pounds to be by them received, 
 and for which they are authorized and empowered to issue 
 Debentures in and by the said several recited Acts, to receive 
 further deposits to the amount df ten thousand pounds, and to 
 issue Debentures therefor in like manner, and subject never- 
 theless to the provisions and restrictions in the said Act herein 
 first recited contained, any thing in the said last mentioned 
 Act to the contrary thereof in any wise notwithstanding. 
 
 10th Victoria-^Chapter 43. 
 An Act relating to Banks for Saviiigs. 
 
 Sectiou. Section. 
 
 l.'-K^peal of A^ts;v«-ith saving clause. 6. Treasurer how to keep Accounts. 
 
 2. By_ and with whom depositB ^ay be made 7. To furnish Deputies with what books. 
 
 in a County. ' ', ' 8, What commission allowed Deputy 
 
 3. Depositors allowed vfhat interest. Treasurers. 
 
 4. When deposits to be received and paid. ■ 9. Powers of Act confined to wTiat Counties 
 
 5. Deputy Treasurers, when to remit and persons. 
 
 balances, See. 
 
 .-.'■■'. ■ Passed 7a Jpri!\8i7. 
 
 Whereas the Acts now in force relative to Banks for Sav- 
 ings have, in many parts of this Province, been found insuffi- 
 cient to effect the objects contemplated, and it is expedient to 
 repeal the same, (except so far as may relate to the Savings 
 Bank established at the City of Saint John) and to make other 
 provision in lieu thereof; — 
 
 Be it therefore enacted, &fc. — 1. The several Acts hereinafter 
 mentioned, shall be and the same are hereby repealed, (save 
 as is hereinafter otherwise provided) that is to say: — An Act 
 , passed in the sixth year of the Reign of His late Majesty King 
 George the Fourth, intituled An Act to encourage the establish- 
 ment of Banks for Savings in this Province ; and also an Act 
 made and passed in the sixth year of the Reign of His late 
 Majesty King William the Fourth, intituled -4m Act to make 
 
176 UNREPEALED ACTS. [1^ V. p 43 
 
 provision for carrying on the affairs of ike Sainwgs Bank at 
 Saint John ; and also an Act made and passed in the fourth 
 year of the Reign of Her present Majesty, intituled An Act to 
 extend the provisitins of an Act intituled 'An Act to encourage 
 the estaiUshment of Banks for Savings in this Province ;' and 
 also an Act made and passed in the ninth year of the Reign of 
 Her present Majesty, intituled An Act further to extend the 
 ppovMons of an Act intituled ' An Act to encourage the esta- 
 blishment of Banks for Savings in this Province ;' prov;ided 
 always, that nothing in this Act contained, shall extend to re- 
 peal «ny of the said recited Acts, so far as they or any of them 
 repeal any foriraer Act or Acts, or so far as respects any act, 
 matter, or thing heretofore done under or by virtue of the said 
 Acts, or so far as may relate to any Savings Bank established 
 or to be established under the provisions of the said Acts, at 
 the City and County of Saint John, but that any such Bank 
 so established or to be established, agreeably to the provisions 
 of all or any of the said recited Acts, shall be good, efficient, 
 and valid to all intents and purposes, as if this Act had not 
 been made and passed ; and provided also, that nothing in 
 this Act contained shall be construed in any way to affect or 
 repeal any of the provisions of an Act made and passed in the 
 ninth year of the Reign of Her present Majesty, intituled An 
 Act to make provision for minding up the affairs of the Savings 
 Bank at Fredericton. 
 
 2. All tradesmen, mechanics, labourers, servants, and others 
 the industrious classes of Her Majesty's subjects in this Pro- 
 vince, and likewise the Treasurer of Friendly Societies, estab- 
 lished or to be established therein, may deposit their respec- 
 tive savings with atiy Deputy Treasurer of the County, in or 
 near which such depositor may happen to reside, which deposits 
 every such Deputy Treasurer is hereby authorized and requi- 
 red to receive as hereinafter mentioned. 
 
 3.' Every such depositor shall be entitled to receive for the 
 moneys so deposited, interest at the rate of five per cent, per 
 annum, provided that no one depositor shdll be allowed or 
 entitled to receive at any time interest for a greater sum than 
 fifty pounds. 
 
 4. It shall be the duty of every such Deputy Treasurer to 
 attend (at the usual place where he keeps his office) on the 
 
10 y. C 43] UNREPEAtED ACTS. 177 
 
 first Monday in every month, from ten to three p'clock of the 
 same day, for the purpose of receiving any such deposits, and 
 in like manner to attend on the .first Tuesday after the said 
 first Monday in each month, for the purpose of paying out to 
 any depositor such portion pf such deposits as the depositor 
 may wish to withdraw; provided that no less a sum than 
 twenty shillings shall be reififeived or pai^ out on any such day 
 from or to any one such depositor ; and. provided that in all 
 cases when such Deputy Treasurer shall not have sufiicient 
 funds in hand to pay such depositor the amount required at 
 the time the same may be so required, the same shall be paid 
 by a negotiable draft on the Province Treasurer. 
 
 6. On the first Wednesday after the stiid first Monday in 
 every month, or as soon after as conveniently may be, the said 
 Deputy Treasurers shall remit any balance of deposit moneys 
 which may be in their hands to the Province Treasurer, with 
 an Account or Schedule of the several deposits received or 
 withdrawn during the said Monday and Tuesday of the same 
 month. 
 
 6. The said, Province Treasurer shpll open a separate Ac- 
 count \vith each of the Deputy Treasurers, shewing the sums 
 deposited with and withdrawn from them respectively ; and 
 at the end of each and every year he shall and is herebj re- 
 quired to make and transmit to the Auditor Creneral or Pro- 
 yincial Secretary, an Abstract of such Accounts, in order to 
 its. being laid before the Legislature. 
 
 7. It shall be the duty of the said Province Treasurer to 
 furnjsh such Def)uty Treasurers with all such necessary books 
 and printed blanks as may be required for the purposes of this 
 Act, the same to be charged by and allowed to him as a part 
 of the contingent expenses of his ofiice. 
 
 8. Such Deputy Treasurers shall be allowed to charge in 
 their^Accpunts against the Province, over and above any other 
 commission under the, Act to provide, for the collection of the 
 Revenue, a commission pf one per cent, and no more for all 
 moneys so, deposited with them. 
 
 9. The powers vested in the several Deputy Treasurers in 
 and by the second Section of this Act, to receive deposits, shall 
 be confined t^ Miramicbi, in the County of Northumberland; 
 Richibucto, in the County of Kent ; Bathurst, in the County 
 
 12 
 
178 UNREPEALED ACTS. [15 V. C 58 
 
 of Gloucester ; Dalhousie, in the County of Restigouche ; 
 Shediac, in the County of Westmorland ; and Saint Andrews, 
 in the County of Charlotte ; any thing contained in this Act to 
 the contrary notwithstanding; and no other, save and except 
 the Deputy Treasurers established at the aforementioned ports 
 or places, shall be allowed to receive any deposit or deposits 
 authorized by this Act. 
 
 15th Victoria — Chapter 58. 
 
 An Act further to extend the provisions of the Bank for 
 Savings at Saint John. 
 
 Section. Section, 
 
 1. What farther araonnt Treasurer may 3. When Trustees may repay loss formerly 
 receive in Saint John. sustained. ■ 
 
 '.S. Debentures may be called in aad paid 
 unless interest reduced- 
 
 Passed IlK Jpril"lS52. 
 
 Be it enacted, Sfc. — 1. It shall be lawful for the Treasurer 
 of the Province to receive further deposits from the Savings 
 Bank established in the City of Saint John, and to issue De- 
 bentures for the same, in like manner and subject to the like 
 restrictions and provisions as are contained in the Act of As- 
 sembly passed in the sixth year of the Reign of His Majesty 
 George the Fourth, intituled An Act to encourage the estab- 
 lishment of Banks for Savings in this Province, provided that 
 the whole amount shall not exceed fifly thousand pounds over 
 and above the amount for which Debentures have already 
 issued and deposits been received within the Province ; and 
 provided further, that the interest which the said Savings 
 Bank in Saint John shall be entitled to receive on such Deben- 
 tures shall not exceed the rate of five per cent, per annum. 
 
 2. The Provincial Treasurer shall from time to time call in 
 any of the Debentures already issued, and pay the same, as 
 well as any of the said deposits, unless the holders of such 
 Debentures or the depositors shall prefer to continue the same 
 in the Public Treasury, in which case he shall issue new De- 
 bentures at a reduced rate of interest, or reduce the rate of 
 interest to the amount per cent, per annum above mentioned, 
 by endorsement on the Debentures already issued ; such De- 
 bentures to be of the like form, and subject to the like restric- 
 
45 G. 3, C 12] UNREPEALED ACTS. 179 
 
 tions and provisions as in the said recited Act mentioned, 
 except so far as this Act shall control the same. 
 
 3. And whereas a grant of the sum of one thousand two 
 hundred and ninety three pounds ten shillings and ten pence 
 was made out of the Treasury of this Province in the year of 
 our Lord one thousand eight hundred and thirty six, to make 
 up a loss sustained by the Savings Bank at Saint John, and it 
 is just that the ^ame should be repaid out of the profits arising 
 from the management of the said Savings Bank ; — It shall be 
 lawful for the Trustees or Managers of the said Savings Bank 
 from time to time to pay out of any profits which may at any 
 time be in or belong to the said Savings Bank, after all interests 
 due the depositors and expenses of management are paid, into 
 the hands of the Province Treasurer for the public service, such 
 instalments of the said sum of one thousand two hundred and 
 ninety three pounds ten shillings and ten pence as they may 
 deem advisable, until the whole of such sum shall be finally 
 rejiaid. 
 
 45th George 3rd — Chapter 12. 
 
 An Act for encouraging and extending Literature in this 
 
 Province. 
 
 Section, Section. 
 
 1. Public Grammar School, where estab- 5. Vacancies in Board, how filled. 
 
 lisbed. 6. Repealed, 
 
 2. Corporation, how established. 7. Free Scholars. 
 
 3. Board, who to form, and powers. 8. School, how endowed. 
 
 4. Who to act as President, and what dnties. 
 
 Passed 5th Mmch 1805. 
 
 Whereas the Education of Youth is of the utmost impor- 
 tance in Society, and public attention to that object has by 
 experience been found to be attended with the most beneficial 
 effects ; — 
 
 Be it therefore enacted, Sfc. — 1. That a Public Grammar 
 School be and the same is hereby established in the City of 
 Saint John. 
 
 2. The Rector of Trinity Church in the said City for the 
 time being, the Mayor of the said City for the time being, and 
 the Recorder of the said City for the time being, together with 
 the Honorable George Leonard, Esquire, Jonathan Bliss, 
 William Pagan, John Robinson, John Black, and Thomas 
 
180 UNREPEALED ACTS. [45 G. 3, C 12 
 
 Wetmore, Esquires, inhabitants of the said City, be and th^y 
 are hereby appointed Trustees and Directors of the said School, 
 und the said Rector of Trinity Church always to be President 
 of the Board ; and that the said President and Directors shall 
 be and they are hereby incorporated by the name of *' The 
 President and Directors of the Public Grammar School in the 
 City of Saint John," and shall by that name have perpetual 
 succession, and be enabled to sue and be sued, in^plead and 
 be imjileaded, answer and be answered unto, and to receive, 
 take, and hold gifts and grants of lands and real estate, (the 
 annual income of which shall not exceed one thousand pounds) 
 and to accept and receive donations for the erection of a bnild- 
 i(ig for and the endowment of the said School. 
 
 S.VTbe President and Directors of the said Grammar Sefiool, 
 and their successors, or the major part of them, when du}y 
 summoned and assembled, shall form a Board for dispatch of 
 business, and such Board of Dire«rtors, or the major part of 
 them so assembled, are hereby empowered to point oat and 
 procure a proper place whereon to erect the building for the 
 said School, to contract for and superintend the building 
 thereof, to provide a IMasterand one or more Ushers or Tutors, 
 as they shall judge expedient, and from time to tinre tomake 
 and establish bye laws, ordinances, and regulations for the 
 government of the said School, and to enforce obedience to the 
 same by fines and expulsions, or other public censures, as they 
 may judge proper. 
 
 4. During any vacancy or absence of the Rector of the said 
 Church, the Mayor of the said City shall act as President j and 
 it shall be the dtity of the President at all times to summon a 
 Board of Directors whenever the same shall be requested by 
 three or more of the said Directors j and in case of sickness or 
 absence of the said Rector, the Board may be summoned by 
 the said Mayor, and in case of the inability or absence of both, 
 the said Board tnay be summoned by the said Riecorder. 
 
 5. In case of death or removal from the said City 'of any of 
 the ^aid Directors not belffgi permanent by aiffice,'the rentiliin- 
 Itlg Directors at a Board for that purpose, ho be snmtnoned 
 within three months after, shall elect another fit person, being 
 an inhabitant of thesaid City, for > his successor, who' being 
 approved of by the Commander in Chief of the said Province 
 
56 Gr. 3, © t5]i UNREPEALED ACTS, 181 
 
 for the eim«' being, shall be one of the Directons. of the said 
 School, and every other vacancy shall be filled from time to time 
 in like manner^ 
 
 6. Repealed by 5 W. 4, cap. 30. See pos^t. page 194. 
 
 7. Whenever the said President and Directors shall think 
 pfoper tliey may admit any number not exceeding eight, to be 
 free Scholars of the said Grammar School, without any charga. 
 for their tuition. 
 
 8. That one hundred pounds annually be Included in the 
 estimate for the ordinary expenses of the Province, and 
 granted to the said President and Directors of the said Public 
 Grammar School, to be applied by them for or towards 
 the support of (be Master thereof; and that the sum of 
 one hundred pounds be granted to the said President and 
 Directors, for the purpose of assisting them to .purchase or 
 erect a building for the said School ; and that they, the said 
 President and Directors, shall be accountable from time to time 
 to the Legislature of the Province for their conduct and man- 
 agement of the property so vested and to be vested in them by 
 virtue and in pursuance of this Act ; provided always, that as 
 soon as the annual sum of said Grammar School, in whatever 
 manner the same may arise, shall amount to six hundred 
 pounds, then and in such case the annual sum of one hundred 
 {iounds hereby granted shall cease. 
 
 56th George 3rd — Chapter 15. 
 
 An Act for establishing a Grammar School in the Town 
 of Saint Andrews, in the Countj of Charlotte. 
 
 Section. Section. 
 
 1. Grammar School established. 6. Yisitfttions, when held. 
 
 2. Corporation, httw instituted. 7. !^ree Scholars^ 
 
 3. Building foj? School, how obtained. 8. What sums to be allowed for School and 
 
 4. Board, hpw sgmjmoned. building, and when to cease. 
 
 5. Vacancies, how filled. 
 
 Passed lUh March 1816. 
 
 Whereas the Education of Youth is of the utmost impor- 
 tance in Spciety, and public eittention to that object has by 
 experience been found to be attended with the most bpneficia,! 
 effects; — 
 
 Be it therefore enacted, &fc. — 1. That a Public Grammar 
 
182 UNREPEALED ACTS. [56 G. 3, C 15 
 
 School be and the same is hereby established in the Town of 
 Saint Andrews, in the County of Charlotte. 
 
 2. The Rector of Saint Andrews Church, in the Parish of 
 Saint Andrews, for the time being, together with Robert Pa- 
 gan, John Campbell; John Dunn, Colin Campbell, David W. 
 Jack, Harris Hatch, Thomas Wyer, Junior, and John Strang, 
 inhabitants of the County of Charlotte, be and they are hereby 
 appointed Trustees and Directors of the said School, the said 
 Rector for the time being always to be President of the Board ; 
 and that the said President and Directors shall be and they 
 are hereby incorporated by the name of " The President and 
 Directors of the Public Grammar School in the Town of Saint 
 Andrews," and shall by that name have perpetual succession, 
 and be enabled to sue and be sued, implead and be impleaded, 
 answer and be answered unto, and to receive, take, and hold 
 gifts and grants of land and real estates, (the annual income 
 of which shall not exceed one thousand pounds) and to accept 
 and receive donations for the erection of a building and for 
 the endowment of the said School. 
 
 3. The President and Directors of the said Grammar School^ 
 and their successors, or the miajor part of them, when duly 
 summoned and assembled, shall form a Board for the dispatch 
 of business, and such Board of Directors, or the major part 
 of them so assembled, are hereby empowered to point out and 
 procure a proper place whereon to erect the building for 
 the said School, to contract for and superintend the building 
 thereof, to provide a Master and one or more Ushers or 
 Teachers, as they shall judge expedient, and from time to 
 time to make and establish bye laws, ordinances, and regula- 
 tions for the government of the said School, and to enforce 
 obedience to the same by fines and expulsions, orsother public 
 censures, as they may judge proper. 
 
 4. During any vacancy in the Rectory, or absence of the 
 Rector of the said Church, the senior Member of the Board of 
 Directors shall act as President ; and it shall be the duty of the 
 President at all times to summon a Board of Directors when- 
 ever the same shall be requested by three or more of the said 
 Directors ; and in case of the sickness or absence of the said 
 Rector, the Board may be summoned by the said senior 
 Member. 
 
4 G. 4, C 33] UNREPEALED ACTS. 183 
 
 5. In case of the death or removal from the said County of 
 any of the said Directors, the remaining Directors at a Board 
 for that purpose to be summoned, shall elect another fit person, 
 being an inhabitant of the said County, for his successor, who 
 being approved of by the Commander in Chief of the said 
 Province for the time being, shall be one of the Directors of 
 the said School, and every other vacancy shall be filled from 
 time to time in like manner. 
 
 6. The said President and Directors shall hold public visita- 
 tions and examinations of the said School twice in every year, 
 to wit, on the first Tuesday in April and first Tuesday in 
 September. 
 
 7. Whenever the said President and Directors shall think 
 proper, they may admit any number not exceeding eight, to be 
 free Scholars of the said Grammar School, without any charge 
 for their tuition. 
 
 8. That one hundred pounds annually be included in the esti- 
 mate for the ordinary expenses of the Province, and granted to 
 the said President and Directors of the said Public Grammar 
 School, to be applied by them for or towards the support of the 
 Master thereof, when such Master shall be procured ; and that 
 the sum of two hundred pounds be granted to the said Presi- 
 dent and Directors, for the purpose of assisting them to pur- 
 chase or erect a building for the said School ; and that they, the 
 said President and Directors, shall be accountable from time to 
 time to the Legislature of the Province for their conduct and 
 management of the property so vested and to be vested in 
 them by virtue and in pursuance of this Act; provided always, 
 that as soon as the annual income of said Grammar School, in 
 whatever manner the same may arise, shall amount to six 
 hundred pounds, then and in such case the annual sum of one 
 hundred pounds hereby granted shall cease. 
 
 4th George 4th — Chapter 33. 
 
 An Act to enable the Governor and Trustees of the Col- 
 lege of New Brunswick to make a conditional surrender 
 . of their Charter, and for the further endowment of the 
 College upon the granting of a new Charter, 
 
184 UNREPEALED ACTS. [4 G. 4, C 33 
 
 Section. Section. 
 
 1. TraBtee«ofCollego empowered to Burren- 3. Wben old Charter vacated, in whmt 
 der Charter. Proviso. property to vest. How tenants affected. 
 
 S. Fow^rb Af His Majesty on granting new . Statutes annulled, with what effect. 
 
 Charter. 4. Repealed. 
 
 5. Suspending clause. 
 
 Passed 25th March 1823. 
 Whereas the Governor and Trustees of the College of New 
 Brunswick have, by their Petition under their Seal of Incor- 
 poration to this General Assembly, stated " that by a Pro- 
 " vincial Charter under the Great Seal of this Province, bear- 
 " ing date the twelfth day of February in the year of our 
 " Lord one thousand and eight hundred, granted in the King's 
 " name, during the administration of the late Lieutenant Go- 
 " vernor Carleton, the College of New Brunswick was esta- 
 " blished and incorporated, with perpetual succession, by the 
 " name of" The Governor and Trustees of the College of New 
 " Brunswick," and with power to confer Degrees in the liberal 
 " Arts and Sciences, in the same manner as they are conferred 
 " by the Universities in England ; that until very lately the 
 " funds and state of the Corporation were such as to prevent 
 " the Petitioners from attempting to put the Institution into 
 " any thing like a Collegiate form ; that an attempt has re- 
 " cently been made to organize, and to put into operation, the 
 " College, and a President was accordingly appointed, and 
 " Statutes proposed and established, under which four Stu- 
 " dents were matriculated ; that the Petitioners are very de- 
 " sirous to see the Institution placed upon a respectable footing, 
 *' and so 'as to ensure to those who may receive their ihstruc- 
 " tion there, all the advantages which usually result from a 
 " Collegiate education ; that in order to effect the same, the 
 " Petitioners are of opinion the first step to be taken will be 
 »' to surrender the present Charter into the hands of His Ma- 
 " jesty, and to solicit one in its place to pass under the Great 
 " Seal of the United Kingdom, which the Petitioners have 
 " reason to hope may be obtained, together with some other 
 " marks of His Majesty's favour ; that the estates and pro- 
 " perty already veste.d in the Corporation are so cirpumstanced 
 " as to make it necessary that an Act of the General Asseni- 
 " Jbly should pass, tp enable tl^iem to surrender the present 
 " Charter, conditipnally', so as to preserve the rights of *the 
 " College and the interests of those who hold under titles from 
 
4'G. 4, C 33i] UNREPEALED ACTS. 185 
 
 " the ]?etitiohers, a^d who are connected with the Institution:" 
 And wliereas the said Governor and Trustees by their said 
 t*etition, have prayed that such an Act liiay pass the General 
 Assembly as may answer the intended piirpose;^ — 
 
 Be it therefore enacted, &fc. — 1. The said Govei'nor and 
 Trustees of the College of New Brunswick, shall and may 
 hiave power and authority, and they are hereby authorized and 
 etliipdwetfed, by a'n Instruni'^nt iii writing under their said Seal 
 of Incorporation, to surrender into His M'aj'eSty'i hands the 
 said Charter of Incorporation, bearing date as aforesaid' the 
 twelfth da!y of February in th'e year of our Lord one thousand 
 and eight hundred, upon condition that His Majesty will 
 accept of the saihe,' atid will be graciously pleased to grant 
 another Charter in its place, for the re-incorporation of the said 
 College ; provided always, that Until such new Charter shall 
 be granted, and the same go into operation, thb said Provincial 
 Charter; and the poivers of the said Governor and Trustees, 
 and all estates and rights vested in them, and all statutes, 
 rules; and orders made or to be riiade by them, shall continue 
 to exist in the same mariner, to all intents and purposes, as if 
 this Act, and the surrender so to be made under and by virtue 
 hereof; hail not been made; ahy thing herein Contained to the 
 contrary in any wise notwithstanding. 
 
 2. Should His Majesty be graciously pleased to favour this 
 Province with such a Charter as is intehded to be prayed for 
 by the said Petition, His said Majfesty shall be deemed and 
 taken to be the Founder of the College, and shall be vested 
 with all the rights and powers by law belonging to the Founder 
 of a College, and that His siaid Majesty may in and by such 
 new Charter, nomiuate, constitute, and appoint such persons 
 to form the Corporation of the College, and such persons to be 
 Patron and Visitor respectively, with such powers and autho- 
 rities to be vested in them severally, and in general may put 
 the said Collegiate establishment upon such a footing as to His 
 said Majesty in his Royal wisdom may seem meet. 
 
 3. Immediately upon the commencement of the exer- 
 cise of the powers to be \r'^sted by the conteinplated hevv 
 Ctiknei', VKe ^ajd Provincial Charter, arid the enrolriient 
 thereof in the Chancery, shall Be, and shall hie deemed and 
 taken to be, ipso facto cancelled and annulled, and that all 
 
186 UNREPEALED ACTS. [9 & 10 G. 4, C 29 
 
 powers and authorities vested, as well in the said Governor 
 and Trustees, as in all and singular the officers by them ap- 
 pointed, shall from that time cease, and that all debts at that 
 time due and owing to the said Governor and Trustees, shall 
 thence become debts due and owing to the new Corporation 
 of the said College, and recoverable in the name of such new 
 Corporation as if the same debts had been contracted with 
 them ; and that property real and personal of every kind and 
 description which may at that time belong to and be holden 
 by the said Governor and Trustees, shall immediately there- 
 upon be transferred to and vested in the said new Corporation, 
 and be holden thenceforth by such new Corporation in the 
 same manner as the said Governor and Trustees might have 
 held and enjoyed the same if the surrender of the said Pro- 
 vincial Charter had not been made ; and that all tenants of 
 the said Governor and Trustees, shall thereupon be deemed 
 and taken to be tenants of the said new Corporation, in the 
 same manner as if they had originally become tenants of such 
 new Corporation ; and that all the statutes, rules, and orders 
 of the said Governor and Trustees of the College of New 
 Brunswick, shall thenceforth cease to exist ; provided always, 
 that the Graduates and Students of the said College shall be 
 entitled to all the benefits resulting, or which would have re- 
 sulted to them severally, if such statutes, rules, and orders had 
 continued in force, and such surrender had not been made, 
 any thing herein contained to the contrary notwithstanding. 
 
 4. Repealed by 9 & 10 G. 4, cap. 29. See post, page 188. 
 
 5. This Act shall be deemed and taken to be a Public Act, 
 
 but not to be in force until His Majesty's Royal approbation 
 
 be thereunto had and declared. 
 
 [ This ^ct was confirmed, finally enacted, and ratified, by an Order of His 
 Majesty in Council dated at the Court of ffindsor the \ith of November 1B23.] 
 
 9th and 10th George 4th — Chapter 29. 
 
 An Act for the endowment of King's College at Fredericton, 
 in the Province of New Brunswick, and also to make 
 new provisions for the establishment and support of 
 Grammar Schools throughout the Province. 
 
9 & 10 G. 4, C 29] UNREPEALED ACTS. 187 
 
 I 
 Section. Section. 
 
 1.' Rights of Governor and Truateee, how 11. Trustees, when to visit Schools. 
 < transferred. Graduates, &c. entitled 12. Course of tuition, and admission of free 
 to what privileges. Scholars. 
 
 2. Repeal of Acts. 13. For what Counties suras allowed for 
 
 3. Endowment. Grammar Schools, and how drawn. 
 
 4. On what condition. 14. On what condition allowed. 
 
 5. The Douglas Medal. 15. When and how to be drawn, and revert 
 
 6. Repeal of Acts, with saving clause. 18. Master, &c.of9chool,notto pay anything. 
 
 7. Trustees of Grammar Suhools, how ap- 17. Who not to be Master, ifcc. 
 
 pointed. IS. Trustees and Bye Laws to continue. 
 
 8. Powers of Trustees. 19. Trustees, to whom accountable. 
 
 9. Further powers of. Their Bye Laws, SO. Grammar Schnol in Saint John, to what 
 
 how approved. ^ additional sum entitled. 
 
 10. Licence to teach, when required.' 21. Act deemed Public. 
 
 Passed \Qlh February ]829. 
 Whereas in pursuance of the power and authority in them 
 vested by an Act passed in the fourth year of His Majesty's 
 Reign, intituled An Act to enable the Governor and Trustees 
 of the College of New Brunsvnck to make a conditional sur- 
 render of their Charter, and for the further endovmient of the 
 College upon the granting of a new Charter, the said Governor 
 and Trustees did by an Instrument in writing under their Seal 
 of Incorporation, surrender into His Majesty's hands their 
 Charter of Incorporation, upon condition that His Majesty 
 would accept the same and be pleased to grant another Charier 
 in its place for the re-incorporation of the said College : And 
 whereas His Majesty has been graciously pleased to accept 
 the said resignation so made by the said Governor and Trustees 
 of their said Charter of Incorporation, and to grant in the 
 place thereof a Royal Charter under the Great Seal of the 
 United Kingdom, bearing date the fifteenth day of December, 
 in the eighth year of His Majesty's Reign, thereby establishing 
 a College with the privilege of a University, by the name of 
 King's College, and incorporating the Members thereof by the 
 name and style of " The Chancellor, President, and Scholars 
 of King's College at Fredericton, in the Province of New 
 Brunswick :" And whereas in and by the said Act it was fur- 
 ther provided, that immediately upon the commencement of 
 the exercise of the powers to be vested by the contemplated 
 new Charter, the said Provincial Charter and the enrolment 
 thereof should be deemed and taken to be ipso facto cancelled 
 and annulled, and the property and debts of the said Governor 
 and Trustees transferred to and vested^in the new C0.j;poration : 
 And whereas on the first day of January in this present Ses- 
 sion a commencement was made of the exercise of the powers 
 vested by the said new Charter ; — 
 
UNREPEALED ACTS. [9 & 10 G. 4, C 29^ 
 
 Beitthereforedeclared andenacted, ^c.-^l. Alldebtsdueand 
 owing totheGovernor and Trustees cjf the College of New Brun- 
 swick, shall be paid to, and may be recoverable by and in the name 
 of "The Chanceiior, President, and Scholars of King's College 
 at Fredericton, in the Province of New Brunswick," in the same 
 manner as if the said debts had been contracted with them ; 
 and all property, real and personal, of the said Governor and 
 Trustees, has now become vested in the said new Corporatipn. 
 ' and shall be holden henceforth by them in the same manner 
 as the said Governor and Trustees might have held the same ; 
 and all tenants of the said Governor and Trustees shall be 
 deemed and taken to be tenants of the said new Corporation, 
 and the said new Corporation are and shall be liable to 
 the debts, contracts, and engagements made and entered into 
 by the said Governor and Trustees, in the same manner as if 
 the same had been contracted by the said new Corporation ; 
 and the Graduates and Students of the late College of New 
 Brunswick shall be deemed and taken to be Graduates and 
 Students of the present University of King's College, and 
 entitled to the rights and privileges as such. 
 
 2. And whereas by the Acts now in force, the several yearly 
 sums of one hundred pounds, one hundred and fifty pounds, 
 and six hundred pounds, have been appropriated for the sup- 
 port and endowment of the College, and the Schools connected 
 therewith ; and the further annual sum of two hundred and 
 fifty pounds was pledged by a Resolution of the House of As- 
 sembly, for the better endowment of the College, in considera- 
 tion of the Royal aid which has been promised for tha>t purpose: 
 And whereas it is deemed expedient to repeal those Acts, and 
 grant in this Act the aforesaid sum ; — An Act passed in the 
 forty fifth year of the Reign of His late Majesty King George 
 the Third,, intituled An Acpfor granting aid in support of the 
 College of New Brunswick, incorporated by Charter, and estab- 
 lished at Fredericton ; and also, an Act passed in the fifty sixth 
 year of the Reign of His said late Majesty, intituled An Act 
 for granting further aid in support of the College of New 
 Brunswick, and of the public Grammar School of the City of 
 Saint John ; and the fourth Section of the said Act passed in 
 the fourth year of His present Majesty's Reign, be and are 
 hereby severally repealed. 
 
9 &, 10 G. 4, C 28] UNREPEALED ACTS. 189 
 
 3. That there be granted to the said Chaneellor, President, 
 and Scholars of King's- College at Frederieton, in the Province 
 of New Brunswick, and their successors, for the endowment of 
 the said College, and also the establishment and support of Col- 
 legiate Schools, the yearly sum of eleven hundred pounds, to 
 be paid from the Treasury of the Province, and drawn out of 
 the same by Warrants of the Lieutenant Governor or Comman- 
 der in Chief of this Province for the time being, by and with 
 the advice and consent of His Majesty's Council. 
 
 4. Provided always, That the sum of money hereby granted 
 is upon condition, that His Majesty will be graciously pleased 
 to grant for the further endowment of the said King's College 
 the annual sum of one thousand pounds sterling, out of His 
 Majesty's! Casual Revenue of this Province, or from such other 
 branch of His Majesty's Royal Revenue as he may be pleased 
 to appoint for that purpose ; provided nevertheless, that 
 nothing herein contained shall extend or be construed to 
 authorize the appropriation of any part of the Public Revenue 
 of this Province, without the consent of the Legislature thereof. 
 
 5. Whereas His Excellency Sir Howard Douglas, Baronet, 
 Lieutenant Governor of this Province, and Chancellor of the 
 said University, has been pleased to intimate his wish and 
 intention to make a donation of the sum of one , hundred 
 pounds, to be placed in some safe funds on interest, and the 
 yearly interest to be applied to the purchase of a suitable Medal 
 or prize for the best composition in prose or verse.in the Greek, 
 Latin, or English language, on such subject as the Chancellor 
 for the time being may appoint, under any regulations to be 
 made for that purpose by the Chancellor and College Council ; 
 and it is the express desire of His Excellency, that the said 
 sum should be placed in the Treasury of the Province, under 
 the security of the Legislature ; — Upon the said sum of one 
 hundred pounds being paid by His Excellency into the Treasury 
 of the Province, the same may be applied to the public service 
 
 •of the Province, to be disposed of as other public moneys 
 by the I Legislature; ; and that yearly and every year from 
 henceforth ; for ever, there be, paid out of the Treasury of this 
 Province to the Chancellor of the said University for, the time 
 being, the sum of ten pounds, to/ be applied and disposed' of 
 according to the munificent intention of the donor. 
 
190 UNREPEALED ACTS. [9 &, 10 G. 4, C 29 
 
 6. And whereas many of the provisions of the several Acts 
 for the estabUshment of Grammar Schools in the several Coun- 
 ties of this Province have been found inadequate for the pur- 
 poses thereby intended, and it has become expedient to alter 
 and make the same more effectual ; — An Act made and passed 
 in the fifty sixth year of the Reign of His late Majesty King 
 George the Third, intituled An Act to establish Grammar 
 Schools in the several Counties of this PrSvince ; also, an Act 
 made and passed in the fourth year of His present Majesty's 
 Reign, intituled An Act to alter the Act for the establishment 
 of Grammar Schools in the several Counties of this Province, 
 be and the same are hereby repealed ; saving and reserving 
 nevertheless to the Trustees and Directors of any Grammar 
 Schools, all such sum or sums of money which may be due and 
 payable to them at the time of passing this Act, under and by 
 virtue of any of the provisions of the said last two recited Acts. 
 
 7. His Excellency the Lieutenant Governor and Commander 
 in "Chief for the time being, by and with the advice and consent 
 of His Majesty's Council, shall be and he is hereby authorized 
 and empowered to appoint during pleasure, and to remove as 
 he shall see fit, three or mor^ fit and proper persons in the 
 several Counties of this Province, the Counties of York and 
 Charlotte, and the City and County of Saint John excepted, 
 to be Trustees and Directors of the Grammar Schools in 
 each of the said Counties, except as aforesaid, and for which 
 they shall be respectively appointed. 
 
 ' 8. The said Trustees and Directors of the said Grammar 
 Schools in each of the said Counties respectively, except as 
 aforesaid, or the major part of them, shall form and con- 
 stitute a Board for the management of the said Schools respec- 
 tively, with full power and authority to procure and provide proper 
 places whereon to erect suitable buildings for the said Schools 
 in their respective Counties, and to accept and receive dona- 
 tions for the erection of such buildings and for the endowment 
 of the said Schools, and to purchase and hold lands and real 
 estate in trust and for the use of such Schools, and that they 
 be enabled to sue and be sued, implead and be impleaded, an- 
 swer and be answered unto, by the name and description of 
 Trustees and Directors of their respective Schools. 
 
 9. The said Trustees and Directors, or the major part of 
 
9 & ID G'. 4, C 29] UNREPEAtED ACTS. 191 
 
 tbem, in each of their respective Counties, except as aforesaid, 
 are hereby empowered to procure and retain a Master or 
 Usher for their said respective Schools, and to make and esta- 
 blish bye laws, ordinances, and regulations for the government 
 of the said Schools, and to enforce obedience to the same by 
 expulsion or other public censure as they may judge proper, 
 and to fix and determine the rates of tuition at the said 
 Schools ; provided always, that no such bye l&ws, ordinances, 
 or regulations shall have any force or effect until they shall 
 have received the approbation of His Excellency the .Lieu- 
 tenant Governor or Commander in Chief for the time being. 
 
 10. No Master or Masters, Usher or Ushers shall be em- 
 ployed to teach in any School or Schools now established or 
 hereafter to be established in this Province, unless such Master 
 or Usher shall be duly qualified and licenced as is required in 
 and by His Majesty's Royal Instructions. 
 
 11. The said Trustees and Directors shall hold public visita- 
 tions and examinations of the said Schools twice in each and 
 every year, that is to say, on the first Monday in May and the 
 first Monday in November. 
 
 12. The Scholars shall be taught in the said Schools English 
 Grammar, the Latin and Greek Languages, Orthography, the 
 use of the Globes, and the practical branches of the Mathema- 
 tics, and such other useful learning as may be judged ne- 
 cessary ; and the said Trustees and Directors for the respective 
 Counties shall be and they are hereby authorized and em- 
 powered to nominate and send to the said Schools any number 
 of boys not exceeding eight to any one School, to be taught 
 gratis, and such boys, shall be instructed in all the branches of 
 education which are taught at the said Schools respectively, or 
 such parts thereof as tbe said Trustees and Directors shall 
 direct, and in the same manner as any other Scholars ; and 
 on the removal of any such boys frpm the said Schools respec- 
 tively, the Trustees and Directors shall and may appoint and 
 send others in their stead, so as to keep up at all times the full 
 number of eight free Scholars in each of the said Schools ; 
 provided always, that such boys be poor orphans or children 
 whose parents cannot afford to pay for their education. 
 
 13. The sum of one hundred pounds annually shall be in- 
 cluded in the estimate of the ordinary expenses of the Province 
 
192 UNREPEALED ACTS. {9 &. 10 G. 4, C 29 
 
 for each of the following Counties, that is to say, the Counties 
 of Northumberland, Sunbury, Westmorland, Gloucester, and 
 Kent, and Queen's and King's Counties ; which said sum of 
 one hundred pounds shall be granted annually for the payment 
 of the Masters thereof respectively ; the same to be drawn on 
 the certificate of the Trustees and Directors in favour of the 
 person or persons entitled thereto. 
 
 14. No Grammar. School in any of the said last mentioned 
 Counties shall be entitled to the said sum of one hundred 
 pounds in the next ^preceding Section mentioned, unless the^ 
 inhabitants of the County in which such. School shall be esta- 
 blished shall have raised or subscribed, and bona fide to be 
 paid, the .further sum of fifty pounds in aid and support , of the 
 Master thereof. 
 
 15. Whenever the said Trustees and .DiriCptors in any of 
 the said Counties last mentioned, shall certify to His jE^Jfc?!" 
 lency the Lieutenant Governor or Commander in Chief for the 
 time being, that a building suitable for a Grammar School 
 hath been provided in such County, and that they, the said 
 Trustees and Directors, have provided a competent Ma?ter to 
 manage and tpaph the. said School, and, that the sum of. fifty 
 pounds hath be^ raised or sjibscri^jed, and. to be bona fide paid 
 by the ipbabitants of such County to the said Trustees and Di- 
 rectors of such School in aid of the support and maintenance 
 of the said Master, that then and in such case.it shall be law- 
 ful for His Excellency tlje Lieutenant Governor or Com- 
 mander in Chief for the time being, by and with the advice 
 and consent of His. JWajesty's Council, to draw on the Treasury 
 of the Province for one half of the said sum of one hundred 
 pounds in favour of the. Master or Teacher of the said School, 
 and so to draw from time to time on the Treasury upon the 
 like certificate, in half yearly payments for, the use of such 
 School; provided always, tljat all ,the sums of money which 
 shall be borne upon the estimate asjaforesaid from year to year 
 for the use of such Schools, and which shall not be drawn from 
 the Treasury of the Province pursuant to this Act, shall revert 
 to the Provincial fund, to be appropriated by the Legislature. 
 
 16. No part of the, said sum of fifty pounds to be raised by 
 the inhjabitants of any of the said last rnentioned Counties in 
 aid and support of any Grammar School within the same, -shall 
 
5 W. 4, C ,30] UNRKPEALED ACTS. 193 
 
 be borne, paid, or subscribed by the Master or Usher of such 
 School. 
 
 17. From aiid after the first day of January one thousand 
 eight hundred and thirty, no beneficed Clergyman of the Esta- 
 blished Church, or Minister of any other sect or denomination 
 of: Christians, having the spiritual charge of any Parish or 
 Congregation, shall be eligible, or be appointed Master or 
 Usher of any Grammar School in any of the said last men- 
 tioned Counties. 
 
 i8> All those persons iivho have at any time been appointed 
 Trustees and Directors of any Grammar Schools under and 
 by virtue of the provisions of the hereinbefore last recited Acts, 
 shall remain and continue in office, and the rules, ordinances> 
 regulations, and bye laws by them respectively made and 
 passed, and which have been duly approved offer the govei'n- 
 ment of any Grammar School, shall be construed and taken to 
 be in full ft)|rce and effect, and in the same manner as if th6 
 said Acts had not been repealed. 
 
 19. The said Trustees and Directors of the respective 
 Grammar Schools for the said Counties last mentioned, shall 
 be at all times accountable to the Legislature of the Province 
 for their conduct and the management of the money to be 
 vested in them by virtue and in pursuance of this Act. 
 
 20. That |here be granted to the President and Directors 
 of the Public Grammar School in the City of Saint John, the 
 yearly sum of fifty pounds in addition to the sum of one hun- 
 dred pounds now by law granted, the same to be applied to 
 the support of the Master or Usher of the said School, and to 
 defray the contingent expenses thereof. 
 
 21. This Act shall be deemed and taken to be a Public Act, 
 and shall be judicially taken notice of as such. 
 
 5th William 4th^CHAPTER 30. 
 
 An Act to amend the Law relating to the Public Grammar 
 School in the City of Saint John. 
 
 Section. Sectifln. 
 
 I. Repeal of Section. 2. Public Examinatioat M be held, wben. 
 
 Passed 17<A Marah, 1835. 
 
 Whereas the days for holding the public examinations of 
 
 13 
 
194 UNREPEALED ACTS. [6 W. 4, C 10 
 
 the Public Grammar School in the City of Saint John, specified 
 in the sixth Section of an Act made and passed in the forty 
 fifth year of the Reign of King George the Third, intituled 
 An Act for entouragiHg and extending Literature ih this 
 Province, are found ineonrenient ; — 
 
 Be it enacted, ^c. — ^^1. That the said sixth Section of the 
 said Act be and the same is hereby repealed. 
 
 2. The President and Directors of the said Public Gram mar 
 School in the City of Saint John, shall hold public visitations 
 and examinations of the said School twice in erery year, on 
 such days as the said President and Directors may prescribe 
 and appoint by any bye law or regulation for that purpose to 
 be made. 
 
 6th William 4th — Chapter 10, 
 
 Ah Act in addition to an Act intituled An Act for the 
 endowment of King's College at Fredericton,in the Pro- 
 vince of New Brunswick, and also to make new provisions 
 for the establishment and support of Grammar Schools- 
 throughout the Province. 
 
 Seclnon 1. — (rraminar School provisions extended to Carleton. 
 
 Passed %th March 1836. 
 Whereas in and by the seventh Section of an Act, intituled 
 An Act for the endotoment of King's College in the Province 
 of New Brunsmck, and also to make new provisions for the 
 establishment and support of Grammar Schools throughout 
 the Province, it is enactied, that His Excellency the Lieutenant 
 Governor or Commander in Chief for the time being, by and 
 with the advice and consent of His Majesty's Council, be 
 authorized and empowered to appoint during pleasure, and to 
 remove as he shall see fit, three or more fit and proper persons 
 in the several Counties of this Province, the Counties of York 
 and Charlotte, and the City and County of Saint John excepted, 
 to be Trustees and Directors of Grammar Schools in each of 
 the said Counties, except the aforesaid, and for which they 
 shall be respectively appointed : And whereas also in and by 
 the thirteenth Section of the said Act it is further enacted, that 
 the sum of one hundred pounds annually shall be included in 
 the estimate of the ordinary expenses of the Province for each 
 
6 W. 4, C 54] UNREPEALED ACTS. 195 
 
 of the following Counties, that is to say, the Counties of 
 Northumberland, Sunbury, Westmorland, Gloucester, Kent, 
 and Queen's and King's Counties, which said sum of one 
 hundred pounds shall be granted annually for the payment of 
 the Masters thereof respectively, the same to be drawn on the 
 certificate of the Trustees and Directors in favour of the person 
 or persons entitled thereto : And whereas it is expedient to 
 extend the provisions of the said Sections to the new County 
 of Carleton ; — > 
 
 Be it therefore enacted, ^c. — 1. The two said Sections of 
 the aforesaid Act shall hereafter be construed to extend to the 
 said County of Carleton, in like manner as if the same had 
 been particularly mentioned therfein, any thing in the said 
 Sections to the contrary notwithstanding ; subject nevertheless 
 to all the provisions, restrictions, and limitations to which the 
 other Counties in this Province are liable to by virtue of the 
 said Act. 
 
 6th William 4th — Chapter 54. 
 
 An Act to enable the Corporation of King's College to 
 dispose of certain parts of their Lands. 
 
 Section, Section. 
 
 1. What Land may be Bold, and how. 3. Of what Land may grant Leases. 
 
 3. Proceeds, how disposed of. 4. Of what other Land. 
 
 Passed ]6th March ia36. 
 
 Whereas the Chancellor, President, and Scholars of King's 
 College at Fredericton, in the Province of New Brunswick, 
 hold certain wilderness and uncultivated lands in the neigh- 
 bourhood of Fredericton, and it would be for the benefit of the 
 said College if a certain proportion of such lands were sold, 
 and the proceeds thereof invested in the manner hereinafter 
 mentioned ; — 
 
 Be it enacted, ifc. — 1. It shall and may be lawful for the 
 College Council of the said College from time to time as they 
 shall judge it to be for the advantage of the said College, to 
 sell and dispose of in fee simple such parts and portions of the 
 said wilderness and uncultivated lands as they shall in their 
 discretion select and allot for that purpose, for such price and 
 upon such terms of payment as the said College Council may 
 
& 
 
 196 UNREPEALED ACTS. [6W. 4, C.54 
 
 :^ree upon ; and good and valid conveyances of any land so 
 sold naay be made by the said Corporation of King's College^ 
 under the SeaJ of the said QolJege, any Jaw or usage to the 
 contrajry notwithstanding ; provided always, that the aggregate 
 of any lands which may be sold and disposed of under the 
 provisions of this Act, shall not exceed one fourth part io 
 quantity of such wilderness and uncultivated lands; aniJ pro- 
 vided also, that it shall not be lawful for tlje College Council 
 to sell any of the said lands in lots to exceed one hundred acres 
 each, and that in no case shall lots be sold adjoining to or 
 bounded by each other ; and further provided, that the sale of 
 th^ said lands shall be made by public auction, thirty days 
 previous notice of the time and place of such sale to be first 
 given in one or ipore of the public Newspapers in this Province. 
 
 2. All the mpneys and proceeds arising frppi such sales shall 
 be put apd kept out at interest by the said Corporation of 
 King's College, upon good and sufficient landed securities, 
 and the annual income and interest arising therefrom be 
 applied to and for the uses and purposes of the Institution. 
 
 3. And whereas the said Chancellor, President, and Scholars 
 bold a block of land in the town plat of Fredericton, comprising 
 town lots from nu'mber ninety nine to number one hundred aria 
 sixteen, both inclusive, which form the whole of the block 
 known by the number seven in the said town plat, as described 
 in the Roiyai Grant of certain lots in said town plat, passed 
 under the Great Seal of the Province of New Brunswick to 
 Cornelius Ackerman and others, bearing date the seventh day 
 of August in thp year of our Lord one thousand seven hundred 
 and eighty ejght, and the plan to the same grant annexed ; and 
 beneficial leases o>f the lands comprised in the said'bjock cannot 
 b« made without covenants for renewing such leases, and 
 (ipubts ejust whether any such covenants would be valid ; — 
 The said College Council shall be and they are hereby 
 authorized and empowered to lease the said block of land in 
 the said town plat of Fredericton, either in the whole or in such 
 lots or parcels as the said College Council may from time to 
 time think fit, for any term or ternts nut e^cee^ding twefity one 
 years, for and up^n such rents and with such covenant or cove- 
 nants fpr the rpnewa] of such lease or leases as the said College 
 Council may think for the advantage of the Institution, anj 
 
8V. clll] UNREPEALED ACTS. 197 
 
 may agree upon with the person or persons who may take such 
 leases ; and good and valid leases of any land so leased with 
 such covenants therein may be made by the said Corporation 
 of King's College, under the Seal of the said College, any law 
 or usage to the contrary notwithstanding. 
 
 4. The powers given to the College Council in the next 
 preceding Section of this Act shall extend and be construed to 
 extend to authorize the said College Council to lease any part 
 of the wilderness lands belonging to said College upon the 
 same terms, reservations, and conditions as they are authorized 
 to lease the lots contained in block number seven by any of the 
 provisions of this Act. 
 
 8th Victoria — Chapter 111. 
 An Act to amend the Charter of King's College. 
 
 Section. Section. 
 
 1. Visitor, Chancellor, and President, who 5. Who may propose alterations in Statutes, 
 
 to be. to. 
 
 2. College Council, of whom to consist. 6. Professors, by whom appointed. 
 
 Q.uoruin- , 7. Divine Service. 
 
 3. From what tests exenipt. 8. Accounts foi: Assembly, by whom laid 
 
 4. Degre^9 in Divinity, what oaths and de- before. 
 
 clar&tioa lo be taken for. 9. Charter, bow affected by Act. 
 
 10. Royal Assent required. 
 
 Passed 21 th March 184S, 
 Whereas His Majesty King George the Fourth was gra- 
 ciously pleased to issue His Letters Patent, bearing date at 
 Westminster, the fifteenth day of December, in the eighth year 
 of His Reign, in the words following, viz : — 
 
 • Whereas the establishment of a College within our Pro- 
 * vince of New Brunswick, in North America, for the education 
 ' of Youth in the principles of the Christian Religion, and for 
 ' their instruction in the various branches of Science and Life- 
 ' rature which are taught at our Universities in this Kingdom, 
 
 < would greatly conduce to the welfare of our said Province : 
 'And vvhereas humble application hath been made tp us by 
 ' many of our loving snli^ects in our said Province, that we 
 ' would be pleased to grant our Royal Charter for the mote 
 ' perfect establishment of a College therein, and for incorpo- 
 ' rating the Members thereof for the purposes aforesaid; N'ove 
 *. know ye, that we, having taken the premises into oUr Royal 
 
 < consideration, and duly weighing the great utility and im- 
 
198 UNREPEALED ACTS. [8 V. C 111 
 
 • portance of such an Institution, have of our special grace, 
 
 * certain knowledge, and mere motion, ordained and granted, 
 ' and do by these presents, for us, our heirs and successors, 
 ' ordain and grant, that there shall be established at or near 
 ' our Town of Fredericton, in our said Province of New Bruns- 
 ' wick, from this time, one College, with the style and privi- 
 ' leges of an University, as hereinafter directed, for the educa- 
 ' tion and instruction of Youth and Students in Arts and Fa- 
 ' culties, to continue for ever, to be called " King's College :" 
 ' And we do hereby declare and grant that our trusty and well 
 ' beloved the Right Reverend Father in God, John, Bishop of 
 ' the Diocese of Nova Scotia, or the Bishop for the time being 
 ' of the Diocese in which the said Town of Fredericton may 
 ' be situate, in any future division or alteration of the said 
 ' present Diocese of Nova Scotia, shall for us and on our be- 
 ' half be the "Visitor of the said College ; and that our trusty 
 ' and well beloved Sir Howard Douglas, Baronet, our Lieu- 
 ' tenant Governor of our said Province, or the' Governor, 
 ' Lieutenant Governor, or other person administering the Go- 
 ' vernment of our said Province for the time being, shall be 
 ' the Chancellor of our said College : And we do hereby de- 
 ' clare, ordain, and grant, that there shall at all times be one 
 > President of our said College, who shall be a Clergyman in 
 ' Holy Orders of the United Church of England and Ireland, 
 ' and that there shall be such and so many Professors in dif- 
 ' ferent Arts and Faculties, within our said College, as from 
 ' time to time shall be deemed necessary or expedient, and as 
 ' shall be appointed by us or by the said Chancellor of our 
 ' said College on our behalf, and during our pleasure: And 
 ' we do hereby grant and ordain that the Reverend George 
 ' Best, Master of Arts, Archdeacon of our said Province of 
 ' New Brunswick, shall be the first President of our said Col- 
 ' lege, and the Archdeacon of our said Province for the time 
 « being, shall, by virtue of such his oifice, be at all times the 
 ' President of the said College : And we do hereby for us, our 
 ' heirs and successors, will, ordain, and grant, that the said 
 ' Chancellor and President, and the said Professors of our said 
 ' College, and all persons who shall be duly matriculated into 
 « and admitted as Scholars of our said College, and their suc- 
 ' cessors for ever, shair be one distinct and separate Body 
 
8V. clll] UNREPEALED ACTS. 199 
 
 ' Politic and Corporate, in deed and in name, by the name and 
 ' style of " The Chancellor, President, and Scholars of King's ' 
 ' College at Fredericton, in the Province of New Brunswick;" 
 ' and that by the same name they shall have perpetual 
 ' succession, and a Common Seal ; and that they and their 
 » successors shall from time to time have full power to 
 ' alter, renew, or change such Common Seal at their will 
 ' and pleasure, and an shall be found convenient ; and that by 
 ' the same name they, the said Chancellor, President, and 
 ' Scholars, and their successors from time to time, and at all 
 ' times hereafter, shall be able and capable to have, take, and 
 ' receive, purchase, acquire, hold, possess, enjoy, and maintain, 
 ' to and for the use of the said College, any messuages, lands, 
 ' tenements, and hereditaments, of what kind, nature, or quality 
 ' soever, {situate and being within our said Province of New 
 ' Brunswick) so as that the same do not exceed in yearly 
 ' value the sum of fifteen thousand pounds above all charges ; 
 ' and moreover to take, purchase, acquire, have, hold, enjoy, 
 ' receive, possess, and retain all or any goods, chattels, charita- 
 ' ble or other contributions, gifts, or benefactions whatsoever : 
 ' And we do hereby declare and grant that the said Chancellor, 
 ' President, and Scholars, and their successors, by the same 
 ' name, shall and may be able and capable in law to sue and 
 ' be sued, implead and be impleaded, answer and be answered, 
 ' in all or any Court or Courts of Record within our United 
 ' Kingdom of Great Britain and Ireland, and our said Province 
 ' of New Brunswick, and other our Dominions, in all and singu- 
 
 * lar actions, causes, pleas, suits, matters, and demands whatso- 
 ' ever, of what nature and kind soever, in as large, ample, and 
 ' beneficial manner and form as any other Body Politic and 
 ' Corporate, or any other our liege subjects, being persons able 
 ' and capable in law, may or can sue, implead, or answer, or 
 ' be sued, impleaded, or answered in any manner whatsoever : 
 ' And we do hereby declare, ordain, and grant, that there shall 
 ' be within our said College or Corporation, a Council, to be 
 
 * called or known by the name of the College Council ; And 
 ' we do will and ordain, that the said Council shall consist of 
 ' the Chancellor and President for the time being, and of seven 
 ' of the Professors in Arts and Facultiejs of our said College, 
 
 * and that such seven Professors shall be Members of the 
 
200 UNREPEALED ACTS. {8 V. C Il'l 
 
 United Church of England and Irelandj and shall previously 
 to their admission into the said College Council, severally 
 sign and subscribe the thirty nine Articles of Religion, as 
 declared andset forth in the Book of Common Prayer; and in 
 case at any time there should not be within our said College 
 seven Professors of Arts and Faculties, being Members of the 
 Established Church aforesaid, then our will and pleasure is, 
 arid we do hereby grant and ordain, that the said College 
 Council shall be filled u]j to the requisite number of seven, 
 exclusive of the Chancellor and President for the time being, 
 by such persons, being Graduates of our said College, and 
 being Members of the Established Church aforesaid, as shall 
 for that purpose be appointed by the Chancellor for the time 
 being of our said College, and which Members of Council 
 shall in like manner subscribe the thirty nine Articles afore- 
 said, previously to their admission into the said College 
 Council : And whereas it is necessary to make provision for 
 the completion and filling up of the said Council at the first 
 institution of our said College, and previously to the appoitit- 
 ment of any Professors or the conferring of any Degree 
 therein ; Now we do further ordain and declare that the 
 Chancellor of our said College for the time being shall, upon 
 or immediately after the first institution thereof, by Warrant 
 under his hand, nominate and appoint seven discreet and 
 proper persons, resident within our said Province of New 
 Brunswick, to constitute jointly with him, the said Chancellor, 
 and the President of our said College for the time being, the 
 first or original Council of our said College, which first or 
 original Members of the said Council shall, in like manner, 
 respectively subscribe the thirty nine Articles aforesaid, pre- 
 viously to their admission to the said Council : And we do 
 further declare and grant,, that the Members of the said 
 College Council, holding within our said College the offices of 
 Chancellor, P^resident, or Professor of any Art or Faculty, shall 
 respectively hold their seats inthe said Council so long as they 
 and each of them shall retain such their ofiices aforesaid^ and 
 no lodger ; and that the Members of the said Council, not hold- 
 ing offices in our said College, shall from time to time vacate 
 their seats in the said Council tvfaen and so soon as there shall 
 ^ be an adequate number of Professors in our said ColIegCi 
 
8 v. C 111] UNREPEALED ACTS. ' 201 
 
 ' being Members of the Established Church aforesaid, to fill up 
 ' the said Council to the requisite number before mentioned; 
 ' And we do hereby authorize and empower the Chancellor for 
 
 * the time being of our said College, to decide in each case 
 ' what particular member of the said Council, not holding any 
 ' snch office as aforesaid, shall vacate his seat in the said Council 
 ' upon the admission of any new member of Council holding 
 ' any such office : And we do hereby declare and' grant, 
 ' that the Chancellor for the time being of our said College 
 ' shall preside at all meetings of the said College Council which 
 
 * he may deem it proper or convenient to attend, and that in ' 
 ' his absence the President of our said College shall preside at 
 
 ' all such meetings, and that in the absence of the said Presi- 
 ' dent the senior member of the said Council present at any 
 ' such meeting shall preside thereat ; and that the seniority of 
 ' the members of the said Council, other than the Chancellor 
 ' and President, shall be regulated according to the date of 
 ' their respective appointments ; provided always, that the 
 ' members of the said Council, being Professors in our said 
 ' College, shall in the said Council take precedence over and 
 ' be considered as seniors to the members thereof not being 
 ' Professors in our said College ; And we do ordain and 
 
 * declare that no meeting of the said Council shall be or be 
 ' held to be a lawful meeting therteof, unless five members at 
 ' the least be present during the whole of every such meeting ; 
 ' and that all questions and resolutions proposed for the deci- 
 ' sion of the said Council, shall be dietermined by the majority 
 ' of the votes of the members of Council present, including the 
 ' vote of the presiding member, and that in the event of an 
 
 * equal division of such votes, the member presiding at any 
 ' such meeting shall give an additional or casting vote: And 
 ' we do further declare, that if any member of the said Council 
 ' shall die or resign his seat in the said Council, or shall be 
 ' suspended or removed from the same, or shall, by reason of 
 ' any bodily or mental infirmity, or by reason of his absence 
 'from the said Province, become incapable for three calendar 
 ' months or upwards of attending the meetings of the said 
 ' Oounedl, tben andiin every such case, a fit and proper person 
 'sbair be appointed by the said Chancellor to act as and be a 
 
 * member of the said'^ouncil in the place and stead of the 
 
203 • UNREPEALED ACTS. [8 V. C 111 
 
 member so dying or resigning, or so suspended or removed, 
 or incapacitated as aforesaid; and such new member suc- 
 ceeding to any member so suspended or incapacitated, shall 
 vacate such his office on the t'enaoval of any such suspension, 
 or at the termii^tion of a,ny such incapacity as aforesaid, of 
 his immediate predecessor in the said Council : And we do 
 further ordain and grant, that it shall and may be competent 
 to and for the Chancellor for the time being of our said Col- 
 lege, to suspend from his seat in the said Council any member 
 thereof for any just and reasonable cause to the said Chan- 
 cellor appearing, provided that the grounds of every such 
 sus'^ension shall be entered and recorded at length by the 
 said Chancellor in the Books of the said Council, and signed 
 by him ; and every person so suspended shall thereupon cease 
 to be a member of the said Council, unless and until he shall 
 be restored to and re-established in such ,his station therein 
 by any order to be made in the premises by us or by the said 
 Visitor of our said College, acting in our behalf and in pur- 
 suance of any special reference from us : And we do further 
 declare that any member of the said Council, who, without 
 sufficient cause to be allowed by the said Chancellor by an 
 order entered for that purpose on the said Council Books, 
 shall absent himself from all the meetings thereof which may 
 be held within any six successive calendar months, shall 
 thereon vacate such his seat in the said Council : And we do 
 by these presents, for us, our heirs and successors, will, ordain, 
 and grant, that the said Council of our said College, shall have 
 power and authority to frame and make statutes, rules, and 
 ordinances touching and concerning the good government of 
 the said College ; the performance of Divine Service therein; 
 the Studies, Lectures, Exercises, Degrees in Arts and Facul- 
 ties, and all matters regarding the same ; the residence and 
 duties of the President of our said College ; the number, resi- 
 dence, and duties of the Professors thereof; the management 
 of the revenues and property of the said College ; the sala- 
 ries, stipends, provisions, and emoluments of and for the 
 President, Professors, Scholars, Officers, and Servants thereof ; 
 the number and duties of such Officers and Servants; and also 
 touching and concerning any other matter or thing which to 
 them shall seem good, fit, and useful for the well being and 
 
8 V. C 111] UNREPEALED ACTS, 203 
 
 ' advancement of our said College, and agreeable to this our 
 ' Charter ; and also from time to time, by any new statutes^ 
 ' rules, or ordinances, to revoke, renew, augment, or alter all, 
 ' every, or any of the said statutes, rules, and ordinances, as 
 ' to them shall seem meet and expedient ; provided always, 
 ' that the said statutes, rules, and ordinances, or any of them, 
 ' shall not be repugnant to the Laws and Statutes of the United 
 ' Kingdom of Great Britain and Ireland, or of our said Pro- 
 ' vince of New Brunswick, or to this our Charter ; provided 
 ' also, that the said statutes, rules, and ordinances shall be 
 ' subject to the approbation of the said Visitor of the said 
 ' College for the time being, and shall be forthwith transmitted 
 ' to the said Visitor for that purpose; and that in case the said 
 ' Visitor shall for us and on our behalf, in writing, signify his 
 
 * disapprobation thereof within two years of the time of their 
 ' being so made and framed, the same or such part thereof as 
 ' shall be so disapproved by the said Visitor, shall, from the time 
 ' of such disapprobation being made known to the said Chancellor 
 ' of our said College, be utterly void and of no effect, but 
 ' otherwise shall be and remain in full force and virtue ; pro- 
 ' vided nevertheless, and we do hereby expressly save and 
 ' reserve to us, our heirs and successors, the power of review- 
 ' ing, confirming, or revising, by any order or orders to be by 
 ' us or them made in our or their Privy Council, all or any of 
 ' the decisions, sentences, or orders, so to be made as afore- 
 ' said by the said Visitor for us and on our behalf, in reference 
 ' to the said statutes, rules, and ordinances, or any of them : 
 
 * And we do further ordain and declare, that no statute, rule, 
 ' or ordinance shall be framed or made by the said College 
 ' Council, touching the matters aforesaid, or any of them, 
 ' excepting only such as shall be proposed for the considera- 
 ' tion of the said Council, by the Chancellor for the time being 
 ' of our said College ; And we do require and enjoin the said 
 ' Chancellor thereof to consult with the President of our said 
 ' College and the next senior member of the said College 
 ' Council, respecting all statutes, rules, and ordinances to be 
 ' proposed by him to the said Council for their consideration ; 
 ' And we do hereby for us, our heirs and successors, charge 
 ' and command, that the statutes, rules, and ordinances afore- 
 
 * saidj subject to the said provisions, shall be strictly and invio- 
 
UNREPEALED ACTS. [8 V. C 111 
 
 ' lably observed, kept, and performed from time to time, in 
 ' vigour and effect, under the penalties to be thereby or therein 
 ' imposed or contained : And we do further will, ordain, and 
 ' grant, that the said College shall be deemed and taken to be 
 ' an University, and shall have and enjoy ail such and the like 
 ' privileges as are enjoyed by our Universities of our United 
 ' Kingdoni of Great Britain and Ireland, as far as the same 
 ' are capable of being had and enjoyed by virtue of these our 
 ' Letters Patent ; and that the Students in the said College 
 ' shall have liberty and faculty of taking the Degrees of 
 
 * Bachelor, Master, and Doctor in the several Arts and Facul- 
 ' ties at the appointed times, and shall have liberty within 
 ' themselves of performing all scholastic exercises for the 
 ' conferring such Degrees, in such manner as shall be directed 
 ' by the statutes, rules, and ordinances of the said College: 
 
 * And we do further will, ordain, and appoint, that no religious 
 ' test or qualification shall be required of, or appointed for any 
 ' persons admitted or matriculated as Scholars within our said 
 ' College, or of persons admitted to any Degree in any Art or 
 ' Faculty therein, save only that all persons admitted within 
 ' our said College to any Degree in Divinity, shall make such 
 ' and the same declaration and subscription, and take such 
 ' and the same oaths as are required of persons admitted to 
 ' any Degree of Divinity in our University of Oxford : And 
 ' we do further , will, direct, and ordain, that the Chancellor, 
 ' President, and Professors of our said College, and all persons 
 ' admitted therein to the Degree of Master of Arts, or to any 
 ' Degree in Divinity, Law, or Medicine, and who from the 
 ' time of such their admission to such Degree, shall pay the 
 ' anniialsum of twenty shillings sterling money, for and towards 
 ' the support and maintenance of the said College, shall be 
 ' arid be deemed, taken, and reputed to be members of the 
 
 * Convocation of the said University, and as such members of 
 ' the said Convocation, shall have, exercise, and enjoy all such 
 ' and the like privileges as are enjoyed by the members of the 
 ' Convocation of our University of Oxiford, so fiar as the same 
 ' are capable of being had and eiljoyed by virtue of these our 
 ' Letters Patent, and cohsistetltly with tlie provisions thereof: 
 ' And we will, and by these our presents; for us, our heirs and 
 ' successors, do grant and declare that these our Letters 
 
8 V. C 111} UNREPEALED ACTS. 205 
 
 • Patent, or the eniolment or exemplification thereof, shall 
 ' and may be good, fi,Tm, valid, sufficient, and effectual in the 
 ' law, according to the true intent and meaning of the same, 
 
 • and shall be taken, construed, and adjudged in the most 
 ' favourable and beneficial sense for the best advantage of the 
 
 • said Chancellor, President, and Scholars of our said College, 
 ' as well in our Courts of Record or elsewhere, and by all and 
 ' singular Judges, Justices, Officers, Ministers, and other 
 ' subjects whatsoever, of us, our heirs and successors, any mis^- 
 ' recital, non-recital, omission, imperfection, defect, matter, 
 ' cause, or thing whatsoever, to the contrary thereof in any wise 
 ' notwithstanding. In witness whereof, we have caused these 
 ' our Letters to be made Patent. Witness ourself, at West- 
 ' minster, the fifteenth day of December, in the eighth year of 
 ' our Reign :' 
 
 And whereas it is deemed advisable and necessary that cer- 
 tain alterations be made in the said Charter for the more 
 effectual extension of the benefits of the Institution to all de- 
 nominations of Her Majbsty's subjects in the Colony, and that 
 the said Charter may be rendered more productive of the 
 benefits thereby intended ; — 
 
 Be it therefore enacted, Sfc. — 1. That for and notwithstand- 
 ing any thing in the said Charter contained. His Excellency 
 the Lieutenant Governor or Administrator of the Government 
 for the time being, shall be Visitor of the said College, in the 
 place and stead of the Visitor named in the said Charter ; that 
 the Chief Justice of the Supreme Court forthe.time being shall 
 be Chancellor of the said College ; and that the provisions of 
 the Charter, " that the President of the said College shall be a 
 Clergyman in Holy Orders of the United Church of England 
 and Ireland," and " that the Archdeacon of the Province fof 
 the time being shall by virtue of such his office, be at all times 
 the President of the College," he annulled, and that the Presi- 
 dent in future be appointed by Her Majesty, Her Heirs and Suct 
 cessors, or by the Visitor on Her Majesty's behalf. 
 
 2. The College Council shall be fifteen in number, as fol- 
 lows, viz : — The Chancellor, the President of the College, the 
 Master of the Rolls, the Speaker of the Assembly, the Secre- 
 tary of the Province, the Attorney General, and nine other 
 Members to be nominated by the Visitor, with the power of 
 
206 UNREPEALED ACTS. [8 V. C 111 
 
 suspension in the Visitor, now vested by the said Charter in the 
 Chancellor; and that seven members of the said Council shall 
 at all times constitute a quorum for the dispatch of business. 
 
 3. It shall not be required that members of the said Council 
 be Graduates of the said College, or of any other University, 
 nor shall any religious test be appointed for or required of any 
 members of the said Council, or of any Professor of the said 
 College, save and except the Professor of Theology, who shall 
 at all times be a Clergyman of the United Church of England 
 and Ireland. 
 
 4. From and after the passing of this Act, any person taking 
 a Degree in Divinity, shall take the oaths now prescribed by 
 the Charter, and shall be required to name and subscribe the 
 following and no other declaration : — 
 
 " I do hereby solemnly profess, testify, and declare, that I 
 " believe in the authenticity and Divine inspiration of the Old 
 " and New Testaments, and in the Doctrine of the Holy 
 " Trinity." 
 
 5. Notwithstanding any thing in the said recited Charter 
 contained, it shall and may be lawful for any member of the 
 said College Council, at any meeting thereof, to propose such 
 modifications of, and additions to the statutes, rules, and ordi- 
 nances of the said College, as he may deem proper, without 
 first consulting with or obtaining the consent of the Chancellor 
 for the time being. 
 
 6. From and after the passing of this Act, the power of ap- 
 pointment to Professorships be vested in Her Majesty, Her 
 Heirs and Successors, or in the Visitor on Her Majesty's be- 
 half. 
 
 7. Divine Service shall at all times be performed in the said 
 College according to the order, rites, and ceremonies of the 
 United Church of England and Ireland. 
 
 8. The Registrar of the said College shall, within fourteen 
 days after the meeting of the Legislature in each and evety 
 year, prepare and lay before the Assembly a full and detailed 
 Account, duly attested, of the income and expenditure of the 
 Institution for the previous year, together with a statement of 
 the number and names of Professors, and the number and 
 names of the Students. 
 
 9. The said Charter shall still be and remain in full force 
 
1 V. G 20] UNREPEALED ACTS. 207 
 
 and effect in all respects, except so far as the same is hereby 
 
 altered and amended, and nothing herein contained shall 
 
 extend or be construed to extend to afiect any right of action 
 
 by or against the present Corporation, or to affect any contracts 
 
 or agreements made by and with the same, or to affect the 
 
 right, title, power, or authority of the said Corporation, to the 
 
 Corporate lands, tenements, and premises, or to the rents, 
 
 duties, and liabilities arising therefrom, or from any part 
 
 thereof. 
 
 10. This Act shall not come into operation or be in force 
 
 until Her Majiesty's Royal approbation be thereunto had and 
 
 declared. 
 
 [ This Act was spMalli/ confirmed, ratified, and finally enacted, by an Order of 
 Her Majesty in Council dated the \^th day of December 1846, and published 
 and diclared in the Province the "ird day of February 1847. J 
 
 1st Victoria — Chapter 20. 
 
 An Act relating to the Grammar Schools of King's and 
 dueen's Counties. 
 
 Section. Section. 
 
 1, What not to extend to King's and Q.ueen's 2. Examinations of, wbeu to be held, .and 
 Counties. how. 
 
 Passed Qth March 1838. 
 
 Whereas by the eleventhSection of an Act, intituled An 
 Act for the endovyment of King's College at Fredericton, in 
 the Province of New Brunsmck, and also to make new provi- 
 sions for the support of Grammar Schools throughout the 
 Province, it is enacted, that the said Trustees and Directors 
 shall hold public visitations and examinations of the said 
 Schools twice in each and every year, that is to say, on the first 
 Monday in May and the first Monday in November : And 
 whereas the days so appointed are found inconvenient for 
 holding the said public visitations and examinations of the 
 Grammar Schools of King's and Queen's Counties ; for remedy 
 whereof, — 
 
 Be it therefore enacted, ^c.-r-i. From and after the passing 
 of this Act, the said eleventh Section of the said above men- 
 tioned Act shall not be considered as of any force or effect, so 
 far as the same relates to the Grammar Schools of King's and 
 Queen's Counties. 
 
208 UNREPEALED ACTS. [2 V. C 16 
 
 2. From and after the passing of this Acli, the Trustees 
 and Directors of the Orammar Schools of King's and Qlueeu's 
 Counties shall hold public visitations and examinations of the 
 said Grammar Schools iTf said Counties twice in each and 
 eveiy year, that is to say, on such day as they the said Trus* 
 tees and Directors may appoint within one week previous to 
 the Midsummer vacation, and on such day as they the said 
 Trustees and Directors may appoint within one week previous 
 to the Christmas vacation; provided always, that the said 
 Trustees and Directors shall give due notice of such days so 
 appointed by them as days for the visitation and examinatiom 
 of such Grammar Schools at least once in each and every year, 
 such notice to be published previous to the first day of May in 
 each and every year, in some Newspaper published in King's 
 or Queen's County, or in failure of any Newspaper being 
 published therein, then in some Newspaper published in the 
 City of Saint John. 
 
 2d Victoria — Chapter 16. 
 
 An Act to authorize the President and Directors of the 
 Public Grammar School in the City of Saint John, to 
 grant Leases with Covenants for renewal. 
 
 Section. ^^etioih 
 
 1. Who may grant Leases, of what, and in 2. What rent to be reserved, 
 what TQaijner.' 
 
 Parsed %drd March 1839. 
 Be it enacted, &fc.-~l. The President and Directors of the 
 Public Grammar School in the City of Saint John, and their 
 successors, shall be and they are hereby fully authorized and 
 empowered to make and grant any lease or leases of any 
 land now belpnging, or which may hereafter belong to them, 
 in the said City or any part or parts thereof, for such term or 
 terms of years, and with such covenants for renewing the same 
 at the expiration of the term, and granting a further lease or 
 leases thereof to the lessees or their assigns, and with such 
 other covenants, conditions, and provisos, as 'to them may 
 appear expedient and for the advantage of the said Corpora'- 
 tion ; and that every such lease so to be made and granted 
 by the said President and Directors, with covenants for renewal 
 
3 V. t lb] tJrrREPEAL^ri acts. 2d& 
 
 therein inserted, shall be good, vaflid, and eifFectilall in the law, 
 arid bindirig bn the ^aid Corporation, the'ii- succe^sbrs and 
 assigns. 
 
 2. Pj-bvided always. That in eVery such Lea^'e sb t6 bb mdde 
 arid gVaitfted by the said President and Directors, or their succes- 
 sors, a fair adequate yearly rent shall be reserved, payable by 
 half yi^acly payrilbntfe to the said President and Dii-ectbi-k, and 
 fheir successors, during the cdritiriiiance bf the original term' 
 for which siich iriay be granted, Hrid any renewal or ejstensibn 
 thereof. 
 
 3d Victoria — Chapter 10. 
 
 An Act to provide for the establishmeht of a Grammar 
 School in the County bf Restigoache. 
 
 Section 1. — Grammar Schiiol pVovisionB extended to IteEtigouche. 
 
 Passed %5th March 1840. 
 Whereas in and by thfe seventh Section bf an Act, intituled 
 An Act for the endowment of King's College, in the Province 
 of NeihSi-'dMiMiki and dlso to make heui pidiision^ for the 
 estaUishmeiti and suppoti of Gramrtiar Schools throughout the 
 Provirice, it iS eriacted, that His Eicellericy the Lie'ntenarit 
 Obvernbr 0^ Cbmtriander iii Chief fof the tiHi6 being, by and 
 with the advice and Corisent of His Majesty'^ CbuTicil, be 
 authorized and empowered to appoint during pleasure, and to 
 remove as he shall ^6e fit, thfee or niore fit and proper persons 
 iri the Sbveral Cbunties iti' this Province, the Counties bf York 
 ahd ^hatlortfe, awd City and County of Sairit John excepted, 
 to be Trustees and Directors of the Grammar Schools irir each 
 of the said Counties, except the^ afbresaid, and fbr wlliich tHey 
 shall be respectively appointed : Arid whereas also in a<id by 
 the thirtifeenth Sectiori bf the said Act it is further enacted, 
 that the sum of one hcrridred pbiinds airnually shall be included 
 in the estiitiate of the ordinafy expensed of the Province for 
 each of th'^ fbHowing Counties, that is tb say, the Counties of 
 Northumberland, Sunbury, Westmorland, Gloucester, Kent, 
 and Queen's and King's Counties, which said sUm of one 
 hundred pounds shall be granted annually for the payment of 
 the Masters thereof respectively, the same to be drawn on the 
 certificate of the Trustees and Directors in favour of the per- 
 
 14 
 
210 UNREPEALED ACTS. [9 V. e 74 
 
 son or persons entitled thereto : And whereas it is expedient 
 to, extend the provisions of the said Sections to the new County 
 of Restigouche ; — 
 
 Be it therefore enacted, , Sfc. — 1. The two said Sections of 
 the aforesaid Act shall hereafter be construed to extend tp ^he 
 said County of Restigouche in like manner as if the same had 
 been particularly mentioned therein, any thing in |he said 
 Sections to the contrary notwithstandiqg, subject nevertheless 
 to all the provisions^ restrictions, and limitations to which the 
 other Counties in this Province are liable to by virtue of the 
 said Act. 
 
 , 9th Victoria — Chapter 74. 
 
 An Act to amend an Act intituled An Act to amend the 
 Charter of Kin^ s College. 
 
 Bectibn. Section. 
 
 1. Certain Graduates, from what exempt, 2. Suspending clause. 
 
 Passed I4th Jp-xil. 1846'. 
 
 Whereas in and by the fourth Section of an Act made and 
 passed in the eighth year of the Reign of Her present Majesty^ 
 intituled An Act to amend the Charter of King's College, it is 
 provided, that any person taking a Degree in Divinity shall be 
 required to make and subscribe the following and no other 
 declaration ; — 
 
 " I do hereby solemnly profess^ testify, and declare, that I 
 " believe in the authenticity and Divine inspiration of the Old 
 " and New Testaments, and in the Doctrine of the Holy 
 " Trinity ;"— 
 
 Be it therefore enacted, ^c. — ^1. That nothing in the said 
 fourth Section of the sa,id in part recited Act shall extend or 
 be construed to extend to any Graduate in the said University 
 being a Member of the Church of England. 
 
 2. This Act shall not come into operation or be in force 
 
 until Her Majesty's Royal approbation be thereto first had and 
 
 declared. • 
 
 [ This Act was spBoially confirmed, rqlifidd; and firtdly enacted, by an Order 
 of Her Majesty in fimincil dated the \9lh day of December 1846, and piMished 
 and declared i>n the Province the 3rd day of February \9:^. J ■ ' ' 
 
9 v. C 60] UNREPEALED ACTS. 211 
 
 9th Victoria — Chapter 60. 
 
 An Act in amendment of the Laws now in force relating 
 to Grammar Schools. 
 
 Section. ' Section, 
 
 1. What required to be taught in Grammar 4. Schools, by whom examined, and what 
 
 , SchoolB. Report to make. • 
 
 2.' WKat average number ofpupils to attend. 5. What Eegisters, -4e. to be transmitted, 
 
 3. What Register to be kept. Copy fur- and to whom j effect of deficiency in 
 
 ni&hed to whom. numbers, &c. 
 
 6. Commencement, &c. of Act. 
 
 Passed Mth Jpril 1846. 
 
 Whereas it appears that the benefits derived from some of 
 the Grammar Schools are not commensurate with the large 
 sums of money granted for their support ; — 
 
 Be it therefore enacted, &fe. — 1. From and after the passing 
 of this Act, the Scholars in the several Grammar Schools in 
 this Province shall be taught Orthography, Reading, Writing, 
 Arithmetic, English Grammar, Geography, English Compo- 
 sition, Ancient and Modern History, Natural History, Natural 
 Philosophy, the practical branches of the Mathematics, the use 
 of the Globes, the Latin and Greek Languages, and such 
 other useful learning as may be found necessary. 
 
 2. In every such Grammar School there shall be an ave- 
 rage number of fifteen Scholars over ten years of age in 
 daily attendance, and the following branches of Education 
 shall be taught in the said Schools respectively : English 
 Grammar, English Composition, Ancient and Modern History, 
 Natural History, Natural Philosophy, Arithmetic, Geography, 
 the use of the Globes, Latin, Greek, and the practical 
 branches of Mathematics. 
 
 3. It shall be the duty of the Master of every such Gram- 
 mar School to keep a true and correct Register of the 
 names and ages of the several Scholars, and daily to mark 
 therein the presence or absence of each Scholar, as the case 
 may be, and to furnish the Trustees and Directors of such 
 Grammar School, semi-annually, with a true copy of the same, 
 and also with a Return pointing out the average number in 
 daily attendance, with the several branches of Education taught 
 to each Scholar. 
 
 4. It shall be the duty of the Trustees and Directors of 
 the several Grammar Schools to examine and inspect the same 
 at least once in every six months, and to make a Report of 
 
212 UNREPEALED ACTS. (lJ(i V. € 8 
 
 every such examination; witicb Report shall set forth the 
 M^ster'^ name, age, religious profession, andwbpther married 
 or single — the book;g and apparatus i»sed in School — the 
 branches of Education actually taught — the size, fitness, and 
 condition of the building, and suitableness of the furniture — 
 the nature E^nd extent of the religious instruction— ?tbe mode 
 of discipline^-the manner of teaching the several branches of 
 Education^— the general state and condition of the School, with 
 such other, information as may be necessary and proper. 
 
 5v It shall further be the duty of the said Trustees and Di- 
 rectora^ and they are hereby required to transnttit semi-anniraliy 
 to the Office of the Provincial Secretary, all such Register^, 
 Returns, and Reports for the information of the Government, 
 and ibr the inspection and examination of the General Assem- 
 bly ; and if it shall at any time appear from such Registers, 
 Return^, and Repolrt^« that any Grammai* School is in ady 
 isespecidefiGienfcandshtart of 'thehereittbefore prescribed require- 
 ments, then and in • sneh case it shall and may be lawful; for 
 the Lieutenant Govei-nor op person admini^ering tb* Govern- 
 ment for the time being, bjr and witb the advice and consent 
 of Her Majesty's Executive Council to reduce the annual 
 allowance for such Grammar School \n their discretion, so that 
 the same shall in no case b@ less thaia fifty pounds per annum 
 to any one School. 
 
 6i Every part of tbits Act shall, after th& passing thereof, be 
 and continue in full force, and efi«ot, aAy other law, usagey or 
 custom tp the contrary notwithstanding. 
 
 10th Victoria — ChaftSr 8. 
 
 Aa Act to provide for the establishtneat of a Grammar 
 School in the County of Albert. 
 
 Section. 1,.:— Srawii)>'^'ScIipoI proTieipna extended to Albert. 
 
 Pamd \2th March 1847, 
 Whereas in and by the seventh Section of as Act, intituled 
 An Act for the endowment of King's College at Fredeficteuy. 
 in the Province of New Brunswick, and also to make new iflr^o- 
 visions for the establishment and support of Grammar Schools 
 throughout the Province, it is enacted, that His Excellency the 
 
13 V, C 21] UNREPEALED ACTS. ^3 
 
 Lietitenant Governor or Coininander in Chief fot the tiriie 
 being, by and with the advice and consent of His Maje9ty''s 
 Coui^Gi!, be authorized and empowered to appoiritduring plea- 
 sure, and to remove as he shall see fit, three or more fit and 
 proper persons in the several Counties in this Province, the 
 Countiea of York and Charlotte, and City and County of Saint 
 John excepted, to be Trustees and Directors of the Grammar 
 Schools in each of the said Cplinti^s, exciept the aforesaid, and 
 for wh^icb they shall be resp0etively appointed : And whereas 
 also in and by the thirteenth Section of the said Act it is fur-- 
 ther enacted, that the sum of one hundred pounds annually 
 shall be included in the estimate of the ordinary expenses 
 of the Province for each of the following Counties, that 
 is to say, the Counties of Northumberland, Sunbury, West- 
 morkiad, Gloucester, Kent, and Queen's and King's Coun- 
 ties, which said sum of one hundred pounds shelil be granted 
 annisaUy fer the payment of the Masters there^of respectively, 
 the same t® be drawn on the Certificate df the Trustees and 
 Directors in favour of the person or persons entitlied thereto: 
 And whereas it is expedient to extend the provisions of the said 
 Sections to the new County pf Albert; — 
 
 Be it therefore exacted, ^c,t— 1. The two slatid Sections 
 of the aforesaid Act shall feei^after be construed to extend to 
 the said County of Albert, in like manner as if the same had 
 been particularly mentioned therein, any thing in the said Seci- 
 tions to the contrary notwithstanding ; subject nevertheless to 
 all the provisions, restrictions, and limitations to which th^ 
 other Couqties ip thjis P(;ovinee are Uatble to by virtue of tbe 
 said Act. 
 
 13th Vl€TOI6U.^^^HAPTER 21. 
 
 4j!J Act to provide for tbe establisl^menl of a Grammar 
 fficbqal in the Counly of Victoria. 
 
 ' ^^tioii L. — GoraHiinar Scboql pifovisione e^itded tp Viaa^i|it. 
 
 Whereas in and by the seventh Section of an Act, intituled 
 An Act for fe endowment of King^s Oolhge at Frederieton. 
 in the Province of New Mmnswick, and also to make new pre- 
 visions for the establishment and support of Grammar ^ehools 
 
^14 UNREPEALED ACTS. [IB V. b 62 
 
 throughout the Province, it is enacted, that His Excellency the 
 Lieutenant Governor or Commander in Chief for the time 
 being, by and with the advice and consent of His Majesty's 
 Council, be authorized and empowered to appoint during 
 pleasure, and to remove as he shall see fit, threo or more fit 
 and proper persons in the several Counties in this Province, 
 the Counties of York and Charlotte, and City and County df 
 Saint John excepted, to be Trustees and Directors of the 
 Grammar Schools in each of the said Counties, except as 
 aforesaid, and for which they shall be respectively appointed : 
 And whereas also in and by the thirteenth Section of the said 
 Act it is further enacted, that the sum of one hundred pounds 
 annually shall be included in the estimate of the ordinary 
 expenses of the Province for each of the following Counties, 
 that is to say, the Counties of Northumberland, Sunbury, 
 Westmorland, Gloucester, Kent, and Queen's and King's 
 Counties, which said sum of one hundred pounds shall he 
 granted annually for the payment of the Masters thereof res- 
 pectively, the same to be drawn on the certificate of the Trus- 
 tees and Directors in favour of the person or persons entitled 
 thereto : And whereas it is expedient to extend the provisions 
 of the said Sections to the hew County of Victoria ; — 
 
 Be it therefore enacted, Sfc. — 1. The said two Sections 
 of the aforesaid Act shall hereafter be construed to extend to 
 the said County of Victoria, in like manner as if the same had 
 been particularly mentioned therein, any thing in the said 
 Sections to the contrary notwithstanding ; subject nevertheless 
 to all the provisions and limitations which the other Counties 
 in this Province are liable by virtue of that Act. 
 
 13th Victoria — Chapter 62. 
 
 An Act to incorporate " The New Brunswick Society for 
 the encouragement of Agriculture, Home Manufactures 
 and Commerce throughout the Province," and to regu- 
 late and provide for the same. 
 
 Section. Section. 
 
 1. Society incorporated, and first General 4. Bunnty, when forfeited. 
 
 Meeting. 5. Annual Showa. 
 
 2. Repealed. 6. Penalw, in what cases. 
 
 3. Fi;emiams, when to be offered, and to T.. Bounds, w^h^t not to include: 
 
 what amount. S, Limitation, 
 
18 V. C 62] DNREPEALED ACTS. 215 
 
 Passed 26th April 1850. 
 Whereas James Robb, Robert Chestnut, Robert D. James, 
 Robert Jardine, James Brown, Calvin L. HatheVray, Wil- 
 liam Foshay, Allen C. Evanson, the Honorable William Crane, 
 William M'Leod, Francis Ferguson, Dugald Stewart, Charles 
 Perley, Thomas Gilbert, James S. Beek, John A. Beckwitb, 
 Joseph Gaynor, Thomas R. Barker, William H. Odell, Fried- 
 erick W. Hathewny, William Watts, Senior, the Honorable 
 Lemuel A. Wilmot, David S. Kerr, George Todd, Constan- 
 tino Connelly, John T. Smith, James Taylor, James A. Mac- 
 lauchlan, Henry Fisher, and numerous other inhabitants of the 
 Province, have lately formed themselves into a Society, called 
 *' The New Brunswick Society for the encouragement of Agri- 
 culture, Home Manufactures and Commerce throughout the 
 Province," which Society is intended to improve the condition 
 of the above important branches by all practical and effective 
 means that may be available for the purpose : And whereas it 
 is deemed advisable to obtain an act of Incorporation for the 
 more efficient working of the said Society ; — 
 
 B® it therefore enacted, fyc. — 1. That James Robb, Robert 
 Chestnut, Robert D. James, Robert Jardine, James Brown, 
 Calvin L. Hatheway, William Foshay, Allen C. Evanson, the 
 Honorable William Crane, William M'Leod, Francis Ferguson, 
 Dugald Stewart, Charles Perley, Thomas Gilbert, James S. 
 Beek, John A. Beckwitb, Joseph Gaynor, Thomas R. Barker, 
 William H. Odell, Frederick W. Hatheway, William Watts, 
 Senior, the Honorable Lemuel A. Wilmot, David S.Kerr, 
 George Todd, Constantino Connelly, John T. Smith, James 
 Taylor, James A. Maclauchlan, Henry Fisher, their associates 
 and successors, be and they arc hereby erected into a Body 
 Corporate, under the name of " The New Brunswick Society 
 for the encouragement of Agriculture, Home Manufactures 
 and Commerce throughout the Province," and shall have and 
 enjoy all the powers made incident to Corporations by the fifth 
 Section of an Act of the General Assembly of the Province 
 made and passied in the sixth year of the Reign of His late 
 Majesty King William the Fourth, intituled^?} Act to prescribe 
 certain general regulaMoies in respect to Corporations ; provided 
 always, that the first meeting of the said Society, ^ under and 
 by virtue of this Act, shall on due notice thereof be held on the 
 
216 UNREPEAJUED ACTS. £13 V. C 6^ 
 
 first Wednesday in July in the year of our Lord ctne thousand 
 eight iii»qdce,d apd fifty ; and proridesd also, that the persons 
 who are ^ow pffice bearers of the Society shall cftntli^ue to act 
 for th^ perio,ds for vfliwh they have been appointed, or un^l^il 
 others be chosen in their plficp agreeably to the laws and re- 
 guiation$ of the said Society. 
 
 3. Ifcepealed by 14]th Vic., cap. 8. S^fi post. p,(ige 21 J. 
 
 3. If the ^aid Society shalil reQefiye the said ^jlowance or 
 any part thereof from the Public Treasury, it ^hfill offer 
 annually by v?£^y of prpoiiutns; or shall apply otherwise at its 
 discretion, for the encouragement of |he objects of the f^id 
 Sppiety, 9 suip not le§s |Jian the amouf^ {^qtiiaUy receiyed out 
 Qf t^e Fublic Treasury, and it shaU also transmit to the Office 
 of the prpyincjal Secretary, on or before ^he firs^; Thursday iq 
 Janq3,ry annually, a statement pf its proceedings in re,l3.fion to 
 %\^e expenditure of ^^cil rnoneys, specifying (.Ipje, nature pf the 
 encpiiragen){^9t prpposed Of given by the saj^ Society, anfi tt\9 
 objects fp^: whic,l;^ its prepniums have bj^e,n oflTered and paid, 
 and to whom they wer^ awarded and giyen, ajpd shall accom- 
 pany the same with su,ch general observations concerning the 
 attat.^ pf A-gr'pu.H"''^' Home Manufp-ctufes, and Comm^rc^ 
 throughout t|ie Province, as ijfnay be deeined, ifloportant and 
 i^s^ful. 
 
 4f. Iff the sal^ Society ghall neglect in any yeax to cpmply 
 T^itb the foregoing prpvisjops, it sJMill foj^feit its claims to the 
 Legislative bpunty for the ye|ar next succeeding. 
 
 5. Ti^e said Society may by ^<js officer^ de|ine ^nd fi.x boup^ 
 pf suiBcient extent fp^ holding, of an annual show and fa,ir, Qr 
 other exhibition for carrying out ^he obje.ct^ qf the said 
 Siociety, in su^^ pla,cf af ^he; said pacers may sele,c|: and 
 apppint) with cpnyenient pa?sag^ ways to an^ ^b0|Ut the sa^e, 
 on th^^^for l)plding l,ln^ §ai4 ^o>f, and fair, or ptl^er ex|^- 
 bitipn asS afoT.e^ai?!)^U;h'n >j'hich bounds no perso^n shall be, 
 pei^nvitt^d to pnter or pass, u,fll9^s in cpjafprnjity ^itb the r^gu- 
 
 la,;tionf of tbc siai4 Sqci^ts. 
 
 Q. li any person sJ^aH> cp^trary to the ^-^gulatiop^ of tl^fi 
 siaid Sipcietiyi mi aft^fi Wtip^ ^^^lepf, ^nter pr pas^, within tl^e 
 lj>M)iiids so fix§d.. Jpkfl afeajl forfeit a ^^m no,t> e^ceediing te,i;i sliil- 
 Ifeogs, tp .be r^<5joiv,©Fq4, befffre any ili^^tjpf pi \kp ?®P9* y^M 
 sMl haye juA:isidiiptipn ^^l^repf ; ^VA ^W lines, so re^pyeref ah^l 
 
14 V. C 8] U:NJ?.pPEALED 4CTS. 217 
 
 bp paid over by ihfi ?si(J Ju^icepf the ]peace to the Treasurer 
 of the s^a^d Society, tovv^rd^ the fun^a of the said Society. 
 
 7. P):oyid.^d always, That nothing in this Act contained shall 
 a,u,thprizp the sftid Society to occupy or include ^^ithin the 
 boup^^s whijCh it ntiay fix for thp, purpose aforesaid, th,e land of 
 any person without hi^ consent, op tp occupy any public street 
 or highway in such a manner as to obstruct the public use 
 thereof. 
 
 8. This Ac,t shall continue and be in f^rqe until the first, day 
 of May which will be in ^h.e y^^i* fif our Lo(r<^ one thousq.^ 
 eight hundr«d and fifty two. 
 
 14:lh YiCTORiA: — Chai'te?, 8, 
 
 An Act to alter and amend an Act intituled An Act to 
 incvrporate the New Brunswick Society for the encou- 
 ragement of Agriculture, Home Manufactures and 
 Gpmmerce throughout the Province, and to regulate 
 md provide for the same. 
 
 Section. Section. 
 
 1. Repeal of Section. 3. Statement of proceeds, when to be made. 
 
 2, For what sum and on what coaditlons 4. Limitation. 
 
 Warrant may issue. 
 
 Passed 28lh March 1851. 
 
 Whereas if, is de^fned expe^ifent to ppake the (rrant allow€d 
 by the ahoye tp^ntio^^^d Act tp the Neyv Brunswick Society for 
 thp encpUragempnt of Agripulturp, H,pme Ifjanu^cttires and 
 (/ownierce throughout the Province, to the extent of two 
 hundred pounds, on similar terms as to Gomnty Agricultural 
 Societies, and to alter thp tii;ne for transmitting the proceedings 
 of the said Society to the Provincial Secretary from the first 
 Thu^^day in Jan,uary to, the second Wednesday in April fol- 
 
 B^ i]^ therefore, enactfid, ^c.-^l. That thp s,ecoijd Sectioa 
 of th^ 9^ovG i;nentioned 49* be and the§an;ie i^ hereby repealed. 
 
 % Whjenei,X€ir the ^?ai^ Society shalji make it appear by Cer- 
 ^^cate ijkci^pr ^Jje haj(\^ of the Treasurer of such Society, that 
 a sum not lesg thap, twenty fiye pp(ipd§ has been actually %ub- 
 ^^cj^^Q^ and paid to th^ said Tceasurer by the me^bei;s of such 
 §,QC,if^y, a^d the President of tjbie sj^id Society ^\^»\k ajtake apr 
 plica^jc^n) eAclo^ing, th^ ^id Certificate to \\i^. Lie,at^nant 
 
218 UNREPEALED ACTS. [15 V; C 8 
 
 Governor or Administrator of the Government for the time 
 being, for aid in supporting the said Society, it shall and may 
 be lawful for the Lieutenant Governor or Administrator of the 
 Government for the time being, by and with the advice and 
 consent of the Executive Council, to issue his Warrant to the 
 Treasurer of the Province in favour of the Treasurer of the 
 said Society, for treble the amount that shall have been so 
 subscribed and paid as aforesaid ; provided always, that the 
 annual sum to be granted to the said Society shall not exceed 
 the sum of two hundred pounds currency. 
 
 3. The time appointed by the third Section of the above 
 mentioned Act for transmitting to the Office of the Provincial 
 Secretary a statement of the proceedings of the said Society, 
 in relation to the expenditure of the mcineys therein specified, 
 be and the same is hereby altered from the first Thursday in 
 January to the second Wednesday in April following, in each 
 year. 
 
 4. This' Act shall continue and be in force until the expira- 
 tion of the Act to which this is an amendment and no longer. 
 
 15th Victoria — Chapter 8. 
 
 An Act to continue an Act to incorporate the New Bruns- 
 wick Society for the encouragement of Agriculture, 
 Home Manufactures and Commerce throughout the 
 Province, and to regulate and provide for the same; 
 also an Act to alter and amend the said Act 
 
 Section 1. — Continuance of Acts. 
 
 Passed \Sth February 1852. 
 5e it enacted, fyc, — 1. An Act made and passed in the 
 thirteenth year of the Reign of Her present Majesty, Queen 
 Victoria, intituled An Act to incorporate the ^New Brunswick 
 Society for the encouragement of Agriculture, Home Manufac- 
 tures and Commerce throughout the Province, and to regulate 
 and provide for the same ; also^ an Act made and passed in the 
 fourteenth year of the same Reign, intituled An Act to alter 
 and amend an Act, intituled ' An Act to incorporate the New 
 Brunswick Society for the encouragement of Agriculture, Home 
 Manufactures and Commerce throughout the Province, and to 
 
10 V. C 32] UNREPEALED ACtS. 219 
 
 regulate and provide for the same,' be and the same are hereby 
 continued' and declared to be in force until the first day of 
 May which will be in the year of our Lord one thousand eight 
 hundred and fifty five. 
 
 10th Victoria — Chapter 32. 
 An Act to encourage the raising and dressing of Hemp, 
 
 Section. Section. 
 
 1. Bounty. 4. Warrants, how drawn. 
 
 2. Affidavits of Claimant and Witness. 5. Bounty, how limited. 
 
 3. Affidavits, where Hied and Schedtile read. 6. False swearing, what deemed. 
 
 Passed 23rrf March 1847. 
 
 Whereas it is believed that the climate and alluvial lands 
 of this Province are favourable to the growth and manufacture 
 of Hemp, and it is expedient to encourage the cultivation of 
 that article by granting a Bounty on tlie same ; — 
 
 Be it therefore enacted, fyc. — 1. For the encouragement of 
 the growth of Hemp in this Province, there shall be applied, 
 distributed, and paid in Bounties yearly, a sum not exceeding 
 one thousand pounds per annum out of the moneys now 
 remaining in or hereafter to be in the Treasury, at and after 
 the rate often shillings for every hundred weight of Hemp to 
 be raised within this Province, in the year of our Lord one 
 thousand eight hundred and forty seven, and in every subse- 
 quent year during the space of five years, and which shall be 
 broken and properly prepared for Market, tb be paid to the 
 grower or other person who breaks and properly prepares such 
 Hemp for Market. 
 
 2. The grower or person claiming, and who shall be entitled 
 to the said Bounty, in order to entitle himself or herself thereto, 
 shall first take and subscribe the following oath, the same to 
 be set down in writing, that is to say : — 
 
 ' I, A. B. of in the County of do swear that 
 
 ' hundreds weight of Hemp, broken and properly pre- 
 
 ' pared for Market, and of a good merchantable quality, were 
 ' really and truly raised on the land occupied by me intbe Parish 
 ' of in the County of and that the same is actually 
 
 ' the crop of the year and that no other person, to my 
 
 ' knowledge or belief, has applied for, or received any Bounty 
 • on the same. (Signed) A. B. 
 
220 UNREPEALED ACTS. [10 V. C 32 
 
 ' Sworn before irie at this day of 18 , 
 
 * and I believe tbe statements tber&in set forth. 
 
 ' :C. H. Justice of thp Peace.' 
 And some credible witness shall also tnake oath in writing', 
 subscribed by his name, and annexed to the said afGdarit, in 
 the form following, that is to say : — 
 
 ' I, E. F. of in the County of do swear that I 
 
 ' was present at on the day of , and did pee 
 
 * the Hemp mentioned in the annexed affidavit, duly and fairly 
 
 * weighed, that it was previously broken and properly prepared 
 ' for Market, and that I verily believe it was grown in all 
 ' respects as set forth in the said affidavit. 
 
 (Signed) E- F. 
 
 * Sworn before me at thi§ day of 
 
 ' C. D, Justice of the Peace,' 
 Which said affidavits slrall be made before any Justiqe of the 
 Peace of the County where such applicant shall reside, who is 
 hereby authorized to administer the same. 
 
 3. Every such affidavit shall be filed in the office, of the 
 Clerk of the Peace of the proper County, at least six days 
 before some (Jeneral Session of the Peace oi the same, and it 
 shall be the duty of such Clerk of the Peace to arrange the 
 several applications in a tabular form, coiataining the names 
 and residences of the parties applicant, the names of the Magis- 
 trates before whoni the affidavits had been made, the quantity 
 of, and the Parish in which the Hemp is stated to have been 
 raised, with the several amounts of Bounty claimed; and shall 
 submit the same, together with the said affidavits, unto the 
 Justices assensibled at such General Sessions of the Pedce; 
 and the said Justices shall thereupoa order and direct that the 
 said tabl^, together wi«h the sajd affidavits;, shall be puhlidy 
 read in the said Court, in the presence and bearing of the 
 Grand Jury, and shall determine and settle all such claims, 
 a^d shall certify in one general Schedule all such claims as 
 they, the said Justices, shall then allow, and shall \)ritbin six 
 4^ys Eifter the rising of such Court transn^ si^eh Schedule to 
 the Office of the Secretary of this Province, 
 
 4. It shall and may b? lawful for the Lietftep^^iiit flro- 
 vernor or Adn)ini$trator of th^ Government foir th^ time 
 being, by and with the adiviiQe; and consent of HeJ^ Hajei^y's 
 
M V. C 1] UNilEPfiALED ACTS. 221 
 
 Executive Council, to draw by Warrant on the Treasury for 
 the gross amount of the Bounties aS set fbrth in the said Sche- 
 dule, together with the sum of five per centum on the same, in 
 favour of the Clerk of the Peacej such sum of five per centum 
 to be by him retained for his trouble, and the residue to be by 
 him forthwith paid and distributed to the respectivee claimants. 
 
 5. No person or persons shall be entitled to any Bounty 
 under the provisions of this Act, unless the quantity of Hemp 
 broken atid pfoperly prepared for Market as aforesaid, and 
 and for which he, she, or they shall claim the Bounty, shalJ 
 amount to one hundred weight, and in settling claims no Bounty 
 shall be allowed by the Justices for any fractional portion less 
 than a quarter of a hundred weight. 
 
 6. Any person or persons who shall be guilty of false 
 swearing in a!ny matter or thing connected with this Ait, With 
 intent or design to defraud the Treasury, such person or persons 
 so offending shall be subject to all pains and penalties of the 
 Law for wilful and corrupt perjury. 
 
 14th Victoria — Chapter 1. 
 
 An Act to incorporate the European and North American 
 Railway Com pan j. 
 
 Section. Section, 
 
 1. Corporation cotiBtitutd^. 2t. Purchased share's, what eVidvuce of. 
 
 2. Capital; numberof shares; howpaidin, 29. Sale of shares, how limited. 
 
 and what Itiild of estate. 23, Sfibct of payment of arrears before sale. 
 
 3. When may commence to construct Rail- 24. Wliat Crown Lands may be entered oti^ 
 "' ^a^; wrhat rbute; plan, where' de- &c, 
 
 posited, ^ S.'i, Wh^t may be granted for Railway route. 
 
 4. Branches aniT Steamboats, ^hat may 26, Bridges, what may be erected, 
 
 supply. 27, ^axes, from what exempt, 
 
 5. When interest may be' paid on moneys 28, LeCTslature, how may interfere with 
 
 , paid in. Cof^tiratiohi - 
 
 6. Share, what evidence of, 29. "What other , Corporations ■ may join to 
 
 7. Share; When not to b^ transferred. construct Eiailways. 
 
 8. Share on trust, Company not bound foi? 30. "When Lands, &c. may revert to the 
 • ' execution of; Crown. 
 
 9. Calls, when to be paid, and meaning of 31. Bxtent of coraorate powers to enter and 
 ■ ■ '' Shareholder." take la^ds^ &6. ; arbitration arid assess^ 
 
 10. Calls, who and when to malte. ment, by whom, Sc. 
 
 11. Call^, intereBV when to be paid on. 32. Transfer of lands, agreements' fori how 
 
 12. Advanbbs, when and on what tternls . confirmed. 
 
 received. 33. Coinmissioners ^or settling dispntes as to 
 
 13. Defaulters, when may be sued. lands, *c. by whom appointe4. i 
 
 14. l)eclaration in suits on calls. 34. What othe* agreements for transfers of 
 
 15. ■Jyhsit. proof sufflBiefit. land valid. ■ ^ 
 
 Iff. "Whit evidence of* being Shareholder. 35. "What lands adjacent inay be entered, &c. 
 1t1 Sharesin arrear, how fbHeitted. and ;hiJv# daniagei aseeVtaiW^H,' &o. 
 
 18, What notice ta be given- 36, Fences on Railway, how erected and 
 
 19, Fiaifeitnre of sharesj when to be con- maintained, 
 
 firmed. 37. Bells, where to be plaee^ iuid,rung. 
 
 20, WKeii tdbe'sold, 
 
222 UNREPEALED ACTS. [14 V. C 1 
 
 Section. Section. 
 
 S8. Boards, what to be put up at crossings 55. Tolls and rates established. Statement 
 ofroidsf what other precautions. < of expenses, &c. when and where filed, 
 
 39. Board of Directors, how chosen, and how &c. 
 
 business conducted by. 56. When Corporation bound to have Blail- 
 
 40. Votes, how given in all cases. ^ road in good repair. Lien for tolls. 
 
 41. When and where first meeting of share- 57. Repealed.. 
 
 holders, 58, Mails, &c, how forwarded, 
 
 42. EiXtraordih^y meetings of Directors, how 59. To what remuneration entitled, 
 
 called. What officers may 2 appoint, 60, Nomination of arbitrators and umpires, 
 
 Slc. and what la^irs make, Soc. , 61. Hepealed. 
 
 43., Annual meeting, and appointment pfDi- 62. Tolls, how. altered. 
 
 rectors, 63. Electric Telegraphs may be laid down 
 
 44, Auditors, how appointed, ft:c. on lines, by whom and when, 
 
 45, Auditor^s duties, 64. Profits, how otlen to.be divided, 
 
 46, Officers, entrusted with money, what se- 65, What receipts, of certain^ardes good, 
 
 cnrity to give, 66, What proportion of profits reserved. 
 
 47, When to render' aecount, ' ^' 67. When dividends not to be paid. 
 
 48, On failure, how to be compelled, 68, Debts of Company,, what alone answer:, 
 
 49, OnTefusal to deliver accounts, ice. what able for. 
 
 , proceedings to compeU 69. Iiimitation, of actions, 
 
 50./Wnat bther lienledy; ' '' 70, Mdlitiiou^'injuries to Railways, &c, what 
 
 51. What account to belaid before the Legis- .punishment, , 
 
 lature. 71. Wnen to have powers of Commissioners 
 
 52, Returns of traffic, to whom to be made. of Roads, 
 
 53, Extraordinary meetings, when may call, 72, Connection with other Railways. 
 
 54. |Iow advertised. 73. When this Aft may be void. 
 
 74. Commencement of same. 
 Schedule. 
 
 Passed \ 5th March \'&5\. 
 
 Whereas it is contemplated, under concurrent Charters, to 
 construct a continuous line of Railway from Bangor, in the 
 State of Maine, through the Provinces of New Brunswick and 
 Nova Scotia, to Halifax, or some other Port on the Eastern 
 Coast of Nova Scotia, under the name of" The European and 
 North American Railway Company," thereby affording an 
 uninterrupted route of land communication to all parts of North 
 America, from some Atlantic Port in the most direct line of 
 emigration, traffic, and travel between the Old and the New 
 World : And whereas in furtherance of this great object, the 
 Legislature of the State of Maine has passed an Act to autho- 
 rize the construction of such Railway through their own Terri- 
 tory, by a Corporation under the aforesaid name : And whereas 
 it is advisable for the more efficient and economical construc- 
 tion and working of the said Railway, that provision should be 
 made in the concurrent Charters of the said Provinces and 
 State, to enable the respective Corporations or Companies, by 
 deed, contract, or agreement, if they deem it expedient, to 
 establish a uniform system of management and direction over 
 the whole proposed line : And whereas it is the duty of this 
 Province to grant every facility and encouragement to such 
 enterprising persons as may be desirous and willing to make 
 and maintain such a Railway throughout this Province, by 
 
14 V^C 1} UNREPEALED ACTS. 223 
 
 granting to them an Act of Incorporation, with the privilege 
 of establishing Branch Lines and Steam Vessels in connexion 
 with the said Railway, both on the Gulf of Saint Lawrence 
 and the Bay of Fundy^ as the Company may deem desirable j — 
 Be it therefore enacted, &fc. — 1. The Honorable Ward 
 Chipman, the Honorable Charles Simonds, Speaker of the 
 House of Assembly, the Honorable E. B. Chandler, Rear 
 Admiral the Honorable William Fitzwilliam Owen, the Hon- 
 orable J. R. Partelow, Provincial Secretary, the Honorable 
 Amos E. Botsford, the Honorable John Robertson,, the Hon- 
 orable R. L. Hazen, the Honorable Alexander Rankin, M.P.P., 
 J. Montgomery, M.P.P., William Crane, M.P.P,, the Honora- 
 ble John A. Street, Attorney General, M.P.P., William J. 
 Ritchie, M.P.P., John Hamilton Gray, M.P.P., Daniel Han- 
 ington, M.P.P., Bliss Botsford, M.P.P., James Taylor, M.P.P., 
 Robert B. Chapman, M.P.P., Matthew M'Leod, M.P.P., George 
 Hayward, M.P.P., George Ryan, M.P.P., Henry W. Purdy, 
 M.P.P., William Scoullar, M.p.P., Robert D. Wilmot, M.P.P., 
 William H. Steves,M.P.P., Reuben Stiles, M.P.P., William H. 
 Needham, M.P.P., S. L. Tilley, M.P.P., George L. Hatheway, 
 M.P.P., John M. Johnson, M.P.P., William Porter, M.P.P,, 
 John Robinson, M.P.P., Robert Jardine, George Botsford, 
 President of the Central Bank of New Brunswick, James 
 M'Farlane, Thomas G, Hatheway, William Wright, D. J. 
 M'Laughlin, President of the Commercial Bank at the City 
 of Saint John, James W, Chandler, Nehemiah Marks, Frede- 
 rick A, Wiggins, Joseph Salter, Enoch Stiles, George Calhoun, 
 John Smith, John C, Littlehale, James Roach, James Secord, 
 Alleyn C. Evanson, William Coates, Moses Jones, Silas Crane 
 Charters, John Robb, John Hickman, Junior, Christopher 
 Boultenhouse, Charles F, Allison, George Oulton, William H, 
 Buckerfield, Peter Etter, Charles F, Prescott, Allan Otty, 
 Henry Chubb, William R. M. Burtis, John V. Thurgar, George 
 E.Fenety, T. W. Anglin, Edward Allison, Thomas E, Millidge, 
 President of the Bank of New Brunswick, Charles Brown, 
 George Sutherland, John Wesley Weldon, Stephen Binney, 
 Alexander Wright, and such other persons as shall from time 
 to time become proprietors of the shares in the Company hereby 
 established, their successors and assigns, shall be, and they 
 are hereby declared, ordained, and constituted to be a Corpo- 
 
224 unrepSali^d kbts. ^ii V; c i 
 
 ration, Body i*olitib and Corporatei by the rikttie pF " The 
 Eurbpeari and North American R'ailwdy Company," and shall 
 by that name fatlve pferpetual sncctes^ion, arid arCommoh Sfeal ; 
 and shall and may by the same namis su6 aiid be sued, plead 
 And be iffl[)leaded, ausWer arid be answered unto, defend and 
 be defended in all Courts and places whatsoever ; and shall 
 also hav^ power and authority to ptirchase, hold, arid enjoy 
 land^, tenements, and hfereditameriis, for them and their suc- 
 cessors and assigns, for making the tlailWaiy, and for settlers 
 on the litte of the said Railway, arid generally for the purposes 
 of carrying the provisions of ibis Act irtto effect ; kni ailso that' 
 they the said Company shstU from timfe to time, and at air 
 tiines, have full pdWer arid aiithority to constitute, rriake, 
 ordain, and establish such bye la,Ws, regulations, and ot-dinaWces' 
 as may be deemed ndces^aty for the good rule arid govern- 
 ment of the ^aid Compaiiy ; provided that such bye laws, 
 regulations, arid otdinanbes a^s may be deemed necessary, be 
 not contradictory Or repugnant tO the laws of this Province ; 
 and provided also, tliat no bye laws, regulations, arid ordinances 
 made Undtelr and by virtue of the pOW6¥ arid authority of this 
 A.ct, shall be of an^ fpfce oi* feflfect until o>ie calendar irioritli 
 afte^ a true cop^ of Such bye lat^s, tegulatrOHfe, and ordiriarices, 
 certified under tfefe harid Of the President of the said Company, 
 shall have beeri laid bfefbre the Liduienant Governor pi- Adriiiix- 
 istratorofthe (xovemment in this Province for the time being, 
 for approval or disapproval, littleSS the Lieutenant Governor 
 or Administrator of the Govei'rinieht shatH before such period 
 signify* his appfObjitioif thereof. 
 
 2. The capital stock of the Company hereby est ahhshed 
 shall be fifteen huridred thoUSari'd pounds, the whole to, be paid 
 in current money of this froVince ; the whole amount of the 
 said capital stock to be divided into sixty thoUsaqd shares, of 
 twenty five pounds each ; arid the saiid Corporatipn, if neces- 
 sary, shall ha:ve povt^er to extend the said capital stocTi to a' 
 sum or sums not exceeding tWo milUpris of pounds of like 
 current money, and shall haVe power to increase, the iiuniber^ 
 of shares accordingly j whicti original shares arid incrciased 
 stock shall be vested in the pei'sons hereiribefPre nariied, arid 
 such other perspris as may take shares, in the said Company, 
 their successors or assigns ; and upon taking sucb' shares, tliey 
 
14 V. cl] UNREPEiALED ACTS. 225 
 
 shall deposit in such Bank or Banks in the British Np^lth 
 American Colonies, or elsewhere, as the Directors of the said 
 Company shall from time to time appoint for that purpose, the 
 sum of five shillings per share current money aforesaid ; and 
 the remaining amount of suqU shares shall be called in as the 
 work progresses, in such parts and amount per share as the 
 Directors of the said Company may deem necessary ; provided 
 always, that two pounds ten shillings per share shall be the 
 greatest amount per share of any one call which the said 
 Directors may make on the shareholders, and two months at 
 least shall be the interval between successive calls ; and thirty 
 days previous notice of payment being required for any one call 
 shall be given in the Royal Gazette, at Fredericton, and one or 
 more ofthe Newspapers published in the City of Saint John; pro- 
 vided also, that the whole amount of such calls shall not exceed, 
 in any one year, one third part ofthe amount subscribed ; and 
 on demand of the holder of any share, the Company shall 
 cause a receipt or certificate of the proprietorship of such 
 share to be delivered to such shareholder, and the same may 
 be according tp the form in the Schedule A to this Act annexed, 
 or to the like eifectj or in sucli other form as the said Company 
 may by their bye laws prescribe ; and every of the said shares 
 shall be deemed personal estate, and transferable as such, and 
 shall not be deemed or taken to be of the nature of real pro- 
 perty ; and every such share shall entitle the holder thereof to, 
 a proportionate part of the profits and dividends of the said 
 Company ; provided also, that the money so to be raised as 
 aforesaid, shall be laid out in the making, completing, and 
 maintaining the said Railway, and other the purposes there- 
 with connected, mentioned in this Act, and in payment of the 
 legal and other expenses incurred in and about the incorpora- 
 ting and establishing the said Company, and to no other use or 
 purpose whatsoever. 
 
 3. So soon as one hundred thousand pounds- of' thc' capital 
 stock ofthe said Company shall hftve been subseribedi, and the 
 deposit of five shillings per share shall have been actually paid' 
 as aforesaid, and not before, it shall' belAwful for the said 
 Company, and they are hereby authorizfed and empowered, by 
 themselves, their deputies, agents, ofiicers, and workmen, to 
 make, construct, and finally complete) alter, and keep in re- 
 
 15 
 
226 UNREPEALED ACTS. [14 V, C I 
 
 pair, a Railway, with one or more sets of rails or tracks, with 
 all suitable bridges, archways, turn-outs, culverts, drains, and 
 all other necessary appendages, and to erect such wharves, 
 mbles, jetties, piers, docks, harbonrs, landings, aboideaux, dikes, 
 buildings, depots, and warehouses, either at the termini or on 
 the line of the said Railway, and to purchase and acquire suiib 
 stationary or locomotive steam engines, and carriages, wagons, 
 floats, and other machinery and contrivances, and real or per- 
 sonal property, as may be necessary for the making and main- 
 taining the said Railway, and for the transport of passengers 
 and merchandise thereon, and for other purposes of this Act ; 
 ahd may hold and possess the land over which the said Rail- 
 way is to pass, and such adjoining land as may be required r 
 which Railway is to run from some point or "place from the 
 Eastern Boundary of this Province, in the County of West- 
 morland, so as best to connect with a Railway to be constructed 
 from the City of Halifax, or some other Port on the Eastern 
 Coast of the Province of Nova Scotia, on the Atlantic Ocean, 
 over the most practicable route through this Province of New 
 Brunswick, so as best to connect with a Railway to be con- 
 structed from the City of Bangor, in the United States of 
 America, to the Eastern part of the State of Maine, under a 
 Charter from the same State, with a like name as is used in 
 this Act, as the Directors of this Company, in the exercise of 
 their best judgment and discretion, shall judge most favourable 
 and best calculated to promote the public convenience, and 
 carry into effect the intentions and purposes of this Act ; pro- 
 vided always, that a Map or Plan of the route determined 
 upon shall be deposited in the Office of the Secretary of this 
 Province. 
 
 4. The said Company shall and may, if they deem it expe- 
 dient, make Branch Railways to every or any part of the Pro- 
 vince, and manage such Branch Railways, and procure and 
 own such steam boats or vessels as may be necessary to ply in 
 connexion' with the said Railway, in the waters of any part of 
 the Gulf of Saint Lawrence, or in the Bay of Fundy, or in the 
 waters contiguous to either of them ; and for that purpose shall 
 exercise and possess all the powers, privileges, and authorities 
 necessary for the management of the same In as full and ample 
 a manner as they are hereby authorized to do with respect to 
 the said Railway; 
 
14 v. C l] UNREPEALED ACTS. 227 
 
 5. It shall be lawful for the Directors of the said Company, 
 in their discretion, until the said Railway shall be completed 
 and opened to the public, to pay interest at any rate not ex- 
 ceeding six pounds per centum per annum on all sums called 
 up in respect of the shares from the respective days on which 
 the same shall be paid, such interest to accrue and be paid at 
 such times and places as the said Directors shall appoint for 
 that purpose; provided always, that no interest shall accrue 
 to the proprietor of any share upon which any call shall be in 
 arrear in respect of such shares or any other share to be holden 
 by the same proprietor during the period while such call shall 
 remain unpaid. 
 
 6. The certificate of the proprietorship of any share in the 
 said Company shall be admitted in all Courts us prima facie 
 evidence of the title of any shareholder, his executors, adminis- 
 trators, successors, or assigns, to the share therein specified ; 
 nevertheless, the want of such certificate shall not prevent the 
 holder of any share from disposing thereof. 
 
 7. No shareholder shall be entitled to transfer any share, 
 after any call shall have been made in respect thereof, until he 
 or she shall have paid all calls for the time being due on every 
 share held by him or her. 
 
 8. The said Company shall not be bound to see to the exe- 
 cution of any trust, whether express, implied, or constructive, 
 to which any of the said shares may be subject, and the receipt 
 of the party in whose name any such share shall stand in the 
 Books of the said Company, or if it stands in the name of more 
 parties than one, the receipt of one of the parties named in the 
 Register of Shareholders, shall from time to time be a sufEcieVit 
 discharge to the said Company for any dividend or other sum 
 of money payable in respect of such share, notwithstanding 
 any trust to which such share may then be subject, and whether 
 or not the said Company have had notice of such trusts, and 
 the said Company shall not be bound to see to the application 
 of the money paid upon such receipts. 
 
 9. The several persons who have or shall hereafter subscribe 
 any money towards the said undertaking, or their legal repre- 
 sentatives respectively, shall pay the sums respectively so subr 
 scribed, or such portions thereof as sliall from time to time be 
 called for by the Directors of the said Company, at such times 
 
238 UNREPEALED ACTS. [14 V. C I 
 
 and places as shall be appointed by the said Directors ; and^ 
 ^ith respect to the provi^io^s in this Act contained for enfo^-c- 
 ing the payment of the calls, the word " shareholder" shall' 
 e^ttiend to and include the personal representatives of sucb; 
 shareholder. 
 
 ID. It shall be lawful for the Directors of the said Company 
 from time to time to make such calls of money upon the 
 respective shareholders in respect of the amount of capital 
 respectively subscribed or owing by them, as they shall deem 
 necessary, provided that thirty days notice at the least be given 
 of each call as aforesaid, and that no call exceed the prescribed 
 amount aforesaid, and that successive calls be not made at 
 less than the prescribed interval aforesaid, or a greater amount 
 called in, in any one year, than the prescribed amount afore- 
 said ; and every shareholder shall be liable to pay the amount 
 of the call so made in respect of the shares held by him to the 
 persons and at the times and places from time to time appcKintecE 
 by the said Company or the Directors thereof. 
 
 11. If before or on the day appointed for payment any 
 shareholder do not pay the amount of any call to which he is 
 liable, then such shareholder shall be liable to pay interest for 
 the same at the rate allowed by law, that is to say, six per 
 centum per annum from the day appointed for the payment 
 thereof to the time of the actual payment. 
 
 12. It shall be lawful for the said Company, if they think fit^ 
 to receive from any of the shareholders willing to advance the 
 same, all or any part of the moneys due upon their respective 
 shares beyond the sums actually called for ; and upon the prin- 
 cipal moneys so paid in advance, or so much thereof as from' 
 time to time shall exceed the amount of the calls then mad^ 
 upon the shares, in respect of which sucb advance shall be 
 made, the Company may pay interest at such rate, not exceed- 
 ing the legal, rate of interest fpr the time being, as the share- 
 holder paying such sum in advance and the said Company 
 may agree upon. 
 
 13. If at the time appointed by the said Company, or the 
 Directors thereof, for the payment ef any call, any shareholder 
 s^all fail to pay the amount, of such call, it shall be lawful for 
 the said Company to sue such shareholder for the amount 
 thereof in any Court of Law or Equity having competen]t juris- 
 
14 V. C 1] UNREPEALED ACTS. 229 
 
 <diction, and to recover the same with lawful interest from the 
 ^iay on which such call was payable. 
 
 14. In an action or suit to be brought by the said Company 
 against any shareholder to recover any money due upon any 
 call, it shall not b-e necessary to set forth the special matter, 
 but it shall be sufficient for said Company to declare thiat the 
 defendant is the holder of one share or more in the said Cbtti- 
 jiany, stating the number of shares, and is indebted tothiesaid 
 Company in the sum of money to which the calls in arrear shall 
 amount in respect of one call or more upon one share or more, 
 stating the number and amount of each of such calls whereby 
 an action hath accrued to the said Cdrii'paiiy by virtue of this 
 Act. 
 
 15. On the trial or hearing of such action or suit it shall be 
 sufficient to prove that the defendant at the time of making 
 such call was the holder of one share or more in the said Com- 
 pany, and that shch call was in fact nlade, and such notice 
 theJreof given as is directed by this Act ; and it shall not be 
 necessary to prove the appointment of the Directors who made 
 such call, or any other matter whatsoever ; and thereupon the 
 said Company shall be entitled to recover what shall be due 
 upon such call and interest thereon, unless it shall appear 
 either that any such call exceeds the ^resci-ibed amount afore- 
 said, or that due notice of such call was not given, or that the 
 prescribed interval betvveen two successive calls had hot elapsed 
 as aforesaid. 
 
 16. The production of the Register of Shareholders shall be 
 prima facib evidence of such defendant being a shareholder, 
 and of the number and amount of his shares. 
 
 17. If any shareholder fail to pay any call payable by him, 
 ttigether with the interest, if any, that shall have accrued 
 thereon, the Directors of the said Company at any time after 
 the ex^piration of two months from the day appointed for pay- 
 ment of subh call, may declare the share in respect of which 
 such call was payable, forfeited, and that whether the said 
 Company have sued for the amount of such call or not. 
 
 18. Before declaring iny shares forfeited, the Directors of 
 said Company shall cause notice of siich intention to be left or 
 transmitted by Post to the usual or last place of abode of the 
 person appearing by the Register of Shareholders to be the 
 
230 UNREPEALED ACTS. [14 V. C 1 
 
 2jroprietor of such share ; and if the holder of any such share 
 be beyond the limits of this Province, or if his usual or last 
 place of abode be not known to the said Directors, by reason 
 of Its being imperfectly described in the Shareholders' Address 
 Book, or otherwise ; or if the interest in any share shall be 
 known by the said Directors to have become transmitted 
 otherwise than by transfer, and so the address of the parties 
 to whom the said share or shares may for the time being belong 
 shall not be known to the said Directors, the said Directors shall 
 give public notice of such intention in the Royal Gazette, at 
 Fredericton, and also in one or more of the Newspapers pub- 
 lished in the City of Saint John, and the several notices afore- 
 said shall be given ninety days at least before the said Direc- 
 tors shall make such declaration of forfeiture. 
 
 19. The said declaration of forfeiture shall not take effect 
 so as to authorize the sale or other disposition of any share, 
 until such declaration shall have been confirmed at the next 
 general meeting of the said Company to be held after such 
 notice of intention to make such declaration of forfeiture shall 
 have been given ; and it shall be lawful for the said Company 
 to confirm such forfeiture at any such meeting, and by an order 
 at such meeting, or any subsequent general meeting, to direct 
 the share or shares so forfeited to be sold, or otherwise dis- 
 posed of. 
 
 20. After such confirmation as aforesaid, it shall be lawful 
 for the said Directors to sell the forfeited share by public auc- 
 tion ; and if there be more than one forfeited share, then either 
 separately or together, as to them shall seem fit ; and any 
 shareholder may purchase any forfeited share so sold as afore- 
 said. 
 
 21. An afiidavit by some credible person not interested in 
 the matter, sworn before any Justice of the Peace, or before 
 any Commissioner for taking affidavits in the Supreme Court, 
 or, other person qualified by law to take affidavits, that the call 
 in respect of, a share was made and notice thereof given, and 
 that default in payment of the qall was made, and that the for- 
 feiture of the share was declared and confirmed in manner 
 hereinbefore required, shall be sufficient evidence of the facts 
 therein stated ; and such affidavit, and the receipt of the Trea- 
 ;surer of the said Company for the price of such, shafe, shall 
 
14 V. C 1] UNREPEALED ACTS. 231 
 
 constitute a good title to such share, and a certificate of pro- 
 prietorship shall be delivered to such purchaser, and thereupon 
 he shall be deemed the holder of such share, discharged from 
 all calls due prior to such purchase, and he shall not be bound 
 to see to the application of the purchase money, nor shall his 
 title to such share he affected by any irregularity in the pro- 
 ceedings in reference to such sale. 
 
 22. The said Company shall not sell or transfer more of the 
 shares of any such defaulter than will be sufficient, as nearly 
 as can be ascertained at the time of such sale, to pay the ar- 
 rears then due from such defaulter on account of any calls, 
 together with interest and the expenses attending such sale 
 and declaration of forfeiture, and if the money produced by the 
 sale of any such forfeited shares be more than sufficient to pay 
 all arrears of calls and interest thereon due at the time of such 
 sale, and the expenses attending the declaration of forfeiture 
 and sale thereof, with the proof thereof and certificate of pro- 
 prietorship to the purchaser, the surplus shall, on demand, be 
 paid to the defaulters. 
 
 23. If payment of such arrears of calls, and interest and 
 expenses, be made before any share or shares so forfeited and 
 vested in the said Company shall have been soH by public 
 auction as aforesaid, such share or shares shall revert to the 
 party or parties to whom the same belonged before such for- 
 feiture, in such manner as if such calls had been duly paid. 
 
 24. His Excellency tl\e Lieutenant Governor or Adminis- 
 trator of the Government for the time being, by and with the 
 advice and consent of Her Majesty's Executive Council, be 
 and is hereby authorized and empowered to grant unto the 
 said Company, and the said Company are hereby invested 
 with the right, by their agents, servants, and workmen, to 
 enter and go in and upon the Crown Lands lying in the route 
 or line of the contemplated Railway, for the purpose of making 
 examinations, surveys, and other necessary arrangements, and 
 also for the construction and repair of the said Railway and 
 the Branches connected with the said Railway, its several 
 station houses and depots,and for fuel for the use of the engines, 
 station houses, and depots, belonging thereto and the said 
 Branches, to dig for, take, remove, and use any earth, gravel, 
 stone, timber, wood, or other matter under, on, or from the 
 
232 UNREPEALED ACTS. [14 V. C 1 
 
 Crown Land contiguous to the RaiI*Fay, free from any duties 
 or charges therefor. 
 
 25. It shall and may be lawful for the said Lieutenant 
 Governor or Administrator of the Government for the time 
 being, by and with the consent aforesaid, and he is hereby 
 fully authorized and empowered to grant unto the said Com- 
 pany, without pecuniary consideration, from the vacant Crown 
 Lands, a belt or strip of such part of the Crown Lands as the 
 said contemplated Railway and the said Branches may pass 
 over and through, the said belt or strip to extend two hundred 
 feet on both sides of the track of the Railway measured from 
 the centre thereof, and also additional pieces or parcels of 
 land severally not exceeding five hundred feet in length and 
 three hundred feet in breadth, measured along and at right 
 angles to the line of the said belt or strip of land at such points 
 and distances from each other not less than five miles, as may 
 be necessary, and the said Company may elect and determine. 
 
 26. If the said Railroad shall in the course thereof cross 
 any tide waters, navigable rivers, or streams, the said Com- 
 pany are hereby authorised and empowered to erect, for the 
 sole and exclusive travel on the said Railroad, a Bridge across 
 each of the said rivers or streams, or across any such tide 
 waters, provided such Bridge or Bridges shall be so constructed 
 as not unnecessariW to obstruct or impede the navigation of 
 said w^ater^. 
 
 27. No County, Parish, City, or other local tax or assess- 
 ment shall be levied or assessed on or payable by the said Cor- 
 poration, or any of their lands, tenements, personal property, 
 privileges, or franchises, or on the stock thereof owned by the 
 respective shareholders therein, or oh the income derivable 
 therefrom. 
 
 28. The Legislature of this Province shall at all times here- 
 after have the right to enquire into the doings of the said Cor- 
 poration, and into the manner in which the privileges and fran- 
 chises herein and hereby granted, may have been used and 
 employed by the said Corporation, and to correct and prevent 
 all abuses of the same, and to pass any lavvs imposing fines and 
 pensllties u])bn said Corporation, which may be necessary more 
 ei^ectually to cothpel a compliance with the provisions, liabili- 
 
 I \ee, and dpties herein set forth and enjoined, but not to im- 
 
14 v. C 1] UNREPEALED ACTS. 233 
 
 pose any other or further duties, liabilities, or obligations; and 
 that this Charter shall not be revoked, annulled, altered, or 
 amended, without the consent of the Corporation, or during 
 the present Session of the Legislature, or limited or restrained 
 except by due process of law. 
 
 29. It shall be lawful for the sdid Corporation, if they shall 
 at any time or times hereafter deem it expedient so to do, to 
 join and unite with any Body Politic, or Corporation, or Com- 
 pany in the Province of Nova Scotia, or State of Maine, or to 
 be formed therein for the purpose of constructing the whole or 
 any portion of the said continuous line of Railway from the 
 City of Bangor aforesaid, through this Province of New Bruns- 
 wick, to the Eastern Coast of Nova Scotia, as set out in the 
 third Section of this Act ; and also to enter into such contracts, 
 arrangements, or agreements, by Deeds or Writings, with all 
 or any of such Bodies Politic, Corporations, or Companies, as 
 may be considered mutually beneficial, and as will conduce to 
 the accomplishment of the desired end, and to the effectual 
 carrying into operation the objects and intentions of this Act, 
 and of such Bodies Politic, Corporations, and Companies, and 
 as may tend to the mutually beneficial management of the 
 affairs of said continuous Railway during its erection and after 
 its completion, and ^he just and equitable distribution and ap- 
 propriation of the proceeds and earnings thiereof; and all such 
 contracts, arrangements, agreements, deeds, and writings, 
 shall be valid and binding within this Province, as well on this 
 Corporation as on such Bodies Politic, Corporations, and Com- 
 panies, being parties thereto respectively, and shall be duly 
 enforced in the Courts of this Province, as if the said Bodies 
 Politic, Corporations, and Companies had been duly incorpo- 
 rated herein. 
 
 30. Provided always. That if the said contemplated Railway 
 shall not be completed and in full operation within the space 
 often years from the time this Act shall come into operation, 
 all and ev^ry the said grants of land, and the rights and privi- 
 leges conferred by this Act, shall be utterly null and void, and 
 the land and privileges shall revert to and revest in Her Ma- 
 jesty, as fully as if no grant had been made or rights and privi- 
 leges conferred. 
 
 31. The said Company shall be and are hereby invested with 
 
234 UNREPEALED ACTS. [14 V. C 1 
 
 al! the powers, privileges, and immunities which are or may be 
 necessary to carry into effect the intentions and objects of this 
 Act ; and for this purpose the said Company, their successors, 
 deputies, agents, and assistants, shall hare the right to enter 
 and go into and upon the lands and.grounds of all and every 
 description lying in the said route and general direction as 
 aforesaid, for the purpose of making surveys, examinations, 
 or other necessary arrangements for fixing the site of the said 
 Railway ; and it shall and may be lawful for the said Company 
 and their successors to take and hold so much of the land and 
 other real estate as may be necessary for the laying out, 
 making and constructing, and convenient operation of the said 
 Railway, and shall also have the right to take, remove, and 
 use, for the necessary construction and repair of said Rail- 
 way and appurtenances, any earth, gravel, stone, timber, or 
 other materials on or from the land so taken, without any 
 previous agreement with the owner or owners, tenant or 
 tenants of the land, and upon which such surveys, examina- 
 tions, or other arrangements may be made, or thrdUgh which 
 the said Railway may be explored, laid out, made, worked, or 
 constructed, or on which materials and other things shall be 
 laid for the purposes of the said Railway ; provided always, 
 that the said land so taken shall not exceed six rods in width, 
 ejccept where greater width is necessary for the purpose of 
 excavation or embankment ; and where the said Railway shall 
 pass through any woods, lands, or forests, the said Company 
 shall have the right to fell or remove any trees standing 
 thereon to the distance of six rods from either side of the said 
 Railway, which by their liabilities to be blown down, or from 
 their natural falling., might obstruct or impair said Railway ; 
 provided always, that in all cases the said Company shall 
 pay for such lands or estate so taken or used (in case the 
 owner thereof demand it) such price as the said Company and 
 the owner or respective owners thereof may mutually agree 
 upon ; and in case the said parties should not agree, then it 
 shall be lawful for the said Company or the said parties to 
 apply to three or more of the Commissioners to be appointed 
 in manner hereinafter provided, who shall, after giving at least 
 twenty days notice in writing to the said Company and parties, 
 ejcamine the site of the said Railway ; and in case the said 
 
14 V. C 1] UNREPEALED ACTS. 235 
 
 Railway shall pass through or extend upon any improved lands, 
 or shall occasion the removal of any buildings or fences, then 
 and in all such cases the damages shall be ascertained and 
 assessed by such Commissioners or a majority of them ; pro- 
 vided always, that not less than three Commissioners shall 
 concur in such assessment : provided nevertheless, that the 
 said Commissioners in assessing the said damages, are autho- 
 rized and empowered, and shall take into consideration the 
 indirect as well as the direct advantages which may accrue to 
 the owner or respective owners, as such owner or respective 
 owners, by the construction of such Railway, as by the 
 enhancement in value of the land by the passage of the Rail- 
 way in regard to the increased facilities of access to the differ- 
 ent stations and termini of the said Railway, in diminution of 
 the damages ; and in all cases where the Commissioners shall 
 assess damages to be paid to the owner or owners of any land 
 over which the said Railroad may be laid out, the Commis- 
 sioners so assessing shall lay the said assessment before the 
 next general meeting of the said Company under the authority 
 of this Act, who are hereby required to pay the amount set 
 forth in the said assessment into the hands of the persons for 
 whom such damages may have been assessed, within twenty 
 one days next after such general meeting of the said Company, 
 together with the reasonable costs and charges of the said 
 Commissioners in assessing such damages ; and in default of 
 such payment it shall and may be lawful for the said Commis- 
 sioners, or either of them, in case of the absence or death of 
 the others, at the instance of the said party or parties to 
 whom such damages are payable, by warrant under the hands 
 and seals of the said Commissioners, or one of them (in case 
 aforesaid) to levy the same with costs by distress and sale of 
 the goods and chattels of the said Company ; provided always 
 that no claim for damages shall be allowed by such Commis- 
 sioners, unless the same shall have been made in writing and 
 submitted to the said Company within one year from the time 
 of taking such land or other property; provided also, that 
 nothing in this Act contained shall be construed to affect the 
 rights of the Crown in any ungranted lands within this Province, 
 or to authorize the said Company to enter upon or take pos^ 
 session of any such lands without the previous permission of 
 the Executive Government of the Province. 
 
236 UNREPEALED ACTS. [14 V. C 1 
 
 32. And whereas divers and many persons, being the owners 
 and proprietors of or interested in lands through which the line 
 or route of the said Railway may pass, have by deeds or writings 
 under their hands and seals, after reciting that — ' Whereas at 
 
 * a Convention held at Portland in the State of Maine, for the 
 ' purpose of devising means to insure the construction of a 
 ' Railroad to extend from Portland aforesaid, in a cohtiniious 
 
 * land route through the Province of New Brunswick, to a suit- 
 ' able point or terminus on the Eastern Coast of the Province 
 ' of Nova Scotia, and to be called "The Europeaii and North 
 ' American Rail Road," John A. Poor, Esquire, of Portland, 
 
 * the Honorable Anson G. Chandler, of Calais, the Honorable 
 ' Elijah L. Hamlin, of Bangor, the Honorable James B. Uniacke, 
 ' of Halifax, Robert B. Dickie, Esquire, of Amherst, Robert 
 ' Jardine, Esquire, of Saint John, and George Botsford, Esquire, 
 
 * of Fredericton, were appointed an Executive Committee to 
 ' carry out the object of the said Convention, and to obtain a 
 ' Charter or concurrent Charters from the Legislatures of 
 ' Maine, New Brunswick, and Nova Scotia, to incorporate a 
 ' Company or Companies for that purpose :' Then in con- 
 sideration that the said Committee did take upon themselves 
 the aforesaid duty, and proctire as aforesaid a Charter or con- 
 current Charters, the subscribers feeling a deep interest in the 
 erection of the said Railroad, did each for himself thereby 
 covenant and agree to arid with the said Committee, that such 
 Company when formed, or any persons in their employment 
 might, for the purposes of such Railroad, enter upon any 
 lands belonging to either of them, and appropriate therefrom 
 a sufficient width of way for such road over such lands, lio't 
 exceeding six rods in width, without any claim for compensa- 
 tion or damages on either of their parts, except in cases where 
 such road or width of way requires the removal of any build- 
 ings ; and tliey further severally consented each for himself, 
 that an Act of Assembly might be passed, to give full effect 
 to the licence and agreement aforesaid, and for vesting such 
 width of way in such Company for the purposes of said Road : 
 And whereas other parties have executed or may hereafter 
 execute other deeds, covenants, agreements, writings, or 
 documents to the like purport and effect, or for carrying oilt 
 the same object^ or intentiofls ; — All and every such deedk, 
 
14 v. C 1] UNREPEALED ACTS. 237 
 
 covenants, agreements, writings, or documents already exe- 
 cuted, or wliich shall hereafter be executed, shall be binding 
 in, law on each and every of the said parties thereto respectively, 
 and each and every of them, their heirs and assigns, to take 
 effect from the day when the same shall be respectively signed 
 by the respective parties thereto, and be binding on such 
 parties, their heirs and assigns, from the day of such signing 
 of the same respectively, as if made and entered into with this 
 Company after the passing of this Act, and of the organization 
 of the said Company themselves ; and all the lands, rights, 
 privileges, and immunities mentioned and referred to in said 
 deeds, covenants, agreements, writings, or documents respec- 
 tively, which may be required, taken, or used by the said 
 Company, for the purposes of the said Railway, shall by opera- 
 tion of law vest absolutely in said Company, and shall be to 
 all intents and purposes as valid and effectual for absolutely 
 conveying and transferring said lands, and the right, title, and 
 interest of said parties respectively, their heirs and assigns, there- 
 in or thereto, as if they had respectively signed, sealed, and 
 delivered to the said Company goo(l, valid, and effectual convey- 
 ances and assurances therefor, and for the rights, privileges, 
 and immunities granted, mentioned, or intended to be granted 
 by such deeds, writings, covenants, agreements, or documents 
 respectively, without registration or further act, deed, matter, 
 or thing being done or performed. 
 
 33. When and so soon as the same may be deemed 
 necessary, the Lieutenant Governor or Administrator of the 
 Government for the time being, by and with the advice and 
 consent of Her BJajesty's Executive Council, shall appoint not 
 less than five persons to be Commissioners for ascertaining 
 and settling ^11 disputes or difficulties, with reference to the 
 payment for land or materials taken or used by the said Com- 
 pany under the thirty first, thirty fourth, and thirty fifth Sections 
 of this Act, or damages occasioned thereby ; which said Com- 
 missioners shall be appointed during pleasure ; and in case of 
 vacancy by refusal to act, resignation, death, removal, incapa- 
 city, or absence from the Province, appointments shall be 
 forthwith made as aforesaid for filling such vacancies, and said 
 Commissioners shall be sworn to the faithful and impartial 
 discharge of their duties before any Clerk of the Peace for any 
 
238 tNREPEAL'ED ACTS. [14 V. C 1 
 
 County in this Province, and the Clerk so administering sucK 
 oath shall forthwith transmit a certificate of such oath having 
 been duly administered, to the Office of the Secretary of .the 
 Province. 
 
 34. When the said Company shall take any land or estate 
 of any Body Coi-porate, aggregate or sole, guardians, com- 
 mittees, executors, administrators, or other trustees whatso- 
 ever, held for or on behalf of those whom they represent, 
 whether corporations, infants, idiots, lunatics, feme-coverts, 
 persons deceased of beyond seas, or other person or persons 
 whatsoever, who are or shall be possessed of or interested in 
 the said land or estate, the respective contracts, agreements, 
 and sales of the said corporations, guardians, committees, ex- 
 ecutors, administrators, or other trustees whatsoever, shall be 
 valid and effectual in law to all intents and purposes whatso- 
 ever, and their respective receipts shall be good and valid re- 
 leases and discharges therefor ; and it shall be lawful for them 
 respectively to agree and settle with the said Company" for 
 damages, if any, by reason of taking such land or estate 
 aforesaid, and in case of disagreement, such damage to be 
 ascertained and settled as provided by the thirty "first Section 
 of this Act. 
 
 35. The said Company, their superintendents, engineers, 
 agents, and workmen, may enter upon the land adjoining the 
 said Railway, and from thence take and carry away any tim- 
 ber, stone, gravel, sand, and earth, or materials necessary for 
 the construction of the said Railway ; and in case of any slip 
 happening or being apprehended to any cutting, embank- 
 ment, or other work belonging to the said Railway, the said 
 agents and workmen shall at all times hereafter have full egress 
 and regress into and upon such adjoiniug lands, for the purpose 
 of repairing and preventing such accident, and to do such 
 works as may be necessary foi- the purpose ; provided always, 
 that such works shall be as little injurious to the said adjoining 
 land as the nature of the operations will admit of, and shall be 
 executed with all possible dispatch, in all which cases the da- 
 mage incurred, if the parties cannot agree, shall be ascertained 
 and paid in like manner in all respects as provided for in the 
 thirty first Section of this Act. 
 
 36. The said Company, at their own proper costs and 
 
14 V. C I] UNREPEALED ACTS. 239 
 
 charges, shall erect and maintain on each side of the said 
 Railway, sufScient fences wherever the same may be necessary, 
 in order to protect the public, or wherever any cleared or 
 cultivated land occurs on the line of the said Railway ; and for 
 neglect or failure to erect and maintain such necessary fences, 
 the said Company shall be liable to be indicted at any Court 
 of Oyer and Terminer or General Sessions of the County where 
 such fences shall be insufficient, and to be fined in such sum as 
 shall be then and there adjudged ; and such fine shall be ex- 
 pended for the erection or repair of said fences, and for com- 
 pensation of individual damage, as the case may be; and it 
 shall and may be lawful for the Justices of the said Court of 
 Oyer and Terminer or General Sessions; to make such order 
 for levying the said fine on the property of the said Company, 
 or otherwise, as to them shall seem most proper to the exigen- 
 cies of the case, which said fine shall be exclusive of any 
 claim for damages which any party may sustain by any such 
 neglect or failure as aforesaid. 
 
 37. The said Company shall cause a bell of at least thirty 
 five pounds in weight, to be placed on each locomotive engine 
 passing upon the said road, and the said bell shall be rung at 
 the distance of at least eighty rods from the place where such 
 road crosses any railroad, turnpike, highway, statute labour 
 or private road, upon the same line with the Railroad, and 
 shall be kept ringing until the engine shall have crossed such 
 railroad, turnpike, highway, statute labour or private road, 
 and every train of cars moved by steam power shall be pro- 
 vided with suitable breaks, and one trusty and skilful break- 
 man to every two cars in said train. 
 
 38. Wherever the said Railw.ay or any of its branches shall 
 cross, or shall hereafter cross any railroad, highway, turnpike 
 road, statute labour or private road for carriages of any des- 
 cription within this Province, the said Company shall cause 
 boards to be placed, well supported by posts or otherwise, and 
 constantly maintained across each railway, highway, statute 
 labour or private road, where it is crossed by the Railroad 
 upon the same level therewith, the said posts and boards to be 
 of such height as shall be easily seen by travellers without 
 obstructing the travel, and on each side of said boards the fol- 
 lowing inscription shall be printed in plain legible letters of at 
 
240 UNREPEALED ACTS. [14 V. C 1 
 
 least the length of nine inches, " Railroad crossings, look out 
 for the Engine >yhen the bell rings ! !" Provided always, that 
 it shall be lawful, if the said Company shall deem it more con- 
 ducive to the public safety, for the said Company, at their own 
 expense, to carry such turnpike or highway, statute labour or 
 private road, over or under such railway, by means of a bridge 
 or archway, in lieu of crossing the same on the level, and shall 
 have power to raise or lower such turnpike, statute labour or 
 private road, so as the safe and convenient use thereof be not 
 obstructed ; and the said Company shall constantly maintain 
 in good repair all bridges, with the abutments and embank- 
 ments which they may construct for conducting the Railroad 
 over any turnpike, highway, statute labour or private road, 
 over said Railroad ; and when the said Railway shall approach 
 any such turnpike, highway, statute labour or private road, so 
 as to be inconvenient in the construction or building of said 
 Railroad, or in the discretion of the Directors of the said Com- 
 pany, dangerous to persons passing on such turnpike, highway, 
 statute labour or private road, it shall be lawful for the said 
 Company to alter and change the line or course of such turn- 
 pike, highway, statute labour or private road, so as to obviate 
 any such inconvenience, difficulty, or danger, doing as little 
 injury to such turnpike, highway, statute labour or private 
 road, as may be. 
 
 39. The immediate government and management of the 
 affairs of the said Conipany shall be vested in seven, nine, or 
 thirteen Directors, as the said Company may by bye law from 
 time to time fix and determine, who shall be proprietors of at 
 least forty shares each, and who shall be chosen by the share- 
 holders of the said Company in the manner hereinafter provided, 
 aad shall hold the^r offices until others shall have been duly 
 elected and qualified to take their places ; not less than 
 three or five Directofs, as the said Company shall by bye law 
 from time to time fix and determine, shall constitute a Board 
 for the transaction of business, of which the President shall 
 always be one, except in case of sickness or necessary absence, 
 in which case the Directors present may choose one of their 
 number as Chairman in his stead ; the President shall vote at 
 .the Board as a Director, and in case of there being an equal 
 number of votes for and against any question before them, the 
 President shall have the casting vote. 
 
14 V. C 1] UNREPEALED ACTS. 241 
 
 40. The number of votes which each shareholder shall 
 be entitled to on every occasion when in conformity to the pro- 
 visions of this Act the votes of the shareholders are to be given, 
 shall be in the following proportions, that is to say, each share 
 one vote ; and all shareholders may vote by proxy if they shall 
 see fit, provided each proxy do produce from his constituent 
 whom he shall represent, or for whom he shall vote, an appoint- 
 ment in the form set forth in the Schedule (B) to this Act 
 annexed, or to the like effect ; and whatever question of 
 election of public officers or other matters or things shall be 
 proposed, discussed, or considered in any public meeting of the 
 said Company under the authority of this Act, shall be deter- 
 mined and decided by the majority of votes and proxies then 
 and there present ; provided always, that such proxy shall have 
 been registered in a book to be kept for that purpose at least 
 forty eight hours before the meeting at which such proxy shall 
 claim to vote ; provided also, that neither the President nor 
 any Director of the Company for the time being, shall be 
 allowed to vote as proxy, and that the same person shall not 
 vote as proxy for any number of persons who together shall be 
 proprietors of more than two hundred shares. 
 
 41. Whenever one hundred thousand pounds of the said 
 capital stock shall have been subscribed and the deposits paid 
 as aforesaid, the first general meeting of the shareholders shall 
 take place in the City of Saint John, and such meeting shall 
 be called by Daniel J. M'Laughlin, President of the Commer- 
 cial Bank above named, or in case of his death, absence, 
 neglect, or refusal, by any two of the said Company, to be 
 called by notice in the Royal Gazette at Fredericton, and in 
 one or more of the Newspapers published in Saint John, thirty 
 days previous to such meeting, in order to organize the said 
 Company, make bye laws, and to choose the Directors thereof, 
 who shall continue in office until re-elected, or others chosen 
 and appointed in their stead, at any meeting to be held 
 under the authority of this Act ; the shareholders present or 
 appearing by proxy shall choose the Directors of the said 
 Company by a majority of votes, and the Directors so chosen 
 shall choose out of their number one who shall be President of 
 the said Company ; and in case of the death, resignation, 
 removal, disqualification by sale of stock, or incompetency of 
 
1^2 UNREPEALED ACTS. [14 V. C 1 
 
 any Director, the remainibg Directors, if thtiy think propei- so 
 to do, may elect in his place some other s<barehblder duly 
 qualified to be a Director, and the shareholder so elected to 
 fill up any snch vacancy, shall contiHue in office as a Director 
 so long only as the person in whose place he shall have been 
 elected would bare been entitled to continue if he bad remained 
 in office. 
 
 42. The said Directors shall have the power of calling extra- 
 ordinary meetings of the said Company, when they may con- 
 
 ' sider the same expedient or necessary, and of nominating and 
 appointing all and every the officers and engineers and other 
 persons connected with the Said Railway, at such salaries or 
 rates of remuneration as to the said Directors shall seem 
 proper, subject to the bye laws, rules, and regulations of the 
 said Company ; and the shareholders shall have the power 
 from time to lime to alter and amend, of to make such new 
 rules, bye laws, and regwlationsi for the good government of 
 the said Company, and of the said RailXvay, and of the works 
 and property hereinbefore mentioned, and for the well govern- 
 ing of the engineers, workmen, and other persons employed by 
 the said Company, as to the major part of the said shareholders 
 at the annual meeting of th^s^id Company shall seem meet; 
 which said rules, bye laws, and regulations, being put into 
 writing under the Common Seal of the said Company, shall if 
 not disapproved of by the L'ieutenant Governor or Adminis- 
 trator of the Government in this ProVince'for the time being, 
 as hei'einbefore provided, be published in the Royal Gazette at 
 Frederieton, arid also in one or more of the Newspapers pub- 
 lished in the City of Saint John, shall be binding upon and ob- 
 served by 'all parties, and shall be sufficient in any Co«rt of 
 Law to justify all persons who shall act under the same. 
 
 43. The said shareholders shall meet annually at the City of 
 Saint John, on the first Tuesday in September in each if ear, or at 
 such other time of place in this Province in each year as may 
 fronl time to time be fixed and determined by afiy bye laws of 
 said Company ; at which meeting the shareholders present 
 personally or by proxy, may either continue in office the 
 Directors before appointed. Or any number of them, or may 
 elect a new body of Directors to supply the places of those not 
 Continued iti office; pfovided always, that the omission to meet 
 
14 V. C 1] UNREPEALED ACTS. 243 
 
 shall work no forfeiture, but the shareholders may be affer- 
 WEtrds calje4 together fbr that purpose by the Directors of the 
 said Company for the time being. 
 
 44. The said Company at the first general meeting for the 
 tjhoice of Directors shall elect two Auditors in like manner as 
 is provided for the election of Directors ; and at the annual 
 general meeting of the Company in each year thereafter, the 
 Company shall in like manner elect an Auditor to supply the 
 place of the Auditor then retiring from office according to the 
 provision hereinafter contained ; and every Auditor so elected, 
 being neither removed or disqualified, nor having resigned, 
 shall continue to be an Auditor until another be elected in his 
 stead ; and one of the two Auditors first elected (to be deter- 
 mined in the first instance by ballot between themselves, unless 
 they shall otherwise agree, and afterwards by seniority) shall 
 go out of oflSce at the annual general meeting in each year; 
 but the Auditor so going out shall be immediately re-eligible, 
 and after any such re-election shall, with respect to the going 
 out of office by rotation, be deemed a new Auditor ; and if any 
 vacancy take place among the Auditors in the course of the 
 current year, the vacancy shall be filled by the shareholders at a 
 special meeting ; provided always, that every Auditor shall 
 have at least one share of stock in the said Company, but shall 
 not hold any other office in the same, or be in any other man- 
 ner interested in its concerns except as a shareholder. 
 
 45. The Directors of the Company shall deliver to such 
 Auditors the half yearly or other periodical accounts and 
 balance sheet, at least fourteen days before the annual general 
 meeting or before any special or periodical meeting at which 
 the same are required to be produced to the shareholders ; and 
 it shall be the duty of the Auditors to receive and examine 
 such accounts ; and it shall be lawful for the Auditors to em- 
 ploy such accountants and other persons as they may think 
 proper, at the expense of the Company; and they shall either 
 make a special report on the said accounts, or simply confirm 
 the same ; and such report or confirmation shall be read, together 
 with the Report of the Directors, at every annual or half 
 yearly or special meeting e^t which the accounts of the Com- 
 pany shall be presented. 
 
 46. Before any person entrusted with the custody or control 
 
244 UNREPEALED ACTS. [14 V. C 1 
 
 of moneys, whether Treasurer, Collector, or other officer of 
 the Company, shall enter upon his office, the Directors shall 
 take sufficient security from him for the faithful execution of 
 his office. 
 
 47. Every officer employed by the Company shall from time 
 to time, when required by the Directors, make oat and deliver 
 to them, or to any person appointed by them for that pnrpose, 
 a true and perfect account in writing under his hand, of all 
 moneys received by him on behalf of the Company ; and such 
 account shall state how, and to whom, and for what purpose 
 such moneys shall have been disposed of; and together there- 
 with, such officers shall deliver the vouchers and receipts for 
 such payments ;, and every such officer shall pay to the Direc- 
 tors, or to any person appointed by them to receive the same, 
 all moneys which shall appear to be owing from him upon the 
 balance of such accounts. 
 
 48. If an officer of the Company shall fail to render such 
 account, or to produce and deliver up all the vouchers and re- 
 ceipts relating to the same, which are in his possession or power, 
 or to pay the balance due by him when required, or if for three 
 days after being required, he fail to deliver up to the Direc- 
 tors, or to any person appointed by them to receive the 
 same, all papers and writings, property, effects, matters, 
 and things in his possession or power, relating to the exe- 
 cution of his office or belongitig to the Company, then on com- 
 plaint thereof being made to a Justice of the Peace, such Jus- 
 tice shall summon such officer to appear before two or more 
 Justices at a time and place to be set forth in the su'nmons, 
 to answer such charge; and upon appearance of such officer, 
 or in his absence, upon proof that the summons was personally 
 served upon him, or left at his last known place of abode, the 
 Justices may hear and determine the matter in a summary way, 
 and may adjust and declare the balance owing by such officer; 
 and if it appear either upon confession of such officer, or upon 
 evidence, or upon inspection of the account, that any moneys 
 of the Company are in the hands of such officer, or owing by 
 him to the Company, the Justices may order such officer to 
 pay the same ; and if he fail to pay the amount, it shall be 
 lawful for such Justices to grant a Warrant to levy the same 
 by distress, or in default thereof to commit the offender togaol. 
 
14 V. C 1] UNREPEALED ACTS. 245 
 
 there to remain without bail for a period not exceeding two 
 months unless the same be sooner paid. 
 
 49. If any such officer shall refuse to make out an ac- 
 count in writing, or to produce and deliver to the Justices the 
 several vouchers and receipts relating thereto, or to deliver up 
 any books, papers, or writings, property, effects, matters, or 
 things in his possession or power, belonging to the Company, 
 the Justices may lawfully commit such officer to gaol, there to 
 remain until he shall have delivered up all the vouchers and 
 r«ceipts, if any, in his possession or power relating to such 
 accounts, and have delivered up all books, papers, writings, 
 property, effects, matters, and things, if any, in his possession 
 or power, belonging to the Company ; provided always, that if 
 any Director or other person acting on behalf of the Company, 
 shall makeoaththat he has good reason to believe, upon grounds 
 to be stated in his deposition, and does believe that it is the 
 intention of any such officer as aforesaid to abscond, it shall be 
 lawful for the Justice before whom the complaint is madei, 
 instead of issuing his summons, to issue his warrant for the 
 bringing such officer before two such Justices as aforesaid ; 
 but no person executing such warrant shall keep such officer 
 in custody longer than twenty four hours before bringing him 
 before some Justice, and it shall be lawful for the Justice before 
 whom such officer may be brought, either to discharge such 
 officer, if he think there is no sufficient ground for his deten- 
 tion, or to order such officer to be detained in custody, so as 
 to be brought before two Justices at a time and place to be 
 named in the order, unless such officer give bail to the satis- 
 faction of the Justice for his appearance before the Justices, to 
 answer the complaint of the Company. 
 
 50. No such proceeding against or dealing with any officer 
 as aforesaid, shall deprive the Company of any remedy which 
 they might otherwise have against such officer or any surety 
 of such officer. 
 
 51. The said Company shall annually submit to the Legis- 
 lature, within the first fifteen days after the opening of each 
 Session, a. detailed and particular account, attested upon 
 oath of the Treasurer and two Directors, of the moneys re- 
 ceived and expended by the Company under and by virtue of 
 this Act, with a statement of the amount of tonnage and of 
 passengers that have been conveyed along the said road. 
 
246 UNREPEALED ACTS. [14 V. C 1 
 
 52. The Lieutenant Governor in Council may order and 
 direct the said Company, and whereupon it shall be their duty 
 to make up and deliver to the Provincial Secretary, Returns, 
 according to a form to be from time to time prescribed by the 
 liieutenant Governor in Council, of the aggregate traffic in 
 passengers, according to their several classes, and of the aggre- 
 gate traffic in cattle and goods respectively, on the said Rail- 
 way, as well as of all accidents which have occurred thereon 
 attended with personal injury, and also a table of all tolls, rates, 
 and charges, from time to time levied on each class of passen- 
 gers, and on cattle and goods, conveyed on the said Railway. 
 
 53. It shall be lawful for any number of shareholders hold- 
 ing in the aggregate five hundred shares, by writing under 
 their hands, at any time to require the said Directors to call 
 an extraordinary meeting of the said Company, and such 
 requisition shall fully express the object of the meeting required 
 to be called, and shall be left at the office of the said Company, 
 or given to at least three Directors, or left at their last or usual 
 place of abode ; and forthwith upon the receipt of such requi- 
 sition the said Directors shall convene a meeting of the share- 
 holders ; and if for thirty days after such notice the Directors 
 fail to call such meeting, the shareholders aforesaid, qualified 
 as aforesaid, may call such meeting, by giving thirty days 
 public notice thereof in the Gazette and Newspapers herein- 
 before in this Act mentioned. 
 
 54. Thirty days public notice at the least, of all meetings, 
 whether general or extraordinary, shall be given by advertise- 
 ment in the Gazette and Newspapers hereinbefore in this Act 
 mentioned, which shall specify the place, the day, and hour of 
 meeting ; and every notice of an extraordinary meeting shall 
 specify the purpose for which the meeting is called. 
 
 55. A toll be and is hereby granted for the sole benefit of the 
 said Company on all passengers and property of all descrip- 
 ■tions which may be conveyed or transported upon such Rail- 
 iway, any of it branches, or in the steamboats or vessels con- 
 jiected therewith as aforesaid, at such rates per mile as may 
 be established from time to time by the Directors of the said 
 Gompaffly ; the transportation of persons and property, the con- 
 .struction of cars and carriages, the weight of loads, and all 
 other matters and things in relation to the use of the said R,ail- 
 
14 V. C 1] UNREPEALED ACTS, 247 
 
 way and its branches, shall be in conformity to such rales, re- 
 gulations, and provisions, as the said Directors shall from time 
 to time prescribe and direct; and such Railway and its branches 
 may be used by any person or persons who may comply with 
 such rules and regulations ; provided always, that if after the 
 completing the said Railway, the rates, tolls, or dues that may 
 be established by the said Company, under and by virtue of 
 this Act, shall be found excessive, it shall and may be lawful 
 for the Legislature to reduce the said rates, tolls, or dues, so as 
 the same shall nottproduce to the said Company a greater rate 
 of clear net annual profits, divisible upon the subscribed and 
 paid up capital stock of the said Company, than fifteen pounds 
 annually for every one hundred pounds of such capital; and i-n 
 order that the triie state of the said Company shall be known, 
 it shall be the duty of the President and Directors thereof to 
 file in the Office of the Secretary of the Province, for the infor- 
 mation of the Legislature, at the expiration of seven years 
 after the said Railway shall have been completed as aforesaid, 
 a just and true statement and account of the moneys by them 
 disbursed and laid out in making and completing the said Rail- 
 way in manner aforesaid; and also the amount of tolls and 
 revenues of the said Railway, and of the annual expenditure 
 and disbursements in maintaining and keeping up the same 
 diuring the said seven years; the said several accounts and 
 statements to be signed by the President and Treasurer of the 
 said Company, and by such President and Treasurer attested 
 to on oath before any one of Her Majesty's Justices of the 
 Peace for any County in this Province; and provided also, 
 that it shall be the duty of the said President and Directors of 
 the said Company, once in each and every year after the ex- 
 piration of the said seven years, to file in the said Office of the 
 Secretary of the said Province, for the information of the Le- 
 gislature, a like statement and account, verified on oath by the 
 President and Treasurer as aforesaid. 
 
 56. The said Corporation, after they shall commence the 
 receiving of tolls, shall be bound at all times to have their 
 Railroad in good repair, and a sufficient number of suitable 
 engines, carriages, and other vehicles, for the transportation 
 of persons and articles, and be obhged to receive at all propel: 
 times and places, and convey the same, when the a^ppropriate 
 
248 UNREPEALED ACTS. [14 V. C 1 
 
 tolls therefor shall be paid and tendered, and a lien is hereby 
 created upon all articles transported for said tolls. 
 
 57. Repealed by 16 Vic. cap. 2. See post, yage 258. 
 
 58. It shall be lawful for the Postmaster General or his 
 chief Deputy, or the duly authorized authorities with reference 
 to the Post Office in this Province, by notice in writing under 
 his hand or under the hand of such Deputy or authorized 
 authority as aforesaid, delivered to the said Company, to 
 require that the Mails or Post Letter Bags shall from and 
 after the day to be named in such notice (being not less than 
 twenty eight days from the delivery thereof) be conveyed and 
 forwarded by the said Company on their Railway either by the 
 ordinary trains of carriages or by special trains as need may be, • 
 at such hours or times in the day or night, as the Postmaster 
 General or his said Deputy shall direct, together with the 
 guards appointed and employed by the Postmaster General or 
 his said Deputy, in charge thereof, and any other officers of the 
 Post Office ; and thereupon the said Company shall from and 
 after the day to be named in such notice, at their own costs, pro- 
 vide sufficient carriages atid engines on the said Railway for the 
 conveyance of such Mails and Post Letter Bags, to the satis- 
 faction of the Postmaster General or his said Deputy, and 
 receive and take up, carry and convey by such ordinary or 
 special train of carriages or otherwise, as need may be, all 
 such Mails or Post Letter Bags as shall for that purpose be 
 tendered to them, or any of their officers, servants, or agents, 
 by any officer of the Post Office, and also to receive, take up, 
 carry, and convey, in and upon the carriage or carriages car- 
 rying such Mails or Post Letter Bags, the guards in charge 
 thereof, and any other officer of the Post Office, and shall 
 receive, take up, deliver, and leave such Mails or Post Letter 
 Bags, guards, and officers, at such places in the line of such 
 Railway, on such days and such hours, or times in the day or 
 night, and subject to all such reasonable regulations and restric- 
 tions as to speed of travelling, places, times, and duration of 
 stoppages, and times of arrival, as the Postmaster General or 
 his said Deputy shall in that behalf from time to time order 
 or direct ; provided always, that the rate of speed required 
 shall in no case exceed the maximum rate of speed prescribed 
 by the Directors of the said Company for the conveyance of 
 
14 V. C 1] UNREPEALED ACTS. 249 
 
 passengers by their first class train, nor shall the Company be 
 responsible for the safe custody or delivery of any Mail Bags 
 so sent. 
 
 59. The said Company shall be entitled to such reasonable 
 remuneration, to be paid by the Postmaster General or his 
 Deputy for the conveyance of such Mails, Post Letter Bags, 
 Mail guards, and other officers of the Post Ofiice, in manner 
 required by such Postmaster General, his Deputy, or by such 
 authorized authority of the Post Office as he shall in that 
 behalf nominate as aforesaid, as shall (either prior to or after 
 the commencement of such service) be fixed and agreed upon 
 between the Postmaster General or such authorized authority 
 and the said Company; or in case of difi^rence of opinion 
 between them, the same shall be referred to the award of two 
 persons, one to be named by the Postmaster General, or his 
 Deputy, or such authorized authority, and the other by the said 
 Company ; and if such two persons cannot agree on the 
 amount df such remuneration or compensation, then to the 
 umpirage of some third person, to be appointed by such two 
 first named persons, previously to their entering upon the 
 enquiry ; and the said award, or umpirage, as the case may 
 be, shall be binding and conclusive on the said parties and 
 their respective successors and assigns. 
 
 60. In all references to be made under the authority of this 
 Act, the Postmaster General, his Deputy, or authorized autho- 
 rity, or the said Company, as the case may be, shall nominate 
 his or their arbitrators within fourteen days after notice frpm 
 the other party, or in default, it shall be lawful for the arbitra- 
 tor appointed by the party giving notice, to name the other 
 arbitrator, and such arbitrators shall proceed forthwith in the 
 reference, and make their award therein within twenty eight 
 days after their appointment, or otherwise the matter shall be 
 left to be determined by the umpire, and if such umpire shall 
 refuse or neglect to proceed and make his award for the space 
 of twenty eight days after the matter shall have been referred 
 to him, then a new umpire shall be appointed by the two first 
 named arbitrators, who shall in like manner proceed to make 
 his award within twenty eight days, or in default be superseded, 
 and so toties quoties, 
 
 61. Repealed by 15 Vic. cap. 41. See post, page 254. 
 
2S0 UNREPEALED ACTS. [14 V. C 1 
 
 62. The Directors of the said Company shall be and they 
 are hereby authorized from time to time to alter or vary the 
 tolls to be taken upon the said Railroad or its branches, as they 
 shall think fit ; provided that all such tolls be at all times 
 charged equally to all persons, and after the same rate, whether 
 per ton, per mile, or otherwise, in respect to all passengers, 
 and of all goods, chattels, or carriages of the same description, 
 and conveyed or propelled by a like carriage or engine passing 
 only over the same portion of the line of Railway under the 
 same circumstances; and no reduction or advance in any such 
 toll shall be made, either directly or indirectly, in favour of 
 or against any particular company or ])erson travelling upon 
 or using the Railway. 
 
 63. The said Company, on being required so to do by Her 
 Majesty's Government, shall be bound to allow any person or 
 persons duly authorized by Iler Majesty's Government, with 
 servants and vvorkmen, at all reasonable times to enter into 
 and upon the lands of the said Company, and to establish and 
 lay down upon such lands adjoining the line of the said Rail- 
 way or any of its branches, a line of Electrical Telegraph for 
 Her Majesty's Service, and to give to him and them every 
 reasonable facility for laying down the same and for using the 
 same for the purpose of receiving and sending Messages on 
 Her Majesty's Service, subject to such reasonable remuneration 
 to the Company as may be agreed upon between the Company 
 and Her Majesty's Government ; provided always, that sub- 
 ject to a prior right of use thereof for the purposes of Her 
 Majesty, such Telegraph may be used by the Company for the 
 purposes of the Railway, upon such terms as may be agreed 
 upon between the parties, or in the event of differences, as 
 may be settled by arbitration, in like manner as is provided 
 for in the fiftieth and fifty first Sections of this Act for £xing 
 the compensation or remuneration to this Company for carry- 
 ing Mails. 
 
 64. The Directors of the said Company shall make half- 
 yearly dividends of tolls, income, and profits arising to the said 
 Company, first deducting thereout the annual costs, charges, 
 and expenses of the said Company, as well of the repairs of 
 the works belonging to them, as for the salaries and allow- 
 ances of the several ofiicers and servants, and for such other 
 
14 V. C 1] UNREPEALED ACTS. 251 
 
 purposes connected with the said Company as may be deemed 
 proper by the said Directors, consistent with the bye laws, 
 rules, and regulations of the said Company. 
 
 65. If any money be payable from the said Company to any 
 shareholder or other person being a minor, idiot, or lunatic, the 
 receipt of the guardian of such minor, or the receij)t of the 
 committee of such lunatic, shall be a sufficient discharge to the 
 said Company for the same. 
 
 66. Before apportioning the profits to b? divided among the 
 shareholders, the said Directors may, if they think fit, set aside 
 thereout such sum as they may think proper to meet contin- 
 gencies, or for enlarging, repairing, and improving the works 
 connected with the said Railway or its branches, or any part of 
 the said undertaking, and may divide the balance among the 
 shareholders. 
 
 67. No dividend shall be paid in respect of any share until 
 all calls then due in respect of that and every other share held 
 by the person to whom such dividend may be payable shall 
 have been paid. 
 
 68. The joint stock or property of the said Company shall 
 alone be responsible for the debts and engagements of the said 
 Company ; and no person or persons who shall or may 
 have dealings with the said Company shall under any pretence 
 whatsoever have recourse against the separate property of any. 
 of the individual shareholders of the said Company, or against 
 their person or persons, further than may be necessary for the 
 faithful application of the funds of the said Company ; provided 
 also, that no shareholder of the said Company shall be liable 
 for or charged with the payment of any debt or demand due 
 from the said Company beyond the extent of his share in the 
 capital of 1(he said Company not then paid up. 
 
 69. No suit or action at law or equity shall be brought or 
 prosecuted by any person or persons for any act, matter, or 
 thing done under the authority of this Act, unless such suit or 
 action shall be commenced within six months next after the 
 offence shall have been committed, or cause of action accrued; 
 and the defendant or defendants in such suit or action may 
 plead the general issue, and give this Act and the special mat- 
 ter in evidence under the said plea, and that the same was 
 done in pursuance and by the authority of this Act. 
 
252 UNREPEALED ACTS. [14 V. C 1 
 
 70. If any person or persons shall wilfully and maliciously, 
 or wantonly, and to the prejudice of the undertaking, break, 
 injure, or destroy any of the works to be made by virtue of 
 this Act, or obstruct the passage of any carriage on said Rail- 
 road, or in any way spoil, injure, or destroy such Railroad, or 
 any part thereof, or any thing belonging thereto, or any 
 materials or implements to be employed in the construc- 
 tion or for the use of the said Railroad, every such person 
 or persons shall be, adjudged guilty of felony ; and every 
 person so offending shall be guilty of felony, and being 
 convicted thereof shall be liable to be imprisoned in the 
 Provincial Penitentiary for a term not exceeding four years, 
 which punishment shall be in addition to any civil or other 
 remedy fdr such offence. 
 
 71i This Company shall have all the powers and authorities 
 which are or may be given by any Act or Acts of the General 
 Assembly of this Province to Commissioners of Roads for the 
 purpose of removing any obstruction, or for selling or disposing 
 of any articles left on said Railroad. 
 
 72. The Legislature of this Province may authorize other 
 Companies to connect their Railroads with the Railroad of this 
 Company, at any points on the route of said Railroad, and this 
 Company may connect their Railroad with any other Railroad 
 existing or to be constructed within this Province. 
 
 73. The said Company, to entitle themselves to the privi- 
 leges, benefits, and advantages to them granted in this Act, 
 shall and they are hereby required to make and complete the 
 said Railway within ten years from the passing of this Act, 
 and if the same shall not be so made and completed within the 
 period before mentioned, so as to be used for the conveyance 
 and carriage of passengers, goods, chattels, wares, and mer- 
 chandise thereon, then this Act and every matter and thing 
 therein contained shall cease and be utterly null and void. 
 
 74. This Act shall come into operation and be in force from 
 and after the first day of June next ensuing. 
 
15 V. C 41] UNREPEALED ACTB. 253 
 
 SCHEDULE. 
 
 (A) 
 
 Form of Certificate of Share. 
 
 The European and North American Railway Company. 
 
 Number 
 
 This is to certify that A. B. of is proprietor of the 
 
 Share {or Shares) Number of the Eur.3pean and North 
 
 American Railway Company, subject to the regulations of the 
 said Company, and upon which Shares respectively the sum of 
 has been paid. Given under the Common Seal of the 
 said Company the day of in the year of our Lord 
 
 one thousand eight hundred and 
 
 (B) 
 
 Form of Proxy. 
 
 I, A. B. of do hereby nominate, constitute, and ap- 
 
 point C. D. of to be my proxy, in my name and in my 
 
 absence to vote or give any assent or to dissent from any busi- 
 ness, matter, or thing relative to the European and North 
 American Railway Company, in such manner as he the said 
 C. D. shall think proper and for the benefit of the said Com- 
 pany. In witness whereof I, the said A. B. have hereunto set 
 my hand (or if a Corporation say, the Common Seal of the 
 Corporation) the day of one thousand eight hun- 
 
 dred and 
 
 A. B. 
 
 15th Victoria — Chapter 41. 
 
 An Act to amend an Act to incorporate the European 
 and North American Railway Company. 
 
 Section. Section. 
 
 1. Amendment of Section. ' 4. "What use of Railway conceded to Hali- 
 
 2. Repeal of and substitution of another fax Railway. 
 
 Section. 5. Construction of thisAct and other Rail- 
 
 3. SlectricTelegraphs along Railways, how way Acts of this line. 
 
 used. 
 
 Passed Tth April 1852. 
 
 Whereas the Act passed in the fourteenth year of the 
 Reign of Her present Majesty, intituled -4re Act to incorporate 
 the European and North American Railway Company, re- 
 quires to be amended in certain particulars ; — 
 
254 UNREPEALED ACTS. [15 V. C 41 
 
 Be it therefore enacted, fyc. as follows: — 1. The thirty eighth 
 Section of the aforesaid Act of Incorporation shall be and the 
 same is hereby amended by the following addition thereto : — 
 Provided always, that the Lieutenant Governor or Administra- 
 tor of the Government for the time being, or any public officer 
 by him appointed for that purpose, may direct the said Rail- 
 way Company to make alterations in crossings vvhich the in- 
 crease of traffic on the highways, turnpike, or other roads what- 
 soever, arising from that on the Railway, may render neces- 
 sary, although at the outset a level crossing might be allowed 
 without danger ; and the alteration so directed shall forth- 
 with be made by the Company. 
 
 2. The sixty first Section of the said Act of Incorporation 
 shall be and the same is hereby repealed ; and in lieu thereof, 
 it is enacted as follows : — The Directors of the said Railway 
 Company shall be bound to provide such conveyance for the 
 Officers or Soldiers of Her Majesty's Forces of the Line, Ord- 
 nance Corps, Marines, Militia, or Police Forces, at such time 
 or times, (whether the same shall be the usual hours of starting 
 trains or not) as shall be required or appointed by any Officer 
 duly authorized for that purpose', and with the whole resources 
 of the Company, at fares not exceeding two pence sterling per 
 mile for each commissioned Officer proceeding on duty, such 
 Officer being entitled to conveyance in a first class carriage ; 
 not exceeding one penny sterling per mile for each Soldier, 
 Marine, or Private of the Militia or Police Force, and also for 
 each wife, widow, or child above twelve years of age, of a 
 Soldier, entitled by Act of Parliament or by competent autho- 
 rity to be sent to their destination at the public expense ; chil- 
 dren under three years of age so entitled to be taken free of 
 charge ; and children of three years of age and upwards, but 
 under twelve years of agp, so entitled, being taken at half price 
 of an adult ; such Soldiers, Marines, and Privates of the 
 Militia and Police Force, and their wives, widows, and children 
 so entitled, being conveyed in ciirriages which shall be provided 
 with seats, with sufficient space for the reasonable accommo- 
 dation of the persons conveyed, and which shall be protected 
 against the weather ; prdvided that every Officer conveyed 
 shall be entitled to take with him one hundred weight of per- 
 sonal luggage without extra charge ; and every Soldier, Marine, 
 
15 Y. C 41] UNREPEALED ACTS. 255 
 
 Private, Wife, or Widow, sliall be entitled to take with him or 
 her half a hundred weight of personal luggage without extra 
 charge ; all the excess of the above weights of personal luggage 
 being paid for at the rate of not more than one half penny per 
 pound; and all public baggage, stores, arms; ammunitions, and 
 other necessary things, (except gunpowder and other combusti- 
 ble matters, which the Company shall only be bound to convey at 
 such prices and upon such conditions as may from time to time 
 be contracted for between the proper authorities and the Com- 
 pany) shall be conveyed at charges not exceeding two pence 
 sterling per ton per mile, the assistance of the military or 
 others being given in loading and unloading such goods. 
 
 3. In the event of a line of Electric Telegraph being estab- 
 lished along the line of the Railway, either by the said Railway 
 Company or by any other Company, partnership, person or 
 persons, otherwise than exclusively for Her Majesty's Service, 
 or exclusively for the purposes of the Railway, or jointly for 
 both, the rate of such Electric Telegraph for the purpose of 
 receiving and sending Messages, shall, subject to the prior 
 right of use thereof for the service of Her Majesty, and for the 
 purposes of the Company, and subject also to such equal 
 charges and to such reasonable regulations as may be from 
 time to time made by the said Railway Company, be open for 
 the sending and receiving of Messages by all persons alike, 
 without favour or preference. 
 
 4. In the event of the construction of the said European and 
 North American Railway by the Company now incorporated 
 for that purpose, the use of so much of said Railway as may 
 be common to that Line and to the Halifax and Quebec Line, 
 shall be conceded on fair and equitable terms and conditions 
 to the governing body of the Halifax and Quebec Railway, if 
 they demand it ; and such terms and conditions shall be fixed 
 by two arbitrators and an umpire, or the majority of them, of 
 whom the two arbitrators shall be appointed by the governing 
 bodies of the two Railways respectively, and the umpire shall 
 be named by such arbitrators when so appointed. 
 
 5. Provided always, that the two Acts or Bills intituled 
 respectively An Ai;t to facilitate the construction of the Euro- 
 pean and North American Railway, and An Act further to 
 facilitate the construction of the European and North 
 
256 UNREPEALED ACTS. [16 V. C 2 
 
 American Railway, which were passed in the last Session 
 of the Legislature of New Brunswick, but which have not 
 yet received Her Most Gracious Majesty's assent, shall in the 
 event of both or either of them receiving such assent, be 
 deemed to be and be construed as one Act with this present 
 Act ; and provided also, that nothing in such two Acts or Bills 
 contained shall be so construed as to be inconsistent with or 
 impede the concession of any facilities or the enjoyment of any 
 advantages granted by an Act of the present Session in favour 
 of the National and Provincial undertaking of the Halifax 
 and Quebec Railway, but all provisions of such two Acts or 
 Bills shall be so construed as to give a preference to the 
 construction and maintenance of the said Halifax and Quebec 
 Line, whenever by reason of its traversing the same ground, 
 or otherwise, the interests of the two Ilailways may conflict 
 or be incompatible. 
 
 .16th Victoria — Chapter 2. 
 
 An Act in addition to and in further amendment of the Act 
 to incorporate the European and North American 
 Railway Company, 
 
 Section. ' Section. 
 
 1. What sum Corporation may borrow, aiid 7. What Bection repealed. When Govern- 
 
 how. I ment may purchase. 
 
 2. What further Grants of Crown Lands 8. Railway importations, what duties to be 
 
 may be made. levied on. 
 
 3. Directors, how chosen and appointed, 9. Police Magistrate may be appointed for 
 
 who disqualified ; quorum; votes how Railway; his duties. 
 
 given. On neglect to appoint by share- 10. When special meeting for choosing Di- 
 
 holders, who to manage affairs. rectors. 
 
 4. Scale of votes. 1 1. This Act what deemed. 
 
 5. Government Directors, how appointment 12. What Acts inconsistent, repealed. 
 
 limited. 13. Suspending clause. 
 
 6. When votes not to be given. 
 
 Passed 29lh October 1 852. 
 
 Whereas it is expedient to make certain alterations and 
 amendments in the Act made and passed in the fourteenth 
 year of Her Majesty's Reign, intituled An Act to i7icorporate 
 the European and North American Railway Company ; — 
 
 Beit therefore enacted, ^c.asfollows: — 1. The said European 
 and North American Railway Company is hereby authorized and 
 empowered to raise byway of Loan, in addition to any amount 
 loaned to such Company by the Province, a sum not exceeding 
 one million of pounds sterling, and to issue therefor its own 
 
16 V. C 2] UNREPBALED' ACTS. 257 
 
 Bonds, under Sfeal ; such Bonds to be fol" ar/y sum not less 
 than one hundred pbunds sterlihgi bearing interest not exceed- 
 ing six per cent, per annum, and redieeitiable in twfenty years 
 from the date of each Bond respectively. 
 
 2. In addition to the power given the Lieutendnt Governor 
 by the said Act of Incorporation, to rilake grants of land to the 
 saJd Cdtiipany, the Lieiltenanl Governor iti Council is hereby 
 empowered to Itiake free grants to such Company of any ad- 
 ditional Crown land that maybe required for stations, or other 
 ne<!t^sdry purposes connected with the principal line of Railw'ay, 
 or with any of its branches or extensions. 
 
 3. The immediate gbYertiment and management of the 
 aflfkirS of the said Company shall he vSsted in thirteen Direc- 
 tor's, dfwhftlri seven, bein^ proprietors ofatleasttweiity shares 
 of stock each in such Compan;y, shall be elected by the sha;re- 
 holders in the manner directed by the fortieth Section of the 
 Att of Incorporation, subject to the alteration in this Act here- 
 after specified, as to the number of votes to be given by such 
 S'hai^h'olders in respect to the shares they severally hold ; which 
 seven Directors so chosen Shall continue in office until they 
 die, be6ott'e disqualified-, resign, or others duly qualified are 
 elected in their stead ', aiid the other six of the said Directors 
 shall be appointed by the Lieutenant Governor in Council, 
 none of whom shall necessarily be shareholders in the said 
 Company, and who shall hold their offices during pleasure ; 
 and in case of any vacancy,' others ftom time to time shall be 
 appointed in their places ; provided that no Member of the 
 Legislature, not be^ng a Member of the Executive Govern- 
 ment, shall be appointed a Director by the Lieutenant Gov- 
 ernor in Council under this Act ; and provided further, that no 
 Director in the said Company shall be a Contractor under or 
 Solicitor to the' said Company ; provided also, that not less 
 than three of the said thirteen Directors shall constitute a 
 qa6ttxm for the transaction of biisin'ess, of whom one at least 
 shall be a Director appbinted by the Lieutenant Governor in 
 Council ; a'nd that Directors not present may vote by proxy, 
 provided such pi'bx^y be a Director ; but no proxy shall give 
 more than three Votes in addition to his own vote ; provided' 
 that if the sharehblders in the said Company shall fall or ne- 
 glect to appoint Directoi'sas required by the Act of Incbrpbra- 
 
 17 
 
258 UNREPEALED ACTS. [16 V. C 2 
 
 tioit and this Act, then and in such case the Directors appointed 
 by the Lieutenant Governor in Council shall have the manage- 
 ment of the aifairs of the said Company until Directors shall 
 be duly elected by the shareholders. 
 
 4. Instead of giving one vote for each share of stock, as pro- 
 vided by the fortieth Section of the said Act of IrJcorporation, 
 the shareholders in the said Company, on all occasions whe« 
 their votes are to be given, shall vote according to the following 
 scale : — For one share and not more than two, one vote ; for 
 every two shares above two and not exceeding ten, one vote, 
 making five votes for ten shares ; for every four shares above 
 ten and not exceeding thirty, one vote, making ten votes for 
 thirty shares; for every five shares above thirty and not 
 exceeding sixty, one vote, making sixteen votes for sixty 
 shares ; and for every ten shares above sixty and not exceed- 
 ing one hundred, one vote, making twenty votes for one 
 hundred shares ; which said number of twenty votes sliaU be 
 the greatest that any shareholder shall be entitled to give. 
 
 5. The Lieutenant Governor in Council shall continue to 
 exercise the power of appointing six Directors in the said 
 Company, so long as the said Company shall continue indebted 
 for.any Provincial loan; but when sucb loan is paid ofi^ and 
 discharged, the number of Directors appointed by the Execu- 
 tive shall be in proportion to the number of shares of stock 
 held by the Province ; and if such shares shall be sold and 
 transferred, the power of appointing Directors by the Lieu- 
 tenant Governor in Council shall cease. 
 
 6. No shareholder shall be permitted to vote on any occasion, 
 until all his calls are paid ; and no Director elected by the 
 shareholders, whose calls are unpaid, shall be allowed to vot& 
 at tbe Board of Directors. 
 
 7. The fifty seventh Section of the said Act of Incorporation 
 is hereby repealed ; and in lieu thereof, it shall be lawful for 
 Her Majesty's Government, if it shall think fit, subject to the 
 provisions hereinafter in this Section contained, at any time 
 after the. expiration of the term of twenty one years, to purchase 
 the said Railway, with its extensions and branches, and all its 
 hereditaments, stock, and appurtenances, for tlie use of this 
 Province, upon giving to the said Company three calendar 
 months notice in writing of their intention to make such pur- 
 
16 V; 6 2] UNREPEALED ACTS. 259 
 
 chase, and upon payment of a sum equal to twenty five years 
 purchase of the annual divisible profits, estimated on the average 
 of the seven then next preceding years ; provided always, that 
 it shall be lawful for the Company, if they shall be of opinion 
 that the said rate of twenty five years purchase of the said 
 average profits is an inadequate rate of purchase of said Rail- 
 way, reference being had to the prospects thereof, to require, 
 that in case of difference, it shall be left to arbitration, to 
 determine what, if any, additional amount of purchase money 
 shall be paid to said Company; and provided also, that no 
 such purchase shall be compulsory on said Company unless 
 the said seven years average rate of profit shall exceed ten per 
 cent, per annum. 
 
 8. On all articles imported bona fide for the construction of 
 the principal Railway, or of any of its branches or extensions, 
 there shall be no higher duties levied than are at present 
 imposed by the existing Revenue Laws of this Province; and 
 if the Provincial duties shall hereafter be increased, then such 
 articles shall ^e entitled to a drawback equal to the amount of 
 the increase. 
 
 •9. The Lieutenant Governor in Council is hereby authorized 
 to appoint fit and proper persons to be Police Magistrates, 
 each of which Police Magistrates shall have authority to act 
 by himself in all cases in which two Justices of the Peace may 
 act, and the jurisdiction of such Police Magistrates may extend 
 along the whole of the principal Railway, its branches and 
 extensions, and throughout all or any of the Counties within 
 which, or within five miles of which, the said Railway, its 
 branches or extensions may pass, according as the Lieutenant 
 Governor in Couilcil may appoint and direct, while the same 
 are in course of construction, and to pay to such Magistrates 
 the amount of compensation which the Legislature may from 
 time to tim« provide ; and such Police Magistrates are hei'eby 
 authorized and empowered to appoint, subject to the approval 
 of the Directors of the said Company, such and so many 
 Stipendiary Constables on the said line of Railway as they 
 may deem necessary for the preservation of peace and good 
 order, and to displace the same and appoint others whenever 
 requisite, which Constables shall be under the control and 
 direction of such Police Magistrates ; and such Magistrates and 
 
260 UISfREPBIALpp ACTS. [16, Y, p^ 
 
 Qpnst^bles shall bav^ all the powers, authoFity, and privileges 
 iiici(lent to the office of Police Magistrates and Constables biy 
 ^b/^, provisions of an Act passed in the eleventh year of the 
 iteign of Her present Majesty, intituled An Act for estallish- 
 i^g a,nd maintaining a Policy t'arce in the Parish of Portland, 
 iff the City and County of Saint Johi^, vvithin the district for 
 which they are severally appointed ; and such Const^b^^^ shall 
 bp paid a reasonable compensation for thjejr services by the 
 f^id Company. 
 
 10, Within six mpnths, and not sooner than three months 
 after this A,ct shall come into force, th^re shall be- a special 
 meeting convenpfi of the shareholders in the said Cornpany for 
 the purpose of choosing the requisite number of Directprs on 
 their p^rt, and t|ie t)ratt^ac^ipi^ of such other business as may 
 legally come b.eft^^e s;ai,d meeting ; wthich mating sJi^U be 
 called by the President of the sa^} Conipany, or by any two of 
 the Directors, ig, the manner proyiid,e^d by the forty first Section 
 of the Jl^cjt pf Incorporation ; and the present Hirectprs of tbe 
 said Conipany S|haU continue in office until others are elected 
 and appointed in their stead. • 
 
 11. All tbe provisions of this ,^ sjball be de,emed |a be in- 
 corporated in, and to fofoi, part of the said Act of Incorpora- 
 tion, and of an Act parsed in the fifteenth year of the Reign of 
 Her present ]V!|;ajes,ty, intituled An Act to gmetfd an Act to in- 
 corporate the Europea,n a^d No^tjk Ai^ricfifi Mailwcf^, Conir 
 
 1^. So much Qf the s^id Act gf Incorporation passed in. th@ 
 fourteenth year of Her Majesty's Reign, and pf the said Act 
 in a,raendraent therpof,, passed in the fifteenth year of Her 
 Bjljajgsty's Reign, ^s are. inconsistent with^ or repugnant to tb^ 
 provisions, of this Act, are hereby repealed, 
 
 1,^. This, Act sh,all not cpflne into operation or be in force 
 u,n,\i,l Her Majesty's Roycil approbation betb^reui^to first had 
 aj^A decla,red. 
 
 [nis Act ^ifi^as specially/ coi^^miii mlififfiran^ fi^itlly,mapteii,, bn an Order 
 of Her Majesty m Council datpcHthe 2Sth day of December 1852, and^ptcblished 
 andi declared! in the Province' the '26th day of JUnmry'l?i53.'^ '■" ' 
 
16 V. c 3] unreIpealed ac'I^s. 26l 
 
 16th Victoria — Chapter 3. 
 
 An Act to repeal certain Acts of Assembly for facilitating 
 the construction of the European and North American 
 Railway, and to make other provisions for the con- 
 struction of the same, with branches and extensions. 
 
 Seccion. Section, r , 
 
 1 . What Acts repealed. S. What loan, and how may be made by, 
 
 2. When Government to take stock, to 'Sirhat Go^erhmerit to Corporation. " 
 
 amount, and how to pay therefor. 7. What Revenues, &c. pledged for pay- 
 
 3. Debenture«. ineilt. 
 
 *. How certificates of Government shares 8. Consulting Engineer, when and by whom 
 
 held. appointed. 
 
 5. How and when dividends and shares 9. Suspending clause. 
 
 disposed of. 
 
 Passed 29(h Octoher 1852. 
 
 Be it enacted, ^c. as follows: — 1. An Act made and pa.ssed 
 in the fourteenth year of the Reigh of Her present Majesty, 
 intituled Ail Act to facilitate the construction of the Ewtropedn 
 and North American Rdilwdy ; and sils'o an Act made dtifl 
 passed in the same yfear, intituled An Act further tofacilitdile 
 the construction of the European andt^orth American Railibiij/, 
 are hereby repealed. 
 
 2. When the European and North American Railway Com- 
 pany shall make it d,ppefir to ihe Satisfaction of the Lieutenatit 
 Governor in Coimcif, thdt twenty thousand pounds sterling 
 ha.ve been actually expended in the construction of a principftt 
 liiie of Railway across this Province, from the Boundary of 
 NoVa Scotia to the Ea:stern Boundai-y of the State of Main'fe, 
 or' in the construction of certain branches and extensioris 
 thereof, or of alriy of them, or of any portion of tliem, that is 
 to say, an extension of the Trunk Line from ^ome point 
 between the Beild of Petitcodiac, and the H'krbour bf Shediaici, 
 or from one of those places tO the River Miraniichi ; v(^h{cli 
 is to be constructeid simultaneously with, or immediately af^er 
 the completion of the Road f^om Saint John to the Kehd 
 of Petitcodiac ; another branch or extension to some conve- 
 nient place at or near the Harbour of Shediac, iii case itik 
 prifltipal Mtie shall not touch siich Harboiir j arid ahbthifr 
 branch or extension of such principial line of Railwa;^ west oif 
 the River Safrit John, from Some point between the City of 
 Saint John and the Eastern Boundary of the State of Maine, 
 to the City of Fredericfdn, which is also to be constructed 
 siteultatfeoiisly With, or immediately after the completion of 
 
362 UNREPEALED ACTS. [16 V. C 3 
 
 the Main Trunk Line from Saint John to the Eastern Boun- 
 dary of the State of Maine, then and in such case the Provin- 
 cial Treasurer shrill be authorized by the Lieutenant Governor 
 in Councilto subscribe, on behalfof the Province, for shares in 
 the said Company to the amount of five thousand pounds 
 sterling ; and in jjayment therefor, to deliver to the said Com- 
 pany special Certificates of Debt, to be called Debentures, 
 bearing interest at a rate not exceeding six per cent, per 
 annum, piayable half yearly, the principal money redeemable 
 in twenty years; and so from time to time, when it shall be 
 satisfactorily proved to the Lieutenant Governor in Council, 
 that the proceeds of the Debentures previously delivered have 
 been expended in the construction of such principal line of 
 Railway, or its branches or extensions as aforesaid, and that 
 a further sum of at least twenty thousand pounds sterling has 
 been actually expended in like manner, the Provincial Trea- 
 surer shall be again authorized to subscribe, on behalf of the 
 Province, for shares in the said Company to the amount of 
 five thousand pounds sterling, and also to pay in full for such 
 shares, by a further delivery of Debentures ; provided always, 
 that the amount of shares subscribed for by the said Provincial 
 Treasurer on behalfof the Province, shall not exceed in the 
 whole the sum of two hundred and fifty thousand pounds ster- 
 ling, and that the route or location of the principal line of Rail- 
 way, and the several branches and extensions herein specified, 
 before being finally adopted, shall in all casesbe subject to the 
 approval of His Excellency the Lieutenant Governor in Council. 
 
 3. The Debentures shall be in the form hereto annexed,^ 
 marked Schedule No. 1 ; they shall be signed by the Lieutenant 
 Governor, and verified by his seal of office, and also counter- 
 signed by the Provincial Treasurer; they shall be numbered 
 consecutively, beginnirg with number one, and shall be issued 
 in such su Ms, not less than one hundred pounds sterling, as 
 may be deemed expedient ; the interest thereon shall be paid 
 half yearly in London, and the principal of such Debentures 
 shall be paid in full at the end of twenty years from the date 
 of their respective issues, to the then holders thereof, at the 
 same place. 
 
 4. The certificates of shares in the European and North 
 American Railway Company from time to time received by the 
 
16 V. C 3] UNREPEALED ACTS. 263 
 
 Provincial Treasurer, shall be held by him for and on behalf 
 of the Province, as public property ; and while such shares are 
 so held, no vote thereon shall be given at any meeting of the 
 shareholders in the said Company; and no interest shall be 
 paid to or be claimed by the Province, in respect of such 
 shares, in consideration of their having been paid for in full at 
 the time of subscription. 
 
 , 5. The dividends accruing from the shares held by the Pro- 
 yincial Treasurer shall be applied towards the payment of 
 interest on the said Debentures ; and at the expiration of 
 twenty years, when such Debentures become due and payable,., 
 the shares not previously disposed of shall then be sold, and 
 the proceeds applied towards the payment of the said Deben- 
 tures ; provided that there shall be no sale by the Province, of 
 any share so held, below the par value, until the expiration 
 often years from the time of the first subscription for stock by 
 the Provincial Treasurer. 
 
 6. The Lieutenant Governor in Council is hereby authorized 
 and required to advance Provincial Debentures in the form 
 specified in Schedfile No. 1, payable in like manner, by way of 
 loan to the said European and North American Railway Com- 
 pany, such loan being payable in twenty years, with interest 
 thereon payable half yearly, and to an amount which, with the 
 Provincial subscriptions for stock, shall not in the aggregate 
 exceed three thousand pounds sterling per mile of the principal 
 line of Railway, and of its said several branches and extensions ; 
 such loan to be from time to time advanced as the construction 
 of the principal Railway, and of such branches and extensions 
 i^hall progress, and under such restrictions as the Lieutenant 
 Cfovernor in Council may from time to time impose for the 
 protectipn of the public interest, and to secure the proper ap- 
 plication of the said loan ; and such loan, and the interest 
 accruing thereon, is to attach, and stand, and is hereby declared 
 to be a primary mortgage, or first charge, in favour of this 
 Province, upon the principal Railway, its branches and exten- 
 sions, stations, station houses, rolling stock, and property of 
 evfiry description, and shall attach immediately on the advance 
 of each portion of such loan, upon all property owned by the 
 said Company, and whether the said principal Railway, its 
 branches and extensions, shall be in coursb of constructiou or 
 
264 UNREPEALED ACTS. [16 V- C 3 
 
 fully completed, any leiw, usage, or custom t^ the contrary not- 
 lyitbst^n^ing ; and in order to .ascertain and fix the amounts 
 from time to time advanced to the said Company, the President 
 and Treasurer of the same shall deliver to the Provincial 
 Treasurer, on the receipt of each portion of the loan, a certifi- 
 cate under, the Seal of the Company, stating if s amount in the 
 Form No. 2 in the Appendix to this Act > which receipt shall 
 be sufficient evidence of such primary mortgage, or first charge, 
 under t^s Act- 
 
 7. Subject to the payment of any previously existing Pro- 
 vincial liability, and of the Civil List, the faith and credit of 
 this Province, and the ordinary revenues thereof, and the 
 amount or proceeds of any speicial impost which may hereafter 
 be levied and collected for the purpose of paying off all such 
 Railway Debejitfire^, and the interest thereon, shall be and 
 hereby are declared pledged to any and every bolder of the 
 same for payment of interest as it becomes due, and for 
 payment in full of the said Debentures when the principal of 
 the same become^, due and payable. 
 
 8. The Lieutenant Gpyernor in Council is hereby authorized 
 from time to tipie to appoint during pleasure, some fit and 
 proper person of emii^ent standing in his profession, as con- 
 sulting Engineer on behalf of this Province, whose duty it 
 shall Ij^^ to y^atclj oyer the interests of the Province, in the con- 
 struction of the principal Railvyay herein before described, and 
 its branches and extensions. 
 
 9. T^his, Act sh^ll not come into force until Her ]feje^ty?S; 
 Royal appi'obation thereof shall be first had aqd declared. 
 
 SCHEDULE. 
 
 No. 1. 
 [L. S.] Province op Nev^ Bjb.unswick. 
 
 £ Sterling Debenture. £ Sterling transferable. 
 
 Under the authority of the.Legislatur,e of New Brunswick. 
 
 The Goverijnjent of New Brunswick promis.es to pay ijii 
 L(^ndon, to the bfsarer, the sum of pounds stqrjiqg,, 
 
 twenty years ffpm £^pd, after the d^y of ; likew;ise 
 
 the interi^s^ from the same date, at thQ rat;e of sip^ per c§nt. 
 
W V. C 3] UNREPEALED ACTS. 265 
 
 per anuum, to be paid half yearly, on the presentation of the 
 proper Conpons for the same, as hereunto annexed, on the 
 day of and the day of in each year, 
 
 at in London. 
 
 In testimony whereof, I, the Lieutenant Governor, by virtue 
 of the authority vested in me in and by an Act of the General 
 Assembly of the Province of New Brunswick, passed the 
 day of 18 , intituled An Act to repeal certain Acts of 
 
 Assembly for facilitating the construction of the European and 
 North American Railway, and to make other provisions for the 
 construction of the same, with branche$ and extensions, have 
 hereunto set my Hand, and affixed my Seal of Office, at Fre- 
 dericton, in the said Province, and the Provincial Treasurer 
 has countersigned the same this day of A. D. 18 . 
 
 A. B. Lieut. Governor. 
 C. D. p. Treasurer. 
 
 Form op Coupon. 
 Province of New Brunswick. 
 Debenture No. — £— — r- Sterling. 
 
 Pounds Sterling payable at the Office of , London, 
 being Six months Interest on the above Debenture, due 
 day of 
 
 A. B. Lieut. Governor. 
 C. D. P. Treasurer. 
 
 No. 2. 
 
 The European and North American Railway Company 
 hereby acknowledge to have this day received from 
 Treasurer of the Province of New Brunswick, the sum of 
 pounds sterlipg, by way of loan from the said Province 
 in Debentures, No. to No. inclusive, under 
 
 and by virtue of the provisions of an Act of Assembly made 
 and passed in the sixteenth year of Her Majesty's Reign, 
 intituled An Actto repeal certain Acts of Assembly for facili- 
 tating the construction of the European and North Americdn 
 Railway', and to make other provisions for the construction of 
 the same, with branches and extensions. 
 
 This certificate is granted under the directions of the said 
 Act, and in conformity thereto the Seal of the said' European 
 
266 UNREPEALED ACTS. [17 V. C 68 
 
 and North American Railway Company is hereunto affixed, 
 
 and the President and Treasurer of the said Company have 
 
 hereunto placed their signatures, this day of in 
 
 the year of our Lord 
 
 [L. S.] E. F. President. 
 
 G. H. Treasurer* 
 
 [This Aat was specially confirmed^ ratified^ and finally enacted^ by an Order 
 of Her Majesty in Council dated the 2Sth day of December 1 852, and pitblished 
 and declared in the Province the 2Gth day of January 1853.] 
 
 17th Victoria — Chapter 68. 
 
 An Act to amend the Acts relating to the European and 
 North American Railway Company. 
 
 Section. Section. 
 
 1. IncreaEe of Stock to £1,500,0(H) Sterling. 21. Company may convert shares into a gene- 
 
 2. Shares to be i)20 Sterling. ral Capital Stock, but not to affect 
 3 Deposit, valiiaiion of. Provincial Stock without consent of 
 
 4. Capital Stock may be further increased. Governor in Council. 
 
 5. Shares to be numbered, and considered 22. Provisions for "Slock Register/'' and 
 
 personal estate. regulation thereof. 
 
 6 Every registered subscriber tobedeemed. 23. Provision for payment of loan bonds. 
 
 a shareliolder. 24. Provisional bond certificate may be given 
 
 7. Every allottee of shares having paid de- ,for money raised on loan. 
 
 posit, to foe entered on Register. S5. Allotment of Provincial Debentures. 
 
 8. "Register of Shareholders " to be kept. ,26, Provision for ordinary meetings and mode 
 
 9. " Shareholders* Address Book " to be and time of retirement of elective Di- 
 
 kept. rectors. 
 
 10. Provision for certificate of proprietorship 27. Auditors to be elected. 
 
 in case of loss. 28. Half yearly accounts of Company to be 
 
 11. Form of transfer in case of consoliddtion. made up and delivered to Auditors. 
 
 12. Pruvisions in case of transfer 29. Powersof Company atordinary' meetings. 
 
 13. Agent to report transfer, and entry there- 30. Notice of general meetings of Company 
 
 of to be made in Register. to be publisiied in London. 
 
 14. Register to be closed thirty days previous 31. Power of compulsory purchase of lands 
 
 to ordinary meetings. for stations, &c. 
 
 15. Appointment of Agent in Great Britain. 32. Power to divert streams, Jkc. 
 
 16. Calls not to exceed £5, and not to be 33. Owners of lands and persons injured by 
 
 made at less intervals than, 2 months. diversion. &c., to be compensated. 
 
 17. Provisions for notice of calls. 34. Company bound to fence and secure 
 16. Notice to beigiven previous to declaring banks, Sea, 
 
 share forfeited. 35. Owner of lands taken, entitled to pre- 
 
 19. Provisions for increase of Capital, same emption in case of relinquishment. 
 
 not to exceed £3,000,000 Sterling. 36. Three years for claims to be submitted. 
 
 20. Holders of Bonds may convert same into 37. This Act to be deemed part of former 
 
 shares at par. . Acts of Incorporation. 
 
 38. Suspension clause. 
 Forma^ 
 
 Passed \st May 1854. 
 
 Whereas since the passing of the Act for incorporating the 
 European and North American Railway Company, the sumpf 
 one hundred tliousand pounds currency of the capital slock of 
 the said Company has been subscribed, and the deposit of five 
 shillings per share actually paid thereon, as provided by the said 
 Act, and by reason thereof the said Company has been duly 
 
17 V. C 68] UNREPEALED ACTS. 267 
 
 organized, and is empowered to make and execute the works, 
 and to do the several acts and matters thereby authorized, and has 
 commenced the execution of the said works, and has contracted 
 with certain personsforlhe constructing and equipping of a por- 
 tion of the Railways in the said Act mentioned : And whereas 
 it is contemplated that a considerable portion of the capital stock 
 of the said Company will be subscribed for and held by persons 
 resident in Great Britain or elsewhere out of this Province, 
 and it is expedient to make further provision as to the capital of 
 the said Company, and in other respects to amend the several 
 Acts relating to the said Company, or some of them ; — 
 , Be it therefore enacted, ifc. as follows: — 1. The capital stock 
 of the said Company shall be one million five hundred thousand 
 pounds sterling, and shall be divided iuiO seventy five thousand 
 shares of twenty pounds sterling each, which shall be deemed 
 to be and is designated as the original capital of the Company. 
 
 2. The shares already subscribed for shall be taken to be 
 shares of the denominationof twenty pounds sterling each, and the 
 deposits made upon such shares shall be taken as deposits made 
 upon such last mentioned shares. 
 
 3. All deposits upon shares paid in New Brunswick shall 
 be received at the par of exchange with eight percent, premium. 
 
 4. The capital stock of the said Company may at any time, 
 or from time to time, be increased in the manner hereinafter 
 provided. 
 
 5. The shares in the said original capital, and in any further 
 capital to be hereafter raised, shall be numbered in arith- 
 metical progression, and every such share shall be distinguish-? 
 ed by its appropriate number; and all such shares shall be 
 personal estate and transmissible as such, and shall not be of 
 the nature of real estate. 
 
 6. Every person who shall have subscribed or shall sub- 
 scribe either in this Province or elsewhere, to the extent of at 
 least one share in the capital of the Company, or shall other- 
 wise have become entitled to a share in the Company, and 
 whose name shall have been entered in the Register of Share- 
 holders hereinafter mentioned, shall be deemed to be a share- 
 holder of the Company. 
 
 7. All persons who, either in this Province or elsewhere, 
 shall apply for a share or shares in the Company, arid shall 
 
268 UNREPEALED ACTS. [it V. C 68 
 
 thereupon have one or more shares allotted to them, and shall 
 have paid the deposit required on allotment, shall be deemed 
 to have subscribed for the share or shares upon which such 
 deposit shall have been paid, and may thereupon be entered 
 upon the Register of Shareholders of the Company hereinaftl^i* 
 mentioned. 
 
 8. The Company shall keep a book to be called " The Re- 
 gister of Shareholders ;" and in sueh book shall be entered frbm 
 time to time the names and additions of the several persons en- 
 titled to shares in the Company, with the number of Shares to 
 which such sharteholders shall be respectively entitled, dislitt'- 
 guishing each share by its number, and the amounts respec- 
 tively paid on such shares. 
 
 9. The Company shall also provide and keep a book to be 
 called " The Shareholders' Address Book ;" in which shall from 
 time to time be entered in alphabetical order, the corporate or 
 official name or title of the several shareholders, being Corpora- 
 tions or public bodies, and the surnames of the several other 
 shareholders, with their respective christian names, places of 
 abode, and description, so far as the same shall be known to 
 tlje Company. 
 
 10. On the demand of the holder of any share, the Company 
 shall cause a certificate of the proprietorship of such share, 
 under the common seal of the Company, to be delivei'ed to such 
 holder, and the same may be according to the form in the Sche- 
 dule (A) to the said' recited Act annexed, or to the like effect ; 
 and if any such certificate be lost or destroyed, then, upon proof 
 thereof, and sufficient security beiiig given if required, a similar 
 certificate shall be given to the party entitled, and a due entry 
 of the substituted certificate shall be made in this Register of 
 Shareholders. 
 
 11. Every transfer of a share or stock, in case of conversion 
 or consolidation into stock, under the provisions hereinafter 
 contained, shall be in the form in the Schedule (A) to this Act 
 annexed, or to the like effect. 
 
 12. Every such transfer when executed in this Province, or 
 in any of Her Majesty's Possessions in North America, or in 
 the United States, shall be delivered to the Secretary together 
 with the certificate of proprietorship, and when execiited else- 
 where shall be delivered to the Agent of the Company duty 
 
n V. C 68] UNREPEALED ACTS. 269 
 
 appointed as hereinafter mentioned, together with said certifi- 
 cate, and upion every siich delivery the transferer shall be 
 exempted from any further liability in respect of the share or 
 shares, thereby transferred, and the transferee shall thenceforth 
 be entitled to all the privileges and subject to all the obligations 
 of a shareholder, in respect of such share or shares. 
 
 13. The Agent to whom such delivery shall have been made 
 shall, as soon as practicable thereafter, report to the Secretary 
 of the Company the fact of such transfer having been made, 
 together with the full particulars thereof, and the Secretary 
 shall, on receipt of such report, and also on the delivery to 
 himself personally of such transfer and certificate as herein- 
 after mentioned, make the necessary entries of such transfer 
 in the Register of Shareholders. 
 
 14. It shall be lawful for the Directors to close the Register 
 for the purposes of transfer, for any period not exceeding 
 thirty days, previous to each ordinary meeting, and any trans- 
 fer made during the time when the Register shall be so closed 
 shall, as between the Company and the transferee, but not 
 otherwise, be considered as made subsequently to such ordi- 
 nary meeting. 
 
 . 15. It shall be lawful for the Directors of the Company to 
 appoint under the common seal of the Company, an Agent for 
 transacting the business of the Company in Great Britain, who 
 shall be resident in London, and to assign and pay to such 
 Agent a reasonable salary or compensation to be fixed by 
 them, and also from time to time, if and as occasion shall re- 
 (juire, to remove such Agent, and in case of his death, resig- 
 nation, or removal, to appoint another in his stead, and to 
 define and; prescribe the powers and duties of sujQhi Agent ; 
 and the person so appointed shall have full power and autho- 
 rity to exercise the powers and perform the duties so diefined 
 and prescribed, and to bind the Company thereby. 
 
 16. No call upon any share shall exceed five pounds^ and 
 calls shall not be made at less intervals that two calendar 
 nipnths. 
 
 17. Notice of every such call shall be given in the Royal 
 Gazette at Fredeciptqn, in one or more of the Newspapers 
 published in the City of Saint John, in one or more daily 
 morning Newspapers published in London, and by a Circulai? 
 
270 UNREPEALED ACTS. [17 V. C 68 
 
 Letter sent by Post to each registered shareholder, (according 
 to his address in the Shareholders' Address Book) and no call 
 shall be made payable at a time less than thirty days from the 
 announcement in the said Royal Gazette at Frederictbn, and 
 in such paper published in London. 
 
 18. Before declaring any share forfeited, the holder of 
 which shall appear upon the Shareholders' Address Book to be 
 resident beyond the limits of this Province, a circular notice of 
 the intention to forfeit shall be transmitted by Post to the address 
 of such shareholder, as the same appears on the said Share- 
 holders' Address Book ; and when such shareholder shall ap- 
 pear to be resident in Great Britain, public notice of the inten- 
 tion to forfeit shall also be given in one or more of the daily 
 morning Newspapers published in London, in addition to the 
 publication thereof required by the provisions of the Act of 
 Incorporation. 
 
 19. In case it shall be necessary or deemed expedient at 
 any time or times hereafter to increase the original share 
 capital of the Company, either for the general purposes of the 
 undertaking, or for the conversion or redemption of the Bonds 
 of the Company, or any portion thereof, or of the Provincial 
 Debentures issued to the Company by way of loan, such in- 
 crease of capital may be effected in manner following, that is 
 to say, by resolution of the Directors of the Company, sanc- 
 tioned and approved by two thirds at'least of the votes of the 
 shareholders present in person or by proxy, at a general 
 meeting convened with special notice of the intended object; 
 and the further capital so authorized may be raised by the 
 issue of new shares, at such times and to such persons, and in 
 such manner as the shareholders so present in person or by 
 proxy shall by the like proportion of votes approve or direct ; 
 provided always, that the original and increased capital stock 
 of the Company shall not exceed three millions of pounds 
 sterling. 
 
 20. It shall be lawful for the said Company, on obtaining 
 subscriptions for shares, and as one of the terms of allotting 
 the Bonds authorized to be issued by the Company, to give to 
 the holders of such bonds respectively the option of converting 
 the same into shares iu the capital of the Company at par, 
 provided such option be exercised vrithin the time and in the 
 
17 V. C 68] UNREPEALED ACTS. 271 
 
 manner to be prescribed on such allotment, and for the pur- 
 pose of such conversion to create and issue shares or stock in 
 the Company of equal amount. 
 
 21. It shall be lawful for the Company at any time, and 
 from time to time, with the consent of a general meeting of 
 the Company, to convert or consolidate all or any part of the 
 shares into a general capital stock, to be divided amongst the 
 shareholders according to their respective interests therein ; 
 and after such conversion such stock, as well as any stock 
 which shall have been created under the provisions herein 
 contained for the conversion of Bonds, shall be transferable and 
 transmissible in any sums or parts not being fractional parts 
 of a pound, in the same manner and subject, to the same regula- 
 tions and provisions, so far as applicable, as are or shall be 
 contained in the Acts then in force relating to the Company, 
 in reference to shares in the capital of the Company ; provided 
 always, that no consolidation or conversion of the stock held 
 by the Province shall take place without the consent of the 
 Governor in Council. 
 
 22. The Company shall from time to time cause the names 
 of the several parties interested in such stock, and the amount 
 of interest ther.jin of such parties respectively, to be entered 
 in a Book to be called " The Stock Register," and the several 
 holders of such stock shall be entitled to participate in the divi^ 
 dends and profits of the Company according to their respective 
 interests therein, and such interest shall," in proportion to the 
 amount thereof, confer on the respective holders the same pri- 
 vilege of voting qualification and otherwise, as would have 
 been conferred by shares of equal amount in the capital of the 
 Company, but so that none of such privileges, except that of 
 participatibn in the dividends and profits, shall be conferred 
 by the holding of any aliquot parts of such amount of stock, 
 which would not, if existing in shares, have conferred such 
 privileges respectively. 
 
 23. And whereas by an Act passed in the sixteenth year 
 of the Reign of Her present Majesty, intituled An Act in ad- 
 dition to and in further amendment of the Act to incorporate 
 the European and North American Railway Company., the 
 Company is empowered to raise by way of loan, in addition 
 to any amount loaned to such Company by the Province, a sum 
 
272 UNREPEALED ACTSi [17 V. C 68 
 
 not exceeding one miilion pounds sterling, and to issue there- 
 for its own Bonds under Seal, of the denomination, and bearing 
 the interest, and redeemable as in the Act mentioned ; — Such 
 Bonds may be made payable to bearer, and may be in the 
 form or to the effect in the Schedule (B) to this Act ; and to 
 every such Bond shall be attached Coupons for the payment 
 of the interest, thereon half yearlyi and such interest shall be 
 payable at the Offices or Bankers of the Company iri London, 
 as may be deterthined by the Directors of the Company. 
 
 24 It shall be lawful for the Company to raise the money 
 so authorized to be borrowed by way of loam on the Company's 
 Bonds, by obtaining subscriptions for the amount of such 
 Bonds respectively, payable by" such instalments as the Di- 
 rectors may appoint, and in the mean time, until the amount 
 secured by such Bonds respectively shall have been paid up 
 in full by the persons respectively subscribitfg therefor, to pay 
 interest on the amounts from time to time paid thereon half 
 yearly, at a rate not exceeding six pounds p6* centum per 
 annum, and to deliver to the parties so subscribing provisional 
 bond certificates in form as the Directors shall think fit. 
 
 25. It shall be lawful for the Company to allot and apportion 
 to and among thei several persons subscribing for shares in 
 the capital of the Company, Provincial Debentutes issued 
 under the several^Acts relating to the Company, or some of 
 them, in suieh proportions relatively to the amount respectively 
 subsctibed*, as the Directors shall think fit and determine ; and 
 until the full nominal amount of such Debentures respectively 
 shall have been paid up by the persons to whomfthe same shall 
 have been so allotted respectively, to pay interiest on the 
 amounts from time to time paid up' thereon half yearly, at the 
 rate of six pounds per cent, per annum, and to d6liver to the 
 allottees^ thereof provisional certificates in respect of such Pro- 
 vincial Debentures in such form as the Directors shall think fiti 
 
 26. At the first general meeting of the shareholders to be 
 held after the passing of this Act, and which may be held at 
 such time as the Directors shall appoint^ at the City of Saint 
 John, in this Province, the times of holding the ordinary meet?- 
 ings of the Company shall be determined, and two ordinary 
 meetings shall be held in each year in the months of February 
 and August ; and at the first oirdinary meetiing, the Directors 
 
17 V. C 68] UNREPEALKD ACTS. 273 
 
 not appointed by the Lieutenant Governor shall go out of 
 office, and Directors, qualified as required hy the Acts relating 
 to the Company, shall be chosen in their stead ; and the 
 Directors to. be so chosen shall continue in office until the next 
 meeting to be held in the month of August following; and at 
 such last mentioned meeting two of the Directors, to be agreed 
 upon, (or, in case of disagreement, to be determined by lot 
 among the elective Directors) shall go out of office ; and at 
 the ordinary meeting to be holden in the following month of 
 August, two others of suchelective Directors who have been 
 longest in office, to be determined in like manner, shall go out 
 of office; and at the meeting to be holden in the next following 
 month of Angust, the remaining three of the elective Directors 
 who have been longest in office, shall go out of office ; and 
 thereafter, at each meeting to be holden in August, the two 
 Directors who shall then have been longest in office shall retire; 
 and at such meetings respectively. Directors shall be chosen in 
 the place of those so respectively retiring, who shall, however, 
 in all such cases, be re-eligible, x 
 
 27. At the first general meeting to be held under the provi- 
 sions of this Act, whereat Directors are to be elected, two Audi- 
 tors are to be elected, who shall continue in office until the first 
 ordinary meeting to be held in the month of August then next 
 following; and at such last mentioned meeting, one of the said 
 two Auditors, to be determined by agreement among them- 
 selves, or, in case of disagreement, by lot, shall go out of office, 
 and another Auditor shall be elected i« his stead ; and at the 
 meeting to be held in the month of August then next following, 
 the other Auditor shall go out of office, and another be elected 
 in his stead; and at each ordinary meeting in the month of 
 August to be held thereafter, the Auditor then longest in office 
 shall retire, and another be elected in his stead, and in all such 
 cases the retiring Auditor shall be re-eligible. 
 
 28. The Accounts of the Company shall be made up and 
 audited half yearly, for the half years respectively ending on 
 the thirtieth of June and thirty first of December in each year, 
 and such half yearly Accounts shall be delivered to the Auditors 
 at least fourteen days before the holding of the ordinary meet- 
 ings in each year. , 
 
 29. All acts which by the recited Acts relating to the Com- 
 
 18 
 
374 UNltEPEALED'AGTS; [I? V. C 6S 
 
 jj&ny' are required' t&be dorte or May teB-datie at tbe annual 
 nibetings therein mentidned, except tiiie etection of IKirectors 
 arid A'uditors, as to which spedal pi-dvision is herein madej may 
 be lawfully done' atid^ transacted' at atty ordinary genei'eii iiiieeit- 
 ing'of the Company. 
 
 30. In addition to' the notice preisci-'ibed by tbe Awt of Incof'^ 
 poration as necessary for convening genieral n»eetings of the 
 Gotnpafly, notice thtei-eof slraH aslso be given by advea-tisement 
 in one Ol" rtiOre of the daily morriin^ ]Vews>papers published in 
 liotodon, and evei'y such adVertiiement shall specify the place, 
 the day, and hotJl- of meeting, and in case of an extraordinary 
 tneeting the purpose fer which the meeting* is called. 
 
 31. And whereas doubts have been entertained whether 
 under the provisions of the said recited Acts the Conipany 
 h%ve power to purchase compulsorily land fdr stations and 
 othter railway purposes, where the lands so required would 
 exceed' six rods in width, and it is expedient that sitch doubts 
 should be removed, and that the Company should' be empow- 
 ered to purchase and take compulsorily lands for such purposes 
 without such limit as aforesaid ; — The Gonftpany shall have 
 power to purchase and take compulsorily such lands as may be 
 required for stations, approaches, sidings; wareliouses, offices. 
 Imbeds, and work^hOpsi connected with and necessary for the 
 iitideniaking ; provided that the lands so taken shall not exceed 
 six'Tods in widtbin addition to the six rodi authorizied to be 
 tala^'by the original Act of Incorporation, and sixty rods' in 
 length, and in no case shall the stations taken under' this Act 
 on granted or ungranted lands be at less than five miles' dis- 
 tance ajmrt, and further that before taking the same, a di'stinct 
 plan and description by metes and bounds; oF the quantity re^ 
 quired; shall be filed in the Provincial Secretary's Office, and 
 fi'copijr thereof furnished to the owner or' such lands at least 
 twenty days previous to aily Order in Co'Uiicil made thereon; 
 and tbat the lands so taken shall Aotb^ vested in the Company 
 ttiAti'l the locatio'n and plan be approved and confirmed by tbe 
 Lieutenant (Jovernor in Council.' 
 
 33^ Whenever any streaHi', river, water coutse,' pond,' or 
 l&;ke may lie in the route of' the said Railway or its branched, 
 to drain, divert, or alter the course of which, may be necessa*^ 
 f6r'tfee construction of the said Railway or its'branches, or for 
 
l*f V. C 68| UNREPEALED ACTS. 2% 
 
 the security arid preserv&tion tHer^of wheii constructed, it sflall 
 and may be lawful for said Company to drain, divei't, or change 
 the course of any such river, sti-eam, Water course, pond, or 
 lake, and for that purpose to enter upon atid' take any lands 
 that may be necessary for such draining, diversion, or altered 
 course, and construct such works as may be req/uired for the 
 construction, security, and safe wcfrking of said Railway and 
 its branches, subject to the payment of such loss and damage 
 as any person may sustain in consequence thereof, provided 
 that before making such diversion, a plan, copy. Order in 
 Council, and confirmation, shaN be flirst filed, served, and had 
 as provided, in and by the thirty first Section of this Act, with 
 reference to lands. 
 
 33. The owners of all lands taken pursuant to this Act, and 
 any person who may be injured by the diversion and drainage 
 pf any stream, river, water couise, pond, or lake, shail!be enti- 
 tlied to compensation, to be assessed and paid as prescribed iii 
 the thirty fi^rst Section ofthe Act of IticorpQi;ation in rjegard to 
 lands, provided that in assessing such damages for any lands 
 or diversion; under this Act, no deduction shall be made for 
 any direct or indirect advantage which may accrue tfr the 
 owner by reason of such location or diversion. 
 
 34. The said Company shall be boiihd to feffce all lands 
 taken under this Act in the same manner as is provided for 
 lands taken under the Act of Incorporation, and in aU cases of 
 the diversion oT streams, shall be bound to secure the banks of 
 the new cut occasioned by said diyefsion. 
 
 35. In case the lands so taken under this Act shall at any 
 sabsequent period be found by the said Company to be unne- 
 cels^Ary for the purposes of the said Railway, then the original 
 owner thereof, or his assighs, shall be entitled to the pre- 
 eMptidti thereof upon fair and re^ohable terms, to be settled 
 itt case of disagreement by arbitration in the ordinary manner. 
 
 36. Thi-ee years from the time of tkking any lahdj or 
 itrakiftg any diversion o^'drainage undfer'th'e' provisions' of this 
 Atet, shall be allow'ed to the owner ofthe land taken dr persdtj 
 sKstiiniflg^d'aTHlstge iticorisequence dfstich diversion ordrairiag^V 
 tit make and submit hisf daini thferefdi" in Writing to thW 
 Gompany-. 
 
 37. All the pf&tisiWns of this Act shall be deemed tb Be in- 
 
276 UNREPEALED ACTS. [17 V. C 68 
 
 corporated into and form part of the Acts now in force relating 
 to the Company, and so much of the said Acts respectively as 
 are inconsistent with or repugnant to the provisions of this Act, 
 or in lieu of which other provisions are made by this Act, is 
 hereby repealed. 
 
 38. This Act shall not come into operation or be in force 
 until Her Majesty's Royal approbation thereof is first had and 
 declared. 
 
 SCHEDULE. 
 
 (A) 
 Form of Transfer of Shares or Stock. 
 I of ' in consideration of the sum of paid 
 
 to me by of , do hereby transfer to the said 
 
 Shares numbered in the undertaking called "The Euro- 
 
 pean and North American Railway Company," (pr £ 
 consolidated Stock in the undertaking called the European and 
 North American Railway Company,) standing in my name in 
 the Books of the (Company, to hold unto the said his Ex- 
 
 ecutors, Administrators, and Assigns, (or Successors and 
 Assigns) subject to the several conditions oh which I held the 
 same at the time of the execution hereof j and I the said 
 dp hereby agree to take the said shares {or stock) subject to 
 the same conditions. As witness our hands and seals this 
 day of . ; 
 
 (B) 
 
 European and North American Railway Company. 
 
 No £100 Sterling. 
 
 Company's Bond transferable under the authority of the Legis- 
 lature of New Brunswick. 
 
 The European and North American Railway Company here- 
 by acknowledges to have received, and promises to pay in 
 London to tlie bearer, the sum of £100 sterlings twenty five 
 years fupm and after the , day of ,18 , likewise 
 
 the interest from the same date, at the rate of £6 per cent, per 
 annum, to be paid half yearly on the presentation of the proper 
 Coupons for the same, as hereunto annexed, on the day 
 
 of , and the day of in each year, at the 
 
 Offices or Bankers of the Company in London. 
 
6W. 4, c3]] UNREPEALED ACTS. '277 
 
 In witness whereof, the Company have hereunto affixed their 
 Seal, the day of , 18 , 
 
 Countersigned ) £L. S.] 
 
 A. B. Secretary. ) 
 
 CD. ) Two Directors of 
 E. F. > the Company. 
 
 Form of the Coupon to be attached to the Company^ s Debeniuret 
 
 European and North American Railway Company. 
 Company's Debenture, No. — £3 Sterling. 
 
 Three pounds Sterling will be paid to the bearer of this 
 Coupon, on presentation at the Bankers of the Company in 
 London, being six months interest on the Debenture num- 
 bered , due the day of , 18 . 
 
 . T, ) Secretary, or 
 ' ) Treasurer. 
 
 \This^cl wasspecinllt/ bonfirmed, ratified, and finally enacted, by an Order of 
 Her Majesty in Council dated the 1 \th day of August 1854, and published and 
 diclared in the Province the 20th day of September 1S54.J 
 
 6th William 4th — Chapter 31. 
 
 An Act to incorporate the Saint Andrews and Ctuebec 
 Railroad Company. 
 
 Section. Section. 
 
 I. Corporation, how instituted. IS. ^Treasurers, &c. how maybe appointed,: 
 S. Capital, mode of payment ; what shares &.c. Clerk's duties. 
 
 deemedi. ' 19. XolU, how may be taken^ and when Le- 
 
 3. When Railroad may be commenced. gislature may redace. 
 
 4. to 9. repealed. 20. Tol ls, how paid and compelled. 
 
 l-O. What Board of Directors may transact 21. When land taken for Railroad to be 
 
 business. f enced, &c. 
 
 ll.-Votes of 'stocleholderB, when and how 22. WT^ere Railroad crosses highway, what 
 
 given. ' temporary roads to make, 
 
 lis. When and where first General Meeting 23. When crossing places to make. 
 
 . held; subsequent meetings ; number 24. Subscribers, when to pay, and how com- 
 
 of Directors ; special meetings and pelled. 
 
 powers. t5. Repealed. 
 
 13. Directors, how controlled; how votes 26. Damagdog works, against whom to pro- 
 
 given. 
 
 ledr 
 
 14. Wnaf Directors may do at General 27. Limitation^of suits. 
 
 Meeting, and at other times; Stock 28. Yearly dividend of profits, when made, 
 
 how forfeited and disposed of. 29. What responsible for debts of Corpora- 
 
 1 5. Wlien Directors may be removed ; Bye tion. 
 
 Laws, when may make, &c. 30. CommitteesofLegislature,tohave access 
 
 16. Shares, how may be aold, &c. to what books. 
 
 17. Form of transfer. 31. Corporation, what not to engage in. 
 
 Passed 8th March 1S36. 
 Whereas the constructionof a Railroad from Saint Attdrews 
 in the Province of New Brunswick to Quebec in Lower Canada, 
 
2^78 , UNREPEALED ACTS. [6 W. 4, C 31 
 
 wpuld be of great pubJic HtUity: And whereas it is deemed 
 advisable to grant encouragement to such enterprising persons 
 as may .be-^esirous and willing at their own cost and charges 
 to ma:ke and maintain a Railroad in the direction aforesaid, by 
 granting to them an Act of Incorporatiqn ;-^— 
 
 Be it therefore enacted, ^c. — 1. The, Honorable Jame^ 
 Allanshaw, Colin Campbell, Beverly Robinson, John M'Master, 
 John Wilson, Harris Match, Thomas Wyer, the Honorable 
 William F.;Qdell, Alexander Rankin, James Rait, the Hono- 
 rable WardsChipman, Charles Simonds, Hugh Johnston, Jlpl^n 
 R. P^rteJoWt.the Honorable Thomas Baillie, William Walker, 
 James Douglas, Adam Jack, E. J). W. Ratchford, James W. 
 Chandler, A' J^m^I^'J^P'' ^- ^* K-endall, Samuel Frye, Samuel 
 H. Whitlock, Ricjiard M, Andrews, J. G. Woodward, and 
 Jeremiah M. Connell, all of the Province of New Brunswick, 
 and Afld""^^ Patterson, George Auldjo, George Pemberton, 
 TiVilliam Price, the Honorable George Moffat, William Walker, 
 Henry LeMesurier, James Leslie, all of the Province of Lower 
 Canada, and such other persons as shall from time to time 
 become proprietors of shares in the Corporation hereby 
 established, their successors and assigns, shall be and they are 
 hereby ordained, constituted, and declared to be a Corporation, 
 bo;iy.pdliticaqd corporate, by the name of " The Saint Andrews 
 and Quebec Railroad jGoRjpany," and shall by that name hare 
 perpetual succession andji common seal, and shall and may 
 by the said name sue and be sued, plead and be impleaded, 
 answer and he an&wened unto, defend and be defended in all 
 Courts and .places whatsoever, and shall also have, power and 
 authority to purcha^ei hold, and enjoy lands, tenements, and 
 hereditaments for tl)em and their successors and assigns, for 
 making the said Railroad, and generially for the purposes of 
 carrying the provision? of jthj^s Act into effect ; and also that 
 they the said Company, or the major part of them, shall from 
 time to time andat all times duringithe continuance ofitbis Act 
 have full power and authority to constitute, make, ordain, and 
 e^tabli^b sMcb ilawiS> regijltitions, arid ordinance's a^ jij^y be 
 deemed ^^pje^?^i;y for the goiod rule and governqient of the 
 said Corpgcatip^fi ; provided that such laws, regulations, and 
 Qr,di,t|f^ll|(je9 tis m^y 'jbp jde^euied necespf^f^ bp j^op contrad'Otory 
 ■or iriepiignant Jto ^he la^g of tbis Proyipce. 
 
6 -W. i, (5 31] UXiREPEALED ACTS. 279 
 
 2. The capital stock of the Gqrporation hereby established 
 i^bftH not he less than the sum of seven ihundred and ;fifty thoif- 
 sand pounds, to be :paid in current money of this Province, the 
 whole amount ^f the isaid capital stock to be divided into thirty 
 thousand shares, which shares fehall be vested in the several 
 persons hereinbefore nanted, and such other persons as may 
 takeshar*s ipthe said Corporation, their successorsand assigns, 
 in proportion to their respective shares and interest, which sai<d 
 shares .shall be of the value of, twenty five pounds each, four 
 per ,cent. of which shall be paid at such time and place as the 
 Directprs of the said Company shall appoint, and the rt^main- 
 ing ninety six per cent, in such parts and proportions and at 
 such time and times as the said Directors shall determitie> 
 which amount shall not at any one period be more than ten p^r 
 cent, on the amount of the capital or stock belonging to any 
 individual, and that nipety days previous notice of such payment 
 being required shall be given in one or more of the Newspapers 
 to be published in this Province; and every pf the said shares 
 shall be personal estate and transferable as such, and not of 
 the nature of real property, and every such share shall entitle 
 the holder thereof to a proportional part of the. profits and divi- 
 dends of ^he said Corporation ; provided always, that the 
 money so to be raised as aforesaid is hereby directed and ap- 
 pointed to be laid out for and towards the making and comple- 
 ting and maintaining the said Railroad, and other the purposeis 
 therewith connected mentioned in this Act, and to no other use 
 or purpose whatsoever. 
 
 3. So spon ^s ten thousand shares of the said capital stock 
 shall have been actu;ally subscribed for, and not before, it .shall 
 be Ifiwful for the said Corporation and they are hereby autho- 
 rized and empowered by themselves, their deputies, agents, 
 officers, and workmen, to make and complete a single or double 
 line of Railroad from Saint Andrews aforesaid to the boundary 
 line of Lower^ Canada, with such deep cuttings, drains, embank- 
 ments, bridges, viaducts, inclined planes, stationary steam en- 
 gines, stopping i^Iaces and passing places as may be expedient 
 and necessary, and to erect such Wharves, warehouses, aiid 
 I stores on the line of the said Railroad, and to purchase add 
 acquire such locomotive steam engines and carriages, wagorifi, 
 and Other machinery and contrivaBces, and red! or moveable 
 
280 UNREPEALED ACTS. [6 W. 4, tf 31 
 
 property as maybe necessary for the making and maintaining 
 the said Railroad, and for the transport of passengers and 
 merchandise thereon, and may hold and possess the land over 
 which the said Railroad is to pass in the manner and under the 
 provisions hereinafter set forth. 
 
 4 to 9 inclusive repealed by 13th Vic. cap. 1. 
 
 10. Not less than five Directors shall constitute'a Board for 
 the transaction of business, of which the President shall 
 always be one, except in case of sickness or necessary absence, 
 in which case the Directors present may choose one of their 
 number as Chairman in his stead ; the President shall vote 
 at the Board as a Director, and in case of there being an 
 equal number of votes for and against any question before 
 them the President shall have a casting vote. 
 
 11. The number of votes which each shareholder shalt be 
 entitled to on eviery occasion when in conformity to the provi- 
 sions of this Act the votes of the stockholders are to be given, 
 shall be in the following proportion, that is to say, for one 
 share and not more than two, one vote'; for every two shares 
 above two and not exceeding ten, one vote, making five votes 
 for ten shares ; for every four shares above ten and not exceed- 
 ing thirty, one vote, making ten votes for thirty shares; for 
 every six shares above thirty and not exceeding sixty, one 
 vote; making fifteen votes for sixty shares; and for every 
 eight shares above sixty and not exceeding one hundred, one 
 vote, making twenty votes for one hundred shares ; which said 
 number of twenty votes shall be the greatest that any stock- 
 holder shall be entitled to have ; and all stockholders may 
 vote by proxy if they shall see fit, provided such proxy be a 
 stockholder and do produce from his constituent whom he shall 
 represent or for whom he shall vote, an appointment to that 
 effect in the following form :- — 
 
 " I {or We) of do hereby nominate, constitute, 
 
 and appoint of , to be my proxy, in my name 
 
 and in my absence to votq or give my assent to or dissent from 
 any business, matter, or thing relative to the Saint Andrews 
 and Quebec Raiload Company, that shall be mentioned or 
 proposed at any meeting of the said Company or any of the 
 members thereof, in such manner as the said shall think 
 
6 W. 4, C 31] UNREPEALED ACTS. 281 
 
 proper and for the benefit of the said Company. In witness 
 whereof, I {or We) have hereunto set hand and seal the 
 
 day of in the year of our Lord one thousand eight 
 
 hundred and '• ." 
 
 And whatever question, election of proper ofiicers, or other 
 matters or things shall be proposed, discussed, or considered 
 in any public meeting of the members of the said Corporation 
 under the authority of this Act, shall be determined and decided 
 by the majority of votes and- proxies then and there present ; 
 provided always, that the same person shall not vote as a 
 proxy for any number of persons who together shall be pro- 
 prietors of more than one hundred shares. 
 
 12. The first general meeting of the said Corporation shall 
 be held in Saint Andrews afpresaid, as soon as two hundred 
 and fifty thousand pounds of the capital stock of the said Cor- 
 poration shall have been actually subscribed for, provided that 
 thirty days previous notice thereof shall be given in the Royal 
 Gazette or other Newspaper printed at Fredericion, also in one 
 of the Newspapers published in the City of Saint John, and 
 also in one or more Newspapers, if any, published in Saint 
 Andrews ; and the^ same general meeting of the said Corpora- 
 tion and every subsequent general meeting shall be held at 
 Saint Andrews aforesaid on the first Tuesday in May in each 
 and every succeeding year ; and at such first or at any subse- 
 quent general meeting, the members present or appearing by 
 proxy shall choose by a majority of votes thirteen persons to 
 be Directors, (of whom five shall form a quorum for the trans- 
 action of all business which the said Directors shall have power 
 and authority to transact) being proprietors of at least ten 
 shares each, to be Directors of the said Corporation, for the 
 purpose of managing the affairs and business thereof in the 
 manner hereinafter directed, and as shall from time to time be 
 ordered by the said members in their general meetings ; but 
 if at any time it shall appear to any twenty or greater number 
 of members of the said Corporation holding together at least 
 two hundred shares therein, that for the more effectually carry- 
 ing this Act into effect a special meeting of the said members 
 is necessary, it shall be lawful for them to cause notice thereof 
 to be given in the Royal Gazette or other Newspaper published 
 in Fredericton, also in one of the Newspapers published in the 
 
282 UNREPEALED ACTS. [6 W. 4, C 31 
 
 City qf Saint jQhH,.and also in one or more Newspapers, if 
 any, published in Stiint Andrews, and in such other manner as 
 the said Corporation shall in any general meeting thereof 
 appoint with respect to such special meetings, declnring io 
 su^ch notice th« time when and the place where such special 
 meetir^ is to^be so held in the Town of Saint Andrews, thjB 
 same not being les$ than thirty days aftier sufih ^ptlce S|ha|I 
 have been first given, and likewise specifying ip such notie,e 
 the purpose for iwhich such special tneetjng is called ; and the 
 members of the ^aid Corporation are hereby authorized tp 
 meet pursuant to such notice, and to proceed to the execution 
 of the powers by this Act,given them with respect to the matter,s 
 in,sui:h.notices|>ecified only ; and all acts done in such matters 
 by the authority of the majority pf vottsSigiven at such special 
 meeting, (suph majority cojusisting of vptes given by the holders 
 of one third of the whole number of shares then subscribed for 
 altogether) shall b^ v^lidrto a|l intents and purposes as if done 
 at any meeting held in the manner hereinbefore appointed for 
 the hplding of general meetings ; and it shall be lawful for the 
 said Corporation at any such gene^ral or special meeting, in 
 case of the death, absence, or removal of any Director, to name 
 and appoint others in the room and stead of the Dirpctor cw 
 Directors so dying, absent, or removed as aforesaid. 
 
 13. Provided always. That such Directors shall. from time 
 to tiqie be subjectto the examination and control.of the said 
 general meeting or other meetings of the said members as 
 aforesaid,. and shall pay due obedience to all such orders and 
 directions in and about the premises as they shall from time to 
 time receive from the said Corporation at, any such general or 
 other meeting, such orders and directions not being contrary 
 to any express dir(BCtij9«)9 or provisions in this ActiContained,; 
 provided also, that no one Director, of whatever number istf 
 shares be may be the proprietor, shall have more than one 
 vote in tKe Board of Directors e!xc^pt the Chairman ivvho shall 
 be cho^n by and from among ^the said WireetoTs, and who in 
 case of an equal idivisip^ of memibers shall have, the fia$tiDg 
 vote, , although h^ may have, gi\(e;n one vote before. 
 
 14. At. every, such genecal meeting ^hejs^id Directors shfiiU 
 have power to caU.for, audi:t,,^i;d settle till .^coQHtlts pf ijiooey 
 laid put E^nd disbiirsed on fiocoiint of ithets^jd R^ilriQ^d, ^Wltb 
 
6 W. 4, C 31] UNREPKALED ACTS. 283 
 
 the Treasurer, receiver or receivers, or other officer or officers 
 to hp.by them apipointed, or any other person or person.* whom- 
 soever employed by or concerned for or under them in and 
 ahout the aforesaid Railroad, and for that purpose shall have 
 power to adjourn themselves over from time to time and from 
 place to I place as shall be determined by a majority of votes 
 given in the manner aforesaid ; and every general meeting of 
 suchiDirectors met together by the authority of this Act shall 
 have power from time to time to make such call or calls of 
 money from the members of the said Corporation to defray, the 
 expenses of or, to carry on the same as they from time to time 
 shall find expedient and necessary for those purposes, so that 
 no call dp exceed the^um often pounds current money of this 
 Province for every hundred pounds, and so as no caUs.be made 
 but at intervals of one month atleast from each other; which 
 moneiy so called for shall be paid to such person or persons 
 and in such manner as the said. general meeting or the said 
 Directors shall from time to time appoint and direct for the 
 use of the-said undertaking ; and such Directors, by virtue of 
 the orders which they shall receive from the general meeting, 
 shall have fuH power and authority to direct and manage all 
 and every the affairs of the said Corporation as well as in 
 purchasing and selling lands, liberties, privileges, easements, 
 chattels, and materials for the use of the said Railroad, as in 
 employing, ordering, and directing the jsvorfcand workmen, and 
 in appointing and removing under officers, i clerks, servants, 
 and agents, and in making all contracts and bargains touching 
 the said undertaking;, provided that nosiichpiirchase, bargain, 
 or pther matter be done or transacted without the concurrence 
 of the majority of the said Directors assembled; and every 
 owner or owners of one or more part or parts, share or shares 
 qf the isaid undertaking ^hall pay his, her, or their share qr 
 proportion of the moneys to:be called for as aforesaid at such 
 time and place as shall be appointed, of which thr6e weeks 
 notice at least shallibe given by inserting the same in the Royal 
 (Jrazette or other Newspaper pubUshed in Fredeficton, also in 
 one.qf.thje Nevvspapers published.in the City of Saint John, .and 
 also in one or more rNew.spapers, if any, published in Saint 
 Andrievvs, and in such other manner as the said Corporation 
 shall .at my genecal Qi.eetin^ direct or appoint ;, and jf any 
 
284 UNREPEALED ACTS. [6 W. 4, C 31 
 
 person or persons shall neglect or refuse to pay his, her, or 
 their rateable or proportionable part or share of the said money 
 to be called for as aforesaid, at the time and place appointed 
 by such general meeting or Directors, he, she, or they so 
 neglecting or refusing shall incur a forfeiture in the proportion 
 of five pounds for every hundred pounds of the sum called for ; 
 atid in case such person or persons shall neglect to pay his, 
 her, or their rateable or proportionable part or share of the 
 said money to be called for as aforesaid, for the space of three 
 calendar months after the time appointed for the payment 
 thereof as aforesaid, then he, she, or ihey so neglecting shall 
 forfeit his, her, or their respective share or shares, part or 
 interests in the said Corporation, undertaking, and premises, 
 and all the profit and benefit thereof, and such share and 
 shares shall be sold by the Directors of the said Corporation 
 by public auction after six weeks notice of such intended sale 
 in the Royal Gazette or other Newspaper published in Frede- 
 ricton, also in one of the Newspapers published in the City of 
 Saint John, and also in one or more Newspapers, if any, pub- 
 lished in Saint Andrews ; and the amount for which the same 
 shall be sold, after deducting the expense of the sale, shall be 
 paid over to the person or persons whose share or shares shall 
 be so forfeited and sold, and the purchaser shall immediately 
 pay up the instalment for the non-payment of which the said 
 share or shares shall have been sold, and if, he fall immediately 
 to pay such instalment the share or shares shall be again put 
 up and sold. 
 
 15. The said Corporation shall always have power and 
 authority at any general .meeting held as aforesaid to remove 
 or displace any person or persons chosen as Directors in the 
 manner aforesaid, or any other officer or officers under them, 
 and to revoke, alter, amend, or change any of the rules and 
 directions hereinbefore prescribed and laid down with regard 
 to their proceedings among themselves, as to the major part 
 of them shall seem meet, (the method of calling general meet- 
 ings, and their time and place of meeting and voting, and 
 appointing committees only excepted) and shall have power to 
 make such new rules, bye laws, and orders for the good gov- 
 ernment of the said Corporation, for the good and orderly 
 using the said Railroad, and oJF the work and property herein- 
 
6 W. 4, C 31] UNREPEALED ACTS. 285 
 
 before mentioned, and for the well governing of the engineers, 
 workmen, wagonmen, and other persons employed by the said 
 Corporation in and about the said Railroad, and the works 
 and jtroperty therewith connected, as to the major part of such 
 general meeting shall seem meet ; which said rules, bye laws, 
 and orders being put into writing under the common seal of 
 the said Corporation, shall be published at least twice in the 
 Royal Gazette or other Newspaper published in Fredericton, 
 also in one. of the Newspapers published in the City of Saint 
 John, and also in one or more Newspapers, if any, published in 
 Saint Andrews, and affixed in the office of the said Corpora- 
 tion, and in all and every of the places where the dues are to 
 be paid, and in like manner as often as any change or altera- 
 tion shall be made to the same, and.sfaall be binding upon and 
 observed by all parties, and shall be sufficient in any Court of 
 law to justify all persons who shall act under the same. 
 
 16. It shall be lawful for the several members of the said 
 Corporation to sell and dispose of any share or shares which 
 they may have or hold, or to which he, she, or they shall and 
 may be entitled, subject to the rules and conditions herein men- 
 tioned ; and Any purchaser or purchasers shall for his, her, or 
 their security, as well as that of such proprietor or proprietors, 
 have a duplicate or duplicates of the deed of bargain and sale 
 and conveyance made to him, her, or them, and executed by 
 such person or persons of whom he, she, or they shall purchase 
 the same, and also by the purchaser or purchasers, one part 
 whereof duly executed both by the seller and purchaser shall 
 be delivered to the said Directors or their clerks for the time 
 being, to be filed and kept for the use of the said Corporation, 
 and an entry thereof shall be made in a book or books to be 
 kept by the said clerk for that purpose, for vt^hich no more than 
 two shillings and six pence currency will be paid, and the said 
 clerk is hereby required to make such entry accordingly, and 
 until such duplica,te of such deed shall be so delivered unto the 
 said Committee and filed and entered as above directed, such 
 purchaser or purchasers shall have no part or share o/ the 
 profits of the said Railroad, or any interest for hi? share paid 
 unto him, her, or them, or any vote as a member or members. 
 
 17. Every transfer of the said shares shall be in the form or 
 to the purport and effect following, that is to say: — 
 
1^6 UNSEPEALEB ACTS. [(5W. 4,c^ 
 
 " 1 , A. B. in consideratfoft of the sum of paid to rtie by 
 
 C. D; do herelj^ bargaift, sell, and'transffer tb the said- G. D. 
 his, (her or theit) executors, administrators, or assigns, 
 share (ot" shares) in the undertaking of the Saint Andrews and 
 Quebec Railroad Company, to hold to him the said C. D. his 
 hfeirs, executors, administrators, and assigns, subject to the said 
 rules and orders, and on the same conditions that I held the 
 same immedilately before the execution hereof; and I the said 
 G. U. dft hereby agreis to accept the said sharie (or shares) of 
 the said unde'rtakingi subject to the same rulers, orders, and con- 
 ditions. Witness our hands and' seials the day' of 
 in the year of our Lord one thousand eighthondred and' =" 
 
 18. It shall be lawful for the said Corporatiort, and they are 
 hereby aiitlroriaed and reijuiffed frbm time tdtime to nominiate 
 and appoint a Treasurer or Treasurers and' a Clerk or Clerks 
 to the said Corporation, and to take sufBcient securityi for the 
 due execution of their respective offices as the said Corpo- 
 ration shall think proper, and from time to time to remove any 
 such Treasurer or Clerk and appoint others in their place and 
 stead, which said Clerk or Clerks shedl in a proper book or 
 books to be provided for that purpose, enter and keep a true 
 and perfect account of the name and places of abode of the 
 several members of the said Corporation, that is to say, of the 
 several persons who shall from time to time become owners 
 and proprietors' of or entitled to any sb^re or shares therein, 
 and of all the other acts, proceedings, and transactions of the 
 said Corporation and of the said Directors under the authority 
 of this Act; and whenever any such Clerk or Treasurer shall 
 die or be removed from or quit the service of the said CorpoM 
 ration, it shall be lawful for the said Directors, or a majority 
 thereof, to appoint some other fit person' in the pMice of the 
 Treasurer or Clerk so dying, removed, or quitting such service, 
 until the next general meeting, at whirfi such appointment (if 
 deemed proper) shall be' confirmed, or atiotber Treasiirei* or 
 Glerk afppoiffted by the said Directors. 
 
 19. Sb soon as ' the said Railroad shall be conlpleted and 
 opened, or any part thereof, it shall be lavVfu* for the said'Cor^-: 
 poration at all times thereafter to ask, dethand, take, a'h^ 
 recover to afid fortheir owrt proper use and llehbof such rates, 
 tolls, or dues for aniy passenger coTi'veyefdahd carried at the 
 
65W.4, C3?l] DNI^BPEALED ACTS. 1^ 
 
 cost and charge of thd sttid Corporation rtpom the said Railroad, 
 awd fbr every ton of goods,' chattels, wfti'esv and merchandise 
 of any kind whatsoever so conveyed and carried npow the said 
 Railroad, such sum or sums of moneiy as the said Gorporatioil 
 ni&y thinfci just a'nd reasonable; provided always, that if after 
 the expiration of ten years from the time of completing the 
 Said Railroad, the rates, tolls, or dues that may be established 
 bythe said Corporation under and by virtue ofthisAct should 
 be found excessive, it shall and rilfty be lawful for the Legis- 
 lature to reduce the said rates^ tblls; or dues, so as that the 
 same shall not produce to the said' Corporation a greater rate 
 of net profit upon their capital stock than twenty five pounds 
 annually for every' hundred' poinds of such capita4 stock ; and 
 in order that the true state of the aiFairs of the said Cor- 
 proration shall be known, it shall bie the duty of the President 
 and Directors thereof to produce aUd lay before the several 
 branches of the Legislature of this Province at the expiration 
 often years aftet^ the said Railroad shall have been completed 
 as aforesaid, a just and true statement and account of th6 
 moneys by them disbursed and laid out in making and com- 
 pleting the said Railroad in manner aforesaid, and also of the 
 amount of tolls atid revenues of the sUid Railroad, atld of thi& 
 annual expenditure and disbursements in maintaining and 
 keeping up the same during the said ten years ; the said 
 several accounts and stateme<nts to bb signed by the President 
 and Treasurer of the said Corporation, and by such President 
 and Treasurer attested to On oath before any one of His 
 Majesty's Justices of' the Peace for any County in this Pro- 
 vince ; and provided" also, that it shall be the duty of the Pre- 
 sident and Directors of the said Corporation' once in each and 
 every year after the expirrtion'of the said ten years to lay 
 before' the several branches of the Legislature a like statement 
 and account Verifi^ed on oath by the said President and Trea- 
 surer as aforesaid. 
 
 20. The said several rateis and dues shall be paid to such 
 person or persons at such place or pliaees near to the saidRaiU 
 road, or within the sfiid litie or any intermediate Space thereof, 
 and in such manner and und^r such regulations as the said 
 Corporation shall direct and appoint; and in case of refusal or 
 neglect of payment of attygtieb dues or rates, or any part thereof. 
 
288 UNREPEALED ACT9. [6 W. 4, C 31 
 
 on demand to the person or persons, appointed -to receive the 
 same as aforesaid, the said Corporation may sue for and re- 
 cover the same in any Court having jurisdiction to the amount 
 of the sum to which such rates or dues shall amount ; or the 
 person or persons to whom the same ought tobe paid may and 
 he is and they are hereby empowered to seize and detain such 
 goods, chattels, wares, and merchandise, for and in respect 
 whereof such rates or dues ought to be paid, and detain the 
 same until payment shall be made; provided that if payment 
 of the. said rates or dues shall not be made within three days 
 after ^uch seizure as aforesaid, the said goods and chattels shall 
 be sold at public auction, and after deducting the said rates or 
 dues, costs and charges, the surplus (if any) to be returned to 
 the owner or owners. 
 
 21. The said Corporation shall within six calendar months 
 after any land shall be taken for the use of the said Railroad, 
 at their own proper costs and charges, divide and separate, 
 and keep constantly divided and separated the said Railroad 
 and the ground taken therefor or occupied by the said Cor- 
 poration under the authority of this Act, from the adjoining 
 lands or grounds, by posts and rails, hedges, ditches, trenches, 
 banks, or other fences, sufficient to keep out sheep and other 
 cattle, to be set and made on the lands or grounds which shall 
 be purchased by, conveyed to. or vested in them as aforesaid, 
 and shall at their own proper cost and charges from time to 
 time maintain and support the said posts, rails, hedges, ditches, 
 trenches, banks, and other fences erected, set up, and made as 
 afoi-esaid, and also shall at their own charges make, erect, set 
 up such and so many convenient gates, stiles in and over all 
 the hedges and fences to be by them so made on the side of 
 such Railroad as aforesaid, and also such bridges, arches, and 
 passages over, under, or across the said Railroad, and the land 
 so taken and occupied as aforesaid, and of such dimensions as 
 may be necessary and effectual for the owners and occupiers 
 of the lands or grounds adjoining to the said Railroad ; and 
 the said Corporation shall not make the said Railway to any 
 trench or water course, or any work connected with the said 
 Railroad or any part thereof, in or across any common high- 
 way, public bridleway, or footpath, until they shall at their own 
 proper charges have made and perfected such bridges, passing 
 
6 W. 4, C 31] UNREPEALED ACTS. 289 
 
 places, or arches over, across, or under the places where the 
 said Railroad, trenches, or water courses, or other works 
 respectively, shall be intended to be made for such road, way, 
 or path, and of such dimensions and in such manner £ls may be 
 found proper and effectual ; and all such gates, stiles, bridges, 
 arches, and other works and conveniences so to be made, shall 
 from time to time be supported, maintained, and kept in suf- 
 ficient repair by the, said Corporation. 
 
 22. When and so often as it shall be necessary to cut into 
 any highway in order to conduct the said Railroad across or 
 through the same, the said Corporation shall in the first plac3 
 make a temporary road passing round and avoiding that part 
 of the highway which is to be crossed by the said Railroad, 
 but as nearly in the line of the said highway as shall be possible, 
 and such temporary road shall be made as good and as con- 
 venient for carriages in all respects as the highway so to be 
 crossed or passed, or by carrying the said Railroad on a good 
 and sufiicient viaduct over the said highway, and shall be kept 
 in thie same state of repair during the whole time the former 
 highway shall remain obstructed, and the said Corporation 
 shall then proceed with all possible dispatch to carry the said 
 Railroad across the said highway, and after having done so 
 shiall restore to the said highway its former direction by con- 
 tinuing it across the said Railroad either on a level with the 
 top of the rail thereof, or by means of a sufficient and com- 
 modious bridge over the said Railroad having a rise on the 
 roadway of not more than one foot in eighteen ; and the said 
 Corporation is hereby authorized and empowered to enter into 
 and take, hold and use, or 1o occupy for a limited time, any 
 land or grounds necessary for carrying the provisions of this 
 Section into effect, under the provisions of this Act, with respect 
 to the taking, holding, and using or occupying of other lands 
 or grounds necessary for making and completing the said 
 Railroad, and in addition to the extent of land which they by 
 the other Sections of this Act are empowered to take for the 
 said purpose, any thing in this Act to the contrary notwith- 
 standing. 
 
 23. If the said Railroad shall cross and divide the lands of 
 any person or persons so as to cut off that free communication 
 which before existed from the said land and ainy highway, in 
 
 19 
 
290 UNEEPEALED ACTS. [6 W. 4, C 31 
 
 such case the said Corporation shall make and maintain a 
 crossing place, viaduct, or bridge as might be used under the 
 provisions of the preceding Section for passing any highway, 
 within half a mile of each and every land so divided, and shall 
 make and maintain a good and sufficient road twenty five feet 
 ■wide, (passing close to the fence dividing the said Railroad 
 from the neighbouring lands, from which such road shall also 
 be divided by a fence made and kept in repair by the said Cor- 
 poration) from each end of the said crossing place, viaduct, or 
 bridge, to each detached portion of every land so divided, so 
 that the proprietors of such lands may have the power of pass- 
 ing from the said land to the said highway as they bad before 
 the said Railroad was made; and the said Corporation is hereby 
 empowered to take, hold, and use, under the provisions made 
 by this Act with respect to the taking, holding, and using any 
 other lands or grounds necessary for making and completing 
 the said Railroad, so much land as may be necessary for car- 
 rying the provisions of this Section into effect, and in addition 
 to the extent of land which they are by the other Section of 
 this Act empowered to take for the said purpose, any thing in 
 this Act contained to the contrary notwithstandingr 
 
 24. The several and respective persons united into a Cor- 
 poration as aforesaid for making the said Railroad and other 
 works as aforesaid, shall and they are hereby severally required 
 to pay the respective sums which may be by them subscribed, 
 to be advanced as aforesaid, towards making and completing 
 the said Railroad and other works, or such portion of such 
 sum as shall from time to time be called for by the said Corpo- 
 ration by virtue of the powers and directions of this Act, and 
 also all persons who may hereafter subscribe and agree ta 
 advance and pay any money for the purposes aforesaid, are 
 hereby required to pay the sum or sums of money which shall 
 be by them respectively subscribed to be advanced, or such 
 portion or portions thereof as shall from time to time be called 
 for by the said Corporation, by virtue of the powers and direc- 
 tions of this Act, and in case any of the said several and res- 
 pective persons who may have subscribed or who shall here- 
 after subscrib,e to adv^ance and pay any sum or sums of money 
 as aforesaid, shall neglect or refuse to pay the same at such 
 time and times as shall be required by the said Corporation as 
 
6 W. 4, C 31] UNREPEALED ACTS, 291 
 
 aforesaid, then and in such case it shall be lawful for the said 
 Corporation to sue for and recover the same in any Court of 
 Law having competent jurisdiction. 
 
 25. Repealed by 10th Vic. cap. 27. See post, page 294. 
 
 26. If any person or persons shall wilfully, maliciously, and 
 to the prejudice of the said Corporation, break, throw down, 
 damage, or destroy any wharf, bridge, fence, rail, support, 
 engine, machine, machinery, or other works or device erectedl, 
 constructed, or possessed under the authority of this Act, or 
 do any other wilful act, hurt, or mischief, to disturb, hinder, or 
 prevent the carrying into execution, making, completing, sup- 
 porting, maintaining, and using the said Railroad and other 
 works, every such person or persons so offending shall forfeit 
 and pay to the said Corporation the value of the damage 
 proved by the oath of two or more credible witnesses to have 
 been done, and such damage and the costs of suit in that behalf 
 incurred, to be recovered by action in any Court of Law in 
 this Province having jurisdiction to the amount of the sum 
 demanded as damages, and in case of default of payment such 
 offender or offenders against whom judgment shall in such 
 behalf have been rendered, shall be committed to the common 
 gaol for any time not exceeding three mouths, at the discre- 
 tion of the Court by whom such judgment shall have been 
 given, and shall also be liable to the punishment prescribed 
 for felony in an Act made and passed in the first year of the 
 Reign of His present Majesty, intituled An Act for the improv- 
 ing of the administration of justice in criminal cases. 
 
 27. If any suit shall be brought or commenced against any 
 person or persons for any thing alleged to be done under the 
 authority of this Act, or in execution of the powers and autho- 
 rities, orders and directions, hereinbefore given, granted, or 
 enacted, every such suit shall be brought or coramnnced within 
 six calendar months next after the offence was committed, or 
 in case there shall be a continuation of damages then within 
 six calendar months next after the doing or committing of 
 such damages shall cease, and not afterwards, and the defen- 
 dant or defendants in such action or suit may plead the general 
 issue, and give this Act and the special matter in evidence at 
 any trial to be had thereon, and that the same was done under 
 the authority of this Act, and if it shall appear to have been 
 
292 UNREPEALED ACTS. [6 W.'4, C 31 
 
 SO done, or if any action or suit be brought or commenced 
 after the time hereby limited for the bringing or commencing 
 the same, or if the plaintiff or plaintiffs shall become, non-suit 
 or discontinue his, her, or their action or suit after the defen- 
 dant or defendants shall have appeared, or if judgment shall 
 be given against such plaintiff or plaintiffs, the defendant or 
 defendants shall have full costs and such remedy for the same 
 as any defendant or defendants bath or have fur costs of suit 
 in other causes in law. 
 
 28. The Directors of the said Corporation shall make yearly 
 dividends of the tolls, income, and profits arising to the said 
 Corporation, first deducting thereout the annual costs, charges, 
 and expenses of the said Corporation, as well for the repairs 
 of the works belonging to them as for the salaries and allow- 
 ances to their several officers and servants, and for such other 
 purposes connected with the said Corporation as maybe deemed 
 proper by the said Directors. 
 
 29. The joint stock or property of the said Corporation shaH 
 alone be responsible for the debts and engagements of the said 
 Corporation, and no person or persons who shall or may 
 have dealings with the said Corporation shall on any pretence 
 whatsoever have recourse against the separate property of any 
 individual member or members of the said Corporation, or 
 against their person or persons, further than is herein specially 
 provided, and that may be necessary for the faithful application 
 of the funds of this Corporation. 
 
 30. Any joint Committee hereafter to be appointed by the 
 Honorable the Legislative Council and the House of Assembly 
 for the purpose of examining into the proceedings of the said 
 Corporation, shall either during the Session or prorogation of 
 the General Assembly have free access to all the books and 
 accounts of the same. 
 
 31. The said Corporation shall not directly or indirectly, 
 deal or trade in buying or selling gold or silver coins, or bills 
 of exchange, or in lending money by way of discount, or engage 
 in any Banking operations whatsoever. 
 
7 W. 4, C 38] UNREPEALED ACTS. 293 
 
 7th William 4th — Chapter 38. 
 
 An Act to amend an Act to incorporate the Saint Andrews 
 and Quebec Railroad Company. 
 
 Section. Section. 
 
 1. Repeal in part of Section. s. When first general meeting to be held. 
 
 Passed 1st March 1837. 
 
 Be it enacted, %c. — 1. So much of the twelfth Section of an 
 Act passed in the sixth year of His present Majesty's Reign, 
 intituled An Act to incorporate the Saint Andrews and Quebec 
 Railroad Company, as requires that two hundred and fifty 
 thousand pounds of the capital stock of the said Corporation 
 shall have been actually subscribed for before the holding of the 
 first general meeting of the said Corporation atSaint Andrews, 
 be and the same is hereby repealed ; and in lieu thereof, — 
 
 2. The first general meeting of the said Corporation shall 
 be held in Saint Andrews, in the County of Charlotte, as soon 
 as twenty five thousand pounds of the capital slock of the said 
 Corporation shall have been actually subscribed for, any thing 
 in the said recited Act to the contrary notwithstanding. 
 
 10th Victoria — Chapter 27. 
 
 An Act further to amend and extend the provisions of an 
 Act intituled An Act to incorporate the Saint Andrews 
 and Quebec Railroad Company, 
 
 Section. Section. 
 
 1^ Repeal of part of Section ; when may 13. Mails, &c. when and how may be for-' ■ 
 commence operations. warded. 
 
 2. When. Railroad to be completed. 13. Compensation for carrying Mails, how 
 
 3. Interest on shares, how paid till construe- iixed. 
 
 tion of Road. ,i, '^^i 14. Arbitrators. &c how nominated. 
 
 4. Certificate of shares, when cidence. 15. Government, when may erect Telegraph 
 
 5. Transfer of shares! when not allowed. . line^ on line of Railroad. ' 
 
 6. Interest, when charged on calls in arr«ar. 16. When no dividend to be paid. 
 
 7. Register of shares, when evidence. 17. When junctions may be made with other 
 
 8. When construction of Road may be pro- Railways. 
 
 ■' ceed-edwith. " 18. Places of deposit for sums paid on shares. 
 
 9. When may make Branch Railroads, 19. What conveyances bound to provide for . 
 
 build Steainers, ic. Troops, &c 
 
 10. Statement of expenses, ic. when and 20. How rate of tolls may be varied. 
 
 where to be filed. 21. Bye Laws, when may be enforced. 
 
 I ], Purchase of Railway, when may be made 
 
 by Government. 
 
 Passed 23rd March 1847. 
 
 Be it enacted, ^IfC. — 1. So much of the third Section of an 
 
 Act made and passed in the sixth year of the Reign of His late 
 
 Majesty William the Fourth, as requires ten thousand shares 
 
 of the capital stock to have been actually subscribed for before 
 
294 UNREPEALED ACTS, [10 V. C 27 
 
 the said Corporation be authoiized and empowered to make 
 and construct a single or double lipe of Railroad from Saint 
 Andrews to tiie Boundary Line of Lower Canada, be repealed ; 
 and that the said Corporation be and they are hereby autho- 
 rized and empowered to proceed in the making and construc- 
 tion of the said Railroad, in every respect as is provided by 
 the said Act, when two thousand shares shall have been actually 
 subscribed for. 
 
 2. The twenty fifth Section of the above reciteil Act be and 
 the same is hereby repealed ; and in lieu thereof, the said Cor- 
 poration, to entitle themselves to the privileges, benefits, and 
 advantages to them granted by the above recited Act, and by 
 this Act, shall and they are hereby required to make and com- 
 plete the said Railroad from Saint Andrews in the County of 
 Charlotte, to Woodstock in the County of Carleton, within 
 ten years from the passing of this Act ; and if the same shall 
 not be so made and completed within the period before men- 
 tioned, so as to be used for the conveyance and carriage of 
 passengers, goods, chattels^ wares, and merchandise thereon, 
 then the above recited Act, and this Act, and every matter and 
 thing therein respectively contained, shall cease and be utterly 
 null and void. 
 
 3. It shall be lawful for the Directors of the said Corpora- 
 tion, until the said Railway shall be completed and opened to 
 the public, to pay interest at any rate not exceeding six pounds 
 per centum per annum, on all sums called up in respect of the 
 shares, from the respective days on which the same shall be 
 paid ; such interest to accrue and be paid at such times and 
 places as the said Directors shall appoint for that purpose j 
 provided always, that no interest shall accrue to the proprietor 
 of any ^hare upon which any call shall be in arrear in respect 
 of such shares, or any other share to be holden by the same 
 proprietor, during the period while such call shall remain 
 unpaid. 
 
 4. The certificate of the proprietorship of any share in the 
 said Company shall be admitted in all Courts as prima facie 
 evidence of the title cjf any shareholder, his executors, admin- 
 istrators, successors, or assigns, to the share therein specified ; 
 provided neverjiheless, the want of siuch certificate shall not 
 prevent the holder of any shar« from disposing thereof. 
 
10 V. C 27] UNREPEALED ACTS. 295 
 
 5. No shareholder shall be entitled to transfer any share 
 after any call shall have been made in respect thereof, until he 
 «r she shall have paid all calls for the time being due on every 
 share held by him or her. 
 
 6. If before or on the day appointed for payment, any share- 
 holder do not pay the amount of any call for which he is liable, 
 then such shareholder shall be liable to pay interest for the 
 same, at the rate allowed by layv, from the day appointed for 
 the payment thereof to the time of actual payment. 
 
 7. The production of the Register of shareholders shall be 
 prima facie evidence of any defendant being a shareholder, 
 and of the number and amount of his shares. 
 
 8. So soon as fifty thousand pounds of the capital stock of 
 the said Company shall have been subscribed, and the deposit 
 of two pounds ten shillings per share shall have been actually 
 paid, it shall be lawful for the said Corporation, and they are 
 hereby authorized and empowered to proceed lo the construc- 
 tion of the said Railroad, as is provided in and by the third 
 Section of the above recited Act. 
 
 9. The said Company shall and may (if they deem it expe- 
 dient) make Branch Railways or extensions to every or any 
 part of the Province, and manage such Branch Railways, and 
 procure and own such Steamboats or Vessels as may be neces- 
 sary to ply in the Waters of the River Saint Croix, or in the 
 Bay of Fundy, or either of them, in connej^ion with the said 
 Railway, and for that purpose shall exercise and possess all 
 the powers, pVivileges, and authorities necessary for the man- 
 agement of the same, in as full and as ample a manner as 
 they are hereby authorized to do with respect to the said 
 Railway. 
 
 10. In order that the true state of the said Corporation shall 
 be known, it shall be the duty of the President and Directors 
 to file in the Office of the Secretary of the Provitice, for the 
 inforhiation of the Legislature, at the expiration of seven years 
 after the said Railway shall have been completed as aforesaid, 
 a just and true statement and account of the moneys by them 
 disbursed and laid out in making and completing the said Rail- 
 way iii manner aforesaid, and also of the amount of tolls and 
 revenues of the said Railway, and of the annua} expenditure 
 and disbursements in maintaining and keeping up the same 
 
296 UNREPEALED ACTS, [10 V. C 27 
 
 during the said seven years ; the said several accounts and 
 statements to be signed by the President and Treasurer of the 
 said Corporation, and by such President and Treasurer attested 
 to on oath before any one of Her Majesty's Justices of the 
 Peace for any County in this Province ; and provided alsoj 
 that it shall be the, duty of the said President and Dirfectors of 
 the said Corporation, once in each and every year after the 
 expiration of the said seven years, to file in the said Office of 
 the Secretary of the said Province, for the information of the 
 said Legislature, a like statement and account, verified by the 
 President and Treasurer aforesaid. 
 
 11. Whatever maybe the rate of divisible profits on the 
 said Railway, it shall be lawful for Her Majesty's Government, 
 if it shall think fit, subject to the provisions hereinafter con- 
 tained, at any time after the expiration of the term of twenty 
 one years, to purchase the said Railway, with all its heredita- 
 ments, stock, and appurtenances, in the name and on behalf 
 of Her Majesty, upon giving to the said Company three calen- 
 dar months notice in writing of such intention, and upon pay- 
 ment of, a sum equal to twenty five years purcliase of the 
 annual divisible profits, estimated on the average of the seven 
 then next preceding years ; provided that if the average rate 
 of profits for the said seven years shall be less than the rate of 
 fifteen pounds in the hundred, it shall be lawful for the Corpo- 
 ration, if they should be of opinion that the said rate of twenty 
 five years purchase of the said average profits is an inadequate 
 rate of purchase of such Railway, reference being had to the 
 profits thereof, to require that it shall be left to arbitration, in 
 case of difference, to determine what (if any) additional amount 
 of purchase money shall be paid to the said Corporation ; pro- 
 vided also, that such option of purchase shall not be exercised 
 except with the consent of the Corporation, while any such 
 revised scale of tolls, fares, and charges shall be in force. 
 
 12. It shall be lawful for the Postmaster General, or his 
 chief Deputy in this Province, by notice in writing under his 
 hand, or under the hand of such Deputy as aforesaid, delivered 
 to the said Company, to require that the Mails or Post Letter 
 Bags shall from and after the day to be named in such notice, 
 (being not less than twenty eight days from the dehvery 
 thereof) be conveyed and forwarded by the said Company on 
 
10 v. C 27] UNREPEALED ACTS. 297 
 
 their Railway, either by the ordinary trains of carriages, or by 
 special trains, as need may be, at such hours or times in the 
 day or night, as the Postmaster General or his said Deputy 
 shall direct, together with the guards appointed and employed 
 by the Postmaster General or his said Deputy, in charge 
 thereof, and any other officers of the Post Office ; and thereupon 
 the said Company shall from and after the day to be named in 
 such notice, at their own costs, provide sufficient carriages and 
 engines on the said Railway for the conveyance of such Mails 
 and Post Letter Bags, to the satisfaction of the Postmaster 
 General or his said Deputy, and receive and take up, carry or 
 convey, by such ordinary or special trains of carriages, or 
 otherwise as need may be, all such Mails or Post Letter Bags, 
 as shall for that purpose be tendered to them, or any of their 
 officers, servants, or agents, by any officer of the Post Office, 
 and also receive, take up, carry, and convey in and upon the 
 carriage or carriages carrying such Mail or Post Letter Bags, 
 the guards in charge thereof, and any other olficer of the Post 
 Office ; and shall receive, take up, deliver, and leave such 
 Mails or Post Letter Bags, guards and officers, al such places in 
 the line of such Railway, on such days, and such hours or times 
 in the day or night, and subject to all such reasonable regulations 
 and restrictions as to speed of travelling,- places, times, and 
 durations of sto|)j)ages, and times of arrival, as the Postmaster 
 General or his said Deputy shall in that behalf from time to 
 time order or direct ; provided always, that the rate of speed 
 so required shall in no case exceed the maximum rate of speed 
 prescribed by the Directors of the said Company for the con- 
 veyance of passengers by their first class train, nor shall the 
 Company be responsible for the safe custody or delivery of any 
 Mail Bags so sent. 
 
 13. The said Company shall be entitled to such reasonable 
 remuneration to be paid by the Postmaster General or his 
 Deputy, for the conveyance of such Mails, Post Letter Bags, 
 Mail guards, and other officers of the Post Office, in manner 
 required by such Postmaster General, his Deputy, or by such 
 other officer of the Post Office as he shall in that behalf nomi- 
 nate as aforesaid, as shall (either prior to or after the com- 
 mencement of such service) be fixed and agreed on between 
 the Postmaster General or his Deputy, and the said Company j 
 
298 UNREPEALED ACTS. [10 V. C 2? 
 
 or, in case of difference between them, the same shall be 
 referred to the award of two persons, one to be named by the 
 Postmaster General or his Deputy, and the other by the said 
 Company ; and if such two persons cannot agree on the amount 
 of such remuneration or compensation, then to the umpirage 
 of some third person, to be appointed by such two first named 
 persons previously to their entering upon the enquiry ; and 
 the said award or umpirage, as the case may be, shall be bind- 
 ing and conclusive on the said parties, and their respective 
 successors and assigns. 
 
 14. In all references to be made under the authority of this 
 Act, the Postmaster General, his Deputy, or the said Com- 
 pany, as the case may be, shall nominate his or their arbitra- 
 tors within fourteen days after notice from the other party, or 
 in default, it shall be lawful for the arbitrator appointed by the 
 party giving notice, to name the other arbitrator; and such 
 arbitrators shall proceed forthwith in the reference, and make 
 their award therein within twenty eight days after their ap- 
 pointment, or otherwise the matter shall be left to be deter- 
 mined by the umpire; and if such umpire shall refuse or 
 neglect to proceed and make his award for the space of twenty 
 eight days after the matter shall have been referred to him, 
 then a new umpire shall be appointed by the two first named 
 arbitrators, who shall in like manner proceed and make his 
 award within twenty eight days, or in default be superseded, 
 and so toties quoties. 
 
 15. The said Company, on being required so to do by Her 
 Majesty's Government, shall be bound to allow any person or 
 persons duly authorized by Her Majesty's Government, with 
 servants and workmen, at all reasonable times, to enter into 
 or upon the lands of the said Company, and to establish and 
 lay down upon such lands adjoining the line of the said Rail- 
 way, or any of its branches or extensions, a line of Electrical 
 Telegraph for Her Majesty's Service, and to give to him and 
 them every reasonable facility for laying down the same, and 
 for using the same for the purpose of receiving and sending 
 Messages on Her Majesty's Service, subject to such reasonable 
 remuneration to the Company as may be agreed upon between 
 the Company and Her Majesty's Qovernment ; provided always, 
 that subject to a prior right of use thereof for the purposes of 
 
10 V. C 27] UNREPEALED ACTS. 299 
 
 Her Majesty, *eh Telegraph may be used by the Company 
 for the purposes of the Railway, upon such terms as may be 
 agreed upon between the parties, or, in the event of differences, 
 as may be settled by arbitration. 
 
 16. No dividend shall be paid in respect of-any share until 
 all calls then due in respect of that and every other share held 
 by the person to whom such dividend may be payable, shall 
 have been paid. 
 
 17. If any other Railway Company, incorporated by law, 
 shall build and construct any other Railway from any place or 
 places in the Province, it shall be lawful for the said Railway 
 Company so building and constructing the said other Railway, 
 to form a junction with the main trunk, or any branch or exten- 
 sion thereof which may be built and constructed by the said 
 Saint Andrews and Quebec Railroad Corporation, at such 
 point or points, place or places, as may be desired or considered 
 most advantageous by such Railway Company; and the said 
 Saint Andrews and Quebec Railroad Corporation shall convey 
 and transport all passengers, goods, chattels, and merchandise 
 of every kind, so arriving at the said junction, onwards and 
 backwards at all convenient and usual times, on the said trunk 
 or any branch thereof, without any unnecessary delay or hin- 
 derance, to their respective destinations, subject to the payment 
 of such rates, tolls, or dues per mile as may be paid in similar 
 cases to the said Saint Andrews and Quebec Railroad Corpo- 
 ration. 
 
 18. All persons taking shares as aforesaid, shall or may 
 deposit the said sum of two pounds ten shillings per share, either 
 in the Bank of British North America in England, or any of 
 its Branches in the British North American Colonies, or such 
 other Bank or Banks in Londoner elsewhere in Great Britain, 
 and in the said British North American Colonies, as the Direc- 
 tors of the Corporation, or the Committee or Committees cor- 
 responding with those in Great Britain, or in any of the said 
 Colonies, shall from time to time appoint for that purpose. 
 
 19. The Directors of the said Railroad shall be bound to 
 provide such conveyance as aforesaid for the said Military, 
 Marine, and Police Forces, at such time or times (whether 
 the same shall be the usual hours of starting trains or not) as 
 shall be required or appointed by any officer duly authorized 
 for that purpose. 
 
300 UNREPEALED ACTS. [10 V C. 27 
 
 20. The Directors of said Corporation, subjefet to the provi- 
 sions and limitations herein or in the said recited Act contained, 
 shall have power from time to time to alter or vary the toll by 
 the said recited Act, or this Act, authorized to be taken either- 
 upon the whole or upon any particular portions of the said 
 Raili-oad, or its branches or extensions, as they shall think fit; 
 provided that all such tolls be at all times charged equally to 
 all persons, and after the same rate, whether per ton, per mile, 
 or otherwise, in respect of all passengers, and of all goods or 
 carriages of the same description, and conveyed or propelled 
 by a like carriage or engine, passing only over the same por- 
 tion of the line of Railroad under the same circumstances, and 
 no reduction or advance in any such tolls shall be made, either 
 directly or indirectly, in favour of or against any particular 
 Company or person travelling upon or using the Railway ; 
 and it shall not be lawful for the Directors of the said Corpo- 
 ration at any time to demand or take a greater amount of toll, 
 or make any greater charge for the carriage of passengers or 
 goods, than they are by this and the said recited Act autho- 
 rized to demand ; and upon payment of the tolls from time to 
 time demandable, all Companies and persons shall be entitled 
 to use the Railroad with engines and carriages, properly con- 
 structed as by this and the said recited Act directed; subject, 
 nevertheless, to the provisions and restrictions of the said 
 recited Act, and of this A«t, and to the regulations to be from 
 time to time made by the Corporation by virtue of the powers 
 in that behalf hereby and by the said recited Act conferred 
 upon them. 
 
 21. No bye laws, orders, rules, and regulations made under 
 and by virtue of the power and authority of the hereinbefore reci- 
 ted Act, shall be of any force or effect until one calendar month 
 after a true copy of such bye laws, orders, rules, or regulations, 
 certified under the hand of the President.of the said Company, 
 shall have been laid before the Lieutenant Governor or Admin- 
 istrator of the Government in this Province for the time being, 
 for his appi-oval or disapproval ; unless the Lieutenant Gover- 
 nor or Administrator of the Government shall, before such, 
 j>eriod, signify his approbation of the same. 
 
10 V. C 84] UNREPEALED ACTS. 301 
 
 10th Victoria — Chapter 84. 
 
 An Act to facilitate the making of a Railroad from Saint 
 Andrews in the County of Charlotte, to Woodstock in 
 the County of Carleton, and Braacbes thereof. 
 
 Section. Section. 
 
 1. Corporation, what lands may be granted 4. Repealed: 
 
 to enter upon, and for what. 5. What amount of interest faith of Pro- 
 
 2. What lands may be granted to, and for vince pledged for. 
 
 what other purposes. 6. When Warrant may {ssne for. 
 
 3. When Grants, &c., rerert to the Crown. 7. Suspending clause. 
 
 Passed 23rd March ] 847. 
 
 Whereas the facilities for travelling and the transportation 
 of goods afforded by Railroads are necessary to the develop- 
 ment of the agricultural, manufacturing, and commercial 
 resources of the Province, and the introduction of population 
 and capital from abroad : And whereas private Companies, 
 organized for the purpose of constructing Railroads, are 
 entitled, by the public advantages accruing from their labours, 
 to Legislative encouragement ; and the Company incorporated 
 by an Act of the General Assembly made and passed in the 
 sixth year of the Reign of His late Majesty King William the 
 Fourth, intituled An Act to incorporate the Saint Andrews 
 and Quebec Railroad Oompany, is desirous to proceed imme- 
 diately to construct that part of the 'contemplated Quebec and 
 Saint Andrews Railroad which may lie betweei» Saint Andrews 
 and Woodstock ; — 
 
 Be it therefore enacted, &fc. — 1. His Excellency the Lieu- 
 tenant Governor or Administrator of the Government for the 
 time being, by and with the advice and consent of Her Majesty's 
 Executive Council, be and he is hereby authorized and e.mr 
 powered to grant unto the Saint Andrews and Quebec Rail- 
 road Company, and the said Company are hereby invested 
 with the right, by their agents, servants, and workmen, to 
 enter and go in and upon the Crown Lands lying in the route 
 or line of the contemplated Railroad from Saint Andrews to 
 Quebec, or of any of its Branches, for the purpose of making 
 examinations, surveys, and other necessary arrangements; and 
 also for the construction and repair of that part of the said 
 contemplated Railroad which may lie between Saint Andrews 
 and Woodstock, and the Branches connected therewith, its 
 several station houses and depots, and for fuel for the use of 
 the engines, station houses, and depots, belonging to the said 
 
302 UNREPEALED ACTS. i[10 V. C 84 
 
 part of the said contemplated Railroad, and the said Branches, 
 to dig for, take, remove, and use any earth, gravel, stone, 
 timber, wood, or other matter under, on, or from the Crown 
 Lands contiguous to the Railroad. 
 
 2. It shall and may be lawful for the Lieutenant Governor 
 or Administrator of the Government for the time being, by 
 and with the advice and consent aforesaid, and he is hereby 
 fully authorized and empowered to grant unto the said Com- 
 pany, without pecuniary consideration, from the vacant Crown 
 Lands, a belt or strip of such parts of the Crown Lands as the 
 said part of the said contemplated Railroad, and the said 
 Branches, may pass over and through ; the said belt or strip 
 to extend two hundred feet on both sides of the track of the 
 Railroad, measured from the centre thereof; and also addi- 
 tional pieces or parcels of land severally not exceeding four 
 hundred feet in length, and three hundred feet in breadth, 
 measured along and at right angles to the line of the said belt 
 or strip of land, at such points, and at distances from each 
 other not less than ten miles, as may be necessary, and the 
 said Company may select and determine. 
 
 3. Provided always, if the said part of the said contemplated 
 Railroad shall not be completed and in full operation within 
 the space of ten years from the time this Act shall come into 
 operation, all and every the said grants of land, and the right 
 and privileges conferred by this Act, shall be utterly null and 
 void, and the land and privileges shall revert to and revest in 
 Her Majesty, as fully as if no grant had been made, or rights 
 or privileges conferred. 
 
 4. Repealed, by 1 1th Vic. cap. 63. See post, page 310. 
 
 5. And in order to encourage the investment in the said 
 undertaking of private capital from abroad ; — ^From and after 
 the time when the said part of the said contemplated Rail- 
 road shall be completed and in efficient operation, with suit- 
 stantial and sufficient locomotive cars, carriages, and othei* 
 vehicles propelled by steam, for the act-ommodation of passen- 
 gers and the transportation of merchandise, the faith and 
 credit of this Province shall stand pledged, and the same is 
 hereby pledged to the said Company, to make up and pay any 
 deficiency of the clear profits arising from the traffic of mer- 
 chandise and passengers, and otherwise, on the said part of 
 
10 v. C 84] UNREPEALED ACTS. 303 
 
 the said contemplated Railroad, and the said Branches, whereby 
 the said Company may realize a less annual profit or interest 
 than five per centum on such capita! sum, not exceeding one 
 hundred thousand pounds, as may be invested in the said 
 undertaking. 
 
 6. When and for each and every year during the continu- 
 ance of this Act, not exceeding ten years, that it shall he 
 certified by persons appointed for that purpose by His Excel- 
 lency the Lieutenant Governor or Administrator of the 
 Government for the time being, by and with the advice and 
 consent aforesaid, that the said part of the said contemplated 
 Railroad has been in efficient operation as aforesaid, for the 
 period of one year from the date of its being finally opened, 
 (or from the date of the next previous certificate in each year 
 after the first year) and that for the year for which the certifi- 
 cate is granted the whole net proceeds and earnings of the 
 said Company from the said traffic on the said part of the said 
 contemplated Railroad, after all actual and necessary contin- 
 gent and annual expenses have been deducted, are insufficient 
 to cover and pay the said annual profit or interest of five pei* 
 centum on the capital sum, not exceeding one hundred thou- 
 sand pounds, invested as aforesaid, and are deficient in a 
 certain sum to be specified in the certificate of the persons to 
 be appointed as aforesaid, it shall and may be Jawful for His 
 Excellency the Lieutenant Governor or Administrator ©f the 
 Government for the time being, by and with the advice and 
 consent aforesaid, to issue a Warrant under his hand and seal, 
 on the Provincial Treasury, for the payment to the said Com- 
 pany of the sum so certified to be deficient ; which Warrant 
 the Treasurer of the Province is hereby required to pay in the 
 regular course out of the moneys then in the Treasury, or as 
 payments may be made at the same ; provided always, that 
 unforeseen casualties, by which temporary suspensions of the 
 traffic of and travelling on the said part of the said contem- 
 plated Railroad, not involving neglect on the part of the said 
 Company, shall not be deemed sufficient to authorize the 
 persons so appointed as aforesaid to withhold their certificate, 
 and thereby prevent the payment of the sum necessary to make 
 up such deficiency as aforesaid that may occur in the year ira 
 which the casualties may take place ; it being the true intenS 
 
304 UNREPEALED ACTS. [11 V. C 43 
 
 and meaning of this Act, that the said Company shall realize 
 
 qtid receive as a clear profit, arising from the net profits, or 
 
 fromthe net profits and sum to be paid by the Province jointly, 
 
 a rate of interest equal to five per centum on such capital sum, 
 
 not exceeding one hundred thousand pounds, as may be invested 
 
 in the said part of the said contemplated Railroad, and its said 
 
 Branches, during each and every year, not exceeding ten 
 
 years in the whole, that the said part of the said contemplated 
 
 Railroad shall be in efficient operation as aforesaid. 
 
 7. This Act shall not come into operation or be in force 
 
 until Her Majesty's Royal approbation be thereunto first had 
 
 gnd declared. 
 
 '(77)w Jet was specMly confirmed, ratified, and finally enacted, by an Order of 
 Her Majesty in Council dated the 20th day of JWtf^ 1847, and published and 
 declared in the Province the 23d day of June 1847.] 
 
 11th Victoria — Chapter 43. 
 
 An Act to empower and authorize the Justices of the 
 Peace for the County of Charlotte to lease a certain 
 piece of Common Land in the Parish otSaint Andrews, 
 and to invest the proceeds towards the support of the 
 Poor of the said Parish. 
 
 Section. — 1, What Und, and how Justices of Charlotte may lease to Corporation. 
 
 Passed 30th March 1848. 
 
 Whereas a certain piece of land situate in the Parish of 
 Saint Andrews, in the County of Charlotte, ivas granted by 
 Letters Patent under the Great Seal of this Province to the 
 Justices of the Peace for the County of Charlotte, in trust for 
 the benefit of the inhabitants of the Town of Saint Andrews, 
 which said piece of land contains ninety eight acres, and is 
 situated at the south east end of the Town Plat of Saint 
 Andrews, and is known as part of the Commons of the said 
 Town : And whereas the Saint Andrews and Quebec Railroad 
 Company are desirous of leasing a part of < the said Com- 
 mons ; — 
 
 Be it therefore enacted, Sfc. — 1. The said Justices of the 
 Peace for the County of Charlotte be and they are hereby 
 authorized and empowered, by a good and sufficient Lease, to 
 grant and to farm let such part, not exceeding twelve acres, 
 
1 1 V. C 48] UNREPEALED ACTS. 305 
 
 of the hereinbefore described tract or parcel of land, as they 
 in their discretion may think fit, for any terra not exceeding 
 twenty one years, and to appropriate the proceeds arising 
 therefrom towards the support of the poor of the said Parish 
 of Saint Andrews ; provided always, that such Lease shall be 
 made only to the Quebec and Saint Andrews Railroad Com- 
 pany for the purposes of such Railroad. 
 
 11th Victoria — Chapter 48. 
 
 An Act in addition to and amendment of an Act furtbep 
 to amend and extend the provisions of an Act intituled 
 An Act to incorporate the Saint Andrews and Quebec 
 Railroad Company. 
 
 Section, Section. 
 
 1. Damages, &c. for land taken, how deter- 5. What may assign to Class A. 
 
 mined. 6. Troops, when to be conveyed on line, and 
 
 2. Repealed. conditions. 
 
 3. If Directors not chosen on specified day, 7. Telegraph of Corporation, how Govern- 
 
 when to be choSen; vacancies how ment to use. 
 
 supplied. 8. Bye Laws of Corporation, how disal- 
 
 4. Class A Shareholders, what number of lowed. 
 
 shares entitled to hold. 
 
 Passed ZOth March 1848. 
 
 Be it enacted, ifc. — 1. In determining the amount of dama- 
 ges or compensation to be paid by the said Saint Andrews and 
 Quebec Railroad Company to the proprietors or occupiers of 
 any land or premises which the said Company may require for 
 the purposes of the said Railroad, or which may be damaged 
 in any way by the construction of the same, regard shall be 
 had to the value of such land or premises before the present 
 year, and not to the increased value which the construction of 
 the said Railroad will occasion, and that such damages or com- 
 pensation, in case of disagreement, shall be ascertained and 
 determined in such manner and form, and by such ways and 
 means, as shall be directed and prescribed by any Act now in 
 force or to be passed at the present or any future Session of 
 the General Assembly of this Province. 
 
 2. Repealed by 12th Vic. cap. 60. See post, page 310. 
 
 3. If it should so happen that the said Directors or other 
 officers in the said Saint Andrews and Quebec Railroad Com- 
 pany should not be chosen on the first Tuesday in May in any 
 year, as directed by the Actof Assembly incorporating the said 
 
 Company, made and passed in the sixth year of the Reign of 
 
 20 
 
306 UNREPKALED ACT'S. [11 V. C 48 
 
 His late Majesty William tbe Foiirtb, that then it shall and 
 raay be lawful to choose such ITirectors and officers on any 
 other day, between the hours of twelvfe at noon and three in 
 the afternoon of such day, oh giving fourteen dkys notice of 
 the time aud place of such meeting in the Royal Oazette di* 
 other Nevtspapers published in Fredericton, also in onfe of thte 
 Newspapers published in the City of Saint Johii, and also ih 
 one or more Newspapers, if any, pnblished in Saint Andrews ; 
 and in case any Director shall be removed by the stockholders 
 for misconduct or mal-adininistration, his place shall be filled 
 up by the stockholders, fourteen days notice being in' lik^ man- 
 ner given of the time and place of meeting for such purpose ;; 
 and ih case of any vacancy among the Directors by death, 
 resignation, or disqualification by sale and transfer of stock, 
 then and in either of such cases the said Directors shall and 
 may fill up such vacancy, by choosing one of the stockholders, 
 duly qualified, in his stead ; and the person so chosen by the 
 stockholders or Directors, shall serve until another be chosen 
 in his room, any thing in the hereinbefore mentioned Act 
 incorporating the said Company to the contrary notwithstanding. 
 
 4. And whereas four thousand shares of the capital stock of 
 the said Saint Andrews and Quebec Railroad Company have 
 been set apart by the said Company for shareholders in the 
 United Kingdom, and a p&rtioh of such shares have already 
 been subscribed and a deposit paid thereon by noblemen and 
 ^fentlenien there resident : And whereas the said Comp&ny 
 are diesirous of creating a distincti-on between the shaSres held 
 in the United Kingdom and the other shares in the said Com- 
 pany, and of yielding certain privileges and advantages to the 
 shares held in the said United Kingdomf; — Four thonsand 
 shares in the said Company shall and may be set apart by the 
 Directors of the said Company for shareholders inthe United 
 Kingdom, to be designated as shares in Class A, ahd shall be 
 numbered consecutively from number one to number four 
 thousand inclusive, in the said Class A; and that all other 
 shares in the said*^ Company shall be designated as Glass B, 
 ahd shall be numbered consecutively from number one to such 
 number of shares aa may be subscribed for or issued by the 
 said Company. 
 
 5. The Directors of the said Company shall and may have 
 
11 v. C 48] UNREPEALED ACTS. 307 
 
 power to assign and transfer to the holders of shares in Class 
 A, the whole or any part of any guarantee of interest, grant of 
 money or lands, or other benefit, profit, or advantage, which 
 now, hath been, or hereafter may be granted, conceded, or 
 allowed to the said Company by Act of Assembly in this Pro- 
 vince, or otherwise howsoever; and that for the more effectu- 
 ally carrying out and perfecting the said assignment or transfer, 
 or more than one if necessary, the Directors of the said 
 Company shall have power to establish an agency in London 
 for the transaction of business with reference to the said shares 
 in Class A, subject to such rules and regulations as shall be 
 prescribed by the bye laws of the said Company. 
 
 6. Whenever it may be necessary to move any of the Offi- 
 cers or Soldiers of Her Majesty's Forces of the Line, Ordnance 
 Corps, Marines, Militia, or Police Force, by the said Saint 
 Andrews and Quebec Railway, or any of its branches, the 
 Directors thereof shall and they are hereby required to provide 
 conveyances for the said Military, Marine, and Police Forces 
 respectively, with their baggage, stores, arms, ammunition, 
 and other necessaries and things, at such time or times, 
 whether the same shall be the usual hours of starting trains or 
 not, as shall be required or appointed by any Officer duly 
 authorized for that purpose, at such prices and upon such con- 
 ditions as may from time to time be contracted for between the 
 Secretary at War or some Officer duly authorized for that 
 purpose, and the said Company. 
 
 7. If a line of Electrical Telegraph shall be established by 
 ' the said Company upon the line of the said Saint Andrews 
 
 and Quebec Railway, or any part thereof, or upon any of its 
 branches, otherwise than exclusively for the purposes of the 
 said Railway, the use of such Electrical Telegraph, for the 
 purpose of receiving and sending messages, shall be subject 
 to the prior right of use thereof for the service of Her Majesty, 
 and for the purposes of the said Company ; and subject also to 
 such equal charges and to such reasonable regulations as may 
 be from time to time made by the said Company, be open for 
 the receiving and sending of messages by all persons alike, 
 without favour or preference. 
 
 8. It shall be lawful for the Lieutenant Governor or Admin- 
 istrator of the Government in this Province for the timebeingi 
 
308 UNREPEALED ACTS. [11 V. C 63 
 
 at any time either before or after any bye law, order, rule, or 
 regulation laid before him by the said Company, sha,!l have 
 come into operation, to notify to the said Company his dis- 
 allowance thereof, and iii case the same shall be in force at the 
 time of such disallowance, the time at which the same shall 
 cease to be in force, and no bye law, order, rule, or regulation 
 which shall be so disallowed, shall have any force or effect 
 whiatsoever, or if it shall be in force at the time of such dis^ 
 allowance, it shall cease to have any force or effect at the tinje 
 limited in the notice of such disallowance, saving in so far as 
 any penalty may have been already incurred under the same. 
 
 11th Victoria — Chapter 63. 
 
 An Act to extend the provisions of an Act intituled An 
 Act to facilitate the making of a Railroad from Saint 
 Andrews in the County of Charlotte, to Woodstock in 
 the County of Carleton, and Branches thereof. 
 
 Section. . Section. 
 
 1. Provincial pledge of interest, how in- 4. Repeal of Section of certain Act. 
 
 creased' . : ': 5. Right of Government to purchase Rail- 
 
 2. For what term pledge to he increased. road, &:c. how not abridged. 
 3.1 How lots adjoining Railway may be laid 6. Suspending clause. 
 
 out. 
 
 Passed SOth March 1 848. 
 
 Whereas the Saint Andrews and Quebec Railroad Com- 
 pany have actually commenced the construction of a Railroad 
 from Saint Andrews in the County of Charlotte, to Wood- 
 stock in the County of Carleton, and it hath been deemed 
 advisable further to encourage the said undertaking, and 
 thereby lead to a more speedy completion of the work, by 
 increasing the rate of interest on a portion of the capital sura 
 to be invested in the undertaking, for the payment of which 
 the faith and credit of this Province stand pledged, and to 
 extend the period of time during^ which such increased interest 
 shall be paid ; — 
 
 Be it therefore enacted, ifc. — 1. The rate of annual profit 
 or interest for which the faith and credit of the Province stand 
 pledged to the Saint Andrews and Quebec Railroad Company, 
 by the fifth Section of an Act made and passed in the tenth 
 year of Her Majesty's Reign, intituled An Act to facilitate the 
 making of a Railroad from Saint Andrews in the County of 
 
11 V. C 63] UNREPEALED ACTS. 309 
 
 Charlotte, to Woodstock in the County of Carleton, and 
 Branches thexeof, shall be increased from five per centum per 
 annum, to six per centum per annum, on such capital sum, 
 not exceeding the sum of one hundred thousand pounds, as 
 may be invested in fhe undertaking aforesaid ; and that the 
 faith and credit of the Province shall stand pledged and hereby 
 are pledged to the said Company to make up and pay any defi- 
 ciency of the clear profits arising from the traffic of merchan- 
 dise and passengers, and otherwise on the said described Rail- 
 road and its branches, whereby the said Company may realize 
 a less annual profil than six per centum on the sum of one 
 hundred thousand pounds, expended in the undertaking, 
 agreeably to the terms, conditions, and specifications of the fifth 
 Section of the said Act of Assembly hereinbefore mentioned. 
 
 2. The term of years during which such deficiency of annual 
 profit or interest shall be made up and paid by this Province 
 to the extent of six per centum per annum, on such capital 
 sum of not exceeding one hundred thousand pounds, as shall 
 be invested in the said undertaking, shall be extended from the 
 term of ten years, mentioned in the sixth Section of the Act 
 for facilitating the construction of the said Railroad herein- 
 before mentioned, to the term of twenty five years ; and that 
 during the said term of twenty five years, the said deficiency, 
 if any, shall be made good by this Province, and shall be paid 
 to the said Company in manner and form and according to 
 the stipulations and conditions mentioned and contained in the 
 said sixth Section of the hereinbefore mentioned Act. 
 
 3. And for the further encouragement of the said undertak- 
 ing; — On the completion of the said part of the said contem- 
 flated Railroad, it shall and may be lawful for the said Com- 
 pany, at their own proper costs and charges, and under the 
 supervision of the Surveyor General of the Province, to cause 
 a survey of the ungranted Crown Land on each side of the said 
 Railway, between Saint Andrews and Woodstock, to be made 
 and laid out in lots of fprty rods in width, fronting on the said 
 Railroad, and extending back a distance of one mile and a 
 half from the said road ; and it shall and may be lawful for the? 
 Lieutenant Governor or Administrator of the. Government for 
 the time being, and he is hereby authorized and empowered 
 to grant in fee simple to the said Company, free from any 
 
310 UNREPEALED ACTS. [12 V. C 60 
 
 charge, save and except the expenses of the survey as afore- 
 said, every second or alternate lot on both sides of the said 
 Railroad, not exceeding in the whole the quantity of twenty 
 thousand acres. 
 
 4. The fourth Section of an Act made and passed in the 
 tenth year of the Reign of Her preseiit Majesty, intituled An 
 Act to facilitate the making of a Railroad from Saint Andreivs 
 in the County of Charlotte, to Woodstock in the County of 
 Carleion, and Branches thereof, be and the same is hereby 
 repealed. 
 
 5. Nothing in this Act contained shall be construed to impair 
 or lessen the right of Her Majesty's Government to purchase 
 the said Railroad and its branches, arid all other the property 
 of the said Company, thereunto appertaining, on the terms and 
 conditions contained in the eleventh Section of an Act passed 
 in the tenth year of the Reign of Her present Majesty, intituled 
 An Act further to amend and extend the provisions of an Act, 
 intituled "AnActto incorporate the Saint Andrews and Quebec 
 Railroad Company." 
 
 6. This Act shall not come into operation or be in force 
 
 until Her Majesty's Royal approbation be thereunto first had 
 
 and declared. 
 
 [ This Act was specially confirmed, ratified, and finally enacted, by an Order 
 of Hfr Majesty in Council dated the ^Itkdiiiy of June iHH, and published and 
 declared in the. Province the \^th day of July 1848.] 
 
 12th Victoria — Chapter 60. 
 
 An Act in further amendment of the Acts relating to the 
 incorporation of the Saint Andrews and Quebec Railr 
 rp|id Company. , 
 
 Section. Section, 
 
 1. Repeal of what Section. 3. President, by whpm chosen ; quorum ; 
 
 2. Number of Directdrd, and how chosen. ^ casting vote, ifrien. , ' 
 
 4, Duties of resident and . non-resident Di- 
 
 '■' '''rectors.''-'^' ■ ' * i. ' i»..'.i-' 
 
 Passed \^th April 1849. 
 Be it enacted, fyc. — 1. The second Section of an Act made 
 and passed in the eleventh year of the Reign of Her present 
 Majesty, intituled An Act in addition to and in amendment 
 of an Act further to amend and extend the provisions of an Act, 
 intituled "An Act to incorporate the Saint Andrews and 
 
12 V. C 60] UNREPEA^LED ACTS, 311 
 
 Quebec Railroad Company" be and the same is hereby 
 repealed. 
 
 2. At every annual, general meetia^ of the Saint Andrews 
 and Quebec Railroad Company, it shall and may be lawful for 
 the shareholders present and appearing by proxy, to choose by 
 a majority of votes twenty Directors, being proprietors of at 
 least ten shares each in the said Company ; of which Director? 
 thirteen shall be residents of and in this Province, and seven 
 residents of and in that part of the United Kingdom called 
 England ; all which Directors, residents in England as well as 
 in this Province, shall continue in office for one year or until 
 others are chosen in theii; place. 
 
 3. The said thirteen Directors, residents of this Province, 
 shall at their first meeting after their election choose one of 
 thpir number President of the said Company ; and five Direc- 
 tprs sha.ll form a quorum for the transaction of business, of 
 whom the President shall ajways be one, except in case of 
 necessary absence, when the Directors present may choose one 
 of their number Chairman for the occasion ; and in case of 
 tijere being an equal number of votes for or against any ques- 
 tiqn before the Board of Directors, the President or Chairman 
 shall h^ve a casting vote in addition to his ordinary vote as a 
 Director. 
 
 4. All the. powers and duties conferred and imposed upon 
 any Board of Directors mentioned in the Act incorporating 
 the said Company, or any Act in addition to or in amendment 
 of such Act, shall be enjoyed, executed, and fulfilled by the 
 said, thirteen Directors residents of this Province ; and that the 
 powers and duties of the seven Directors residents of that part 
 of Great Britain called England, shall be such as may be given, 
 grantedj and imposed on them by the said Directors resident 
 in this Province, or by any bye law of the said Company, and 
 the same shall be enjoyed, executed, and fulfilled by the said 
 seven Directprs under the instructions and control, immediate 
 and final, of the said thirteen Directors, residents of this Pro- 
 vince as E^fores^id ; provided always, that nothing herein 
 contained sli^H affect, alter, or abridge the powers of. the 
 stockholders resident, la Englajpd as individueil members , of the 
 CqrpQr^tjftn, 
 
312 UNREPEALED ACTS. [12 V. C 74 
 
 12th Victoria — Chapter 74. 
 
 An Act further to facilitate the making of a Railroad from 
 Saint Andrews to Woodstock, with a Branch to Saint 
 Stephen. 
 
 Section. Section. 
 
 1. What lands, and when may be granted 3. Limitation of Act. 
 
 to Corporation. 4. Suspending clause. 
 
 2. When certain sums expended, what spe- 
 
 cial grants may be made. 
 
 Passed Hlh April 1849. 
 
 Whereas it is deemed advisable that further encourage- 
 ment should be given to the Saint Andrews and Quebec Rail- 
 way Company ; — 
 
 Be it therefore enacted, ifc, — 1. On the completion of a 
 Railroad from Saint Andrews in the County of Charlotte, to 
 Woodstock in the County of Carleton, with a Branch to Saint 
 Stephen, in the said County of Charlotte, together with all 
 the station houses, engines, carriages, cars, and other furniture 
 necessary to put the same in good working condition, il shall 
 and may be lawful for the said Company, at their own proper 
 costs arid charges, and under the supervision of the Surveyor 
 General of the I'rovince, to survey and lay out all the Crown 
 Lands contiguous to and within five miles on each side of said 
 Railroad ; which said quantity of land the said Governor or 
 Administrator of the Government for the time being, by and 
 with the advice of the Executive Council, shall and he is 
 hereby empowered to grant in fee simple to the said Company, 
 free from any charge save and except the expense of survey 
 as aforesaid J provided always nevertheless, that nothing in 
 this Act contained shall extend or be construed to extend to 
 prevent the Executive Government of this Province, if they 
 shall see fit, from disposing of any of the land contiguous to the 
 said contemplated line of Railroad, for actual and immediate 
 settlement, or of disposing of the timber and logs now growing 
 and being thereon. 
 
 2. It 'shall and may be lawful for the Lieutenant Governor 
 or Administrator of the Government for the time being, by and 
 with the atlvice aforesaid, on satisfactory assurance under 
 oath of the President and Secretary of the said Company, that 
 ten thousand pounds have been actually paid and expended in 
 the construction of the said Railroad, to grant to the said Com- 
 pany in fee simple a portion of the said tract of land, not ex- 
 
13 V. cl]^ ' UNREPEALED ACTS. 313 
 
 ceeding ten thousand acres, and so in like manner from time 
 to time to grant a like quantity of land for every additional ten 
 thousand pounds so paid and expended on the said Railroad 
 as aforesaid ; provided further, that the whole quantity of land 
 granted shall not exceed the quantity of Crown Lands con- 
 tained in the above mentioned tract, any thing herein contained 
 to the contrary thereof notwithstanding. 
 
 3. This Act" shall be and continue in force for ten years 
 from the passing thereof, and no longer. 
 
 4. This Act shall not come into operation or be in force 
 
 until Her Majesty's Royal approbation be thereunto first had 
 
 and declared. 
 
 [This Act was specially cmfirmed, ratified, and filially enacted, by an Order 
 of Her Majesty in Comwil dated the \Slh day of July J 849, and published and 
 declared in the Province the %lh day of August 1849.] 
 
 13th Victoria — Chapter 1. 
 
 An Act relating to the Saint Andrews and Cluebec Rail- 
 road Company. 
 
 Section. Section. 
 
 i. Certain Sections of Act repealed. 8. What covenants may be made between 
 
 3. Powers of Corporation t<^enter on lands. Corporation and Class A. > ; ' , , ; 
 
 &c. Compensation^ how made. 9. Common Seal of, may be used by whom. , 
 
 3. Discharges of minors, &c. when valid. 10. What advantages may be granted to 
 
 4. Materials for Railway, how Corporation Class A. 
 
 may talte and p^y lor. 11. What lands, &c. may charge in favour 
 .■5, Certain Sections of an Act, how far re- of Class A. 
 
 pealed. 13. Deeds made under certain Sections of 
 
 6. What number of Directors to be chosen, this Act, how executed. ^ 
 
 and when. 13. Certain Acts relating to the Corpbratlbrt,' 
 
 7. Class A Shareholders, what number of to what extent repealed. 
 
 Directors to choose. 14. Provincial faith, how extended to Class A. 
 
 Schedule. 
 
 Passed 2m April 185Q. , 
 Be it enacted, ^c. — 1. The fourth, fifth, sixth, seventh, 
 eighth, and ninth Sections of an Act made and passed in the 
 sixth year of the Reign of King William the Fourth, intituled; 
 An Act to incorporate the Saint Andrews and (Quebec Railroad 
 Company, be and the same are hereby repealed ; and in lieu 
 thereof, — 
 
 2. The said Company shall be and are hereby invested vvith 
 all the powers, privileges, and immunities which* are or may 
 be necessary to carry into effect the intentions and objectS; of 
 this Act ; and for this purpose the said Company, their suc- 
 cessors, deputies, agents, and assistants, shall have the right 
 
314 UNREPEALED ACTS. [13 V. C 1 
 
 to enter and ^o into and,upon the lands and grounds of all and 
 every description lying in the said route and general direction 
 of the said Railroad, for the purpose of making surveys, exami- 
 nations, or other necessary arrangements for fixing, the site of 
 the said Railroad ; and it shall and may be lawful for the said 
 Company and their successors to take and hold so much q( the 
 land and other real estate as may be necessary for the laying 
 out, making and constructing, and convenient operation of the 
 said Railroad ; and shall also have the right to take, remove^ 
 and use for the necessary construction and repair of the s^id 
 Railroad and appurtenances, any earth, gravel, stone, timber, 
 or other materials on or from the land so taken, jyithput any 
 previous agreement with the owner or owners, tenant or 
 tenants of the land> and upon which such surveys, examina- 
 tions, or other arrangements may be made, or through which 
 the said Railroad may be explored, laid out, worked, made, 
 and constructed, or on which materials or other things shall be 
 laid for the purposes of the said Railroad ; provided also, that 
 the said land so taken shall nut exceed six rod^ in vi^idth, 
 except where greater width is necessary for the purposes of 
 excavation or embankment ; and where the said Railroad shall 
 pass through any wood lands or forests, the said Company 
 shall have the right to fell or remove any trees standing 
 thereon to the distance of four rod^ from either side of the 
 said Railroaid, which by their liabilities to be blown, down, or 
 from their r^atural falling, might obstruct or impa,ir the said 
 Railroad ; provided always, that in all cases the said Company 
 shall pay for such land or estate so taken and used, (in case 
 the owner thereof demand it) such price as the said Company 
 and the owner or respective owners thereof may mutually 
 agree on ; aii^ in case the said parties should not agree, then 
 it shall be lawful for the said Company to apply to two of Her 
 Majesty's Jus.t|.ces of the Peace in the County wherein the said 
 lands may be situate, for ^Warrant, \Yhich Warrant shall b« 
 in the form set forth in the Schedule (A) to this Act annexed, 
 a,nd shall he directed to thie High Sheriflf, his Deputy, or any 
 Constable within the said, County, commat^^ing such I}igh 
 Sheriff, Deputy, or Constable to summon a jury of five disjq- 
 terested freeholders or occupiers of_ land; in the said Cqunty, 
 who she|.ll hs sworn to e^^nqiite thp ajf,e, of the s^j^ Railroad ; 
 
13 v. C 1] UNREPEALED ACTS. 315 
 
 and in case the said Railroad shall pass through or extend 
 upon any improved lands, or shall occasion the removal of any 
 buildings or fences, then and in all such cases the damages 
 shall be ascertained and assessed by such jury ; provided 
 nevertheless, that the said jury in assessing the said damages, 
 are authorized and empowered, and shall take into considera- 
 tion the enhancement in value of the land by the passage of 
 the Railroad, in regard to the increased facilities of access to 
 the different stations and termini of the said Railroad, in dimi- 
 nution of the damages; and in all cases where the jury shall 
 assess damages to be paid to the owner or owners of any land 
 over which the said Railroad may be laid out, the Justices 'who 
 issued the Warrant shall lay the said assessments before the 
 next annual meeting of the said Company, who are hereby 
 required to pay the amount set forth in the said assessment 
 into the hands of the person for whom such damages may have 
 been assessed, within twenty one days next after such annual 
 meeting of the said Company, together with the costs and 
 charges of assessing such damages, which Shall be agreeable 
 to a scale in Schedule (B) of this Act, and in default of such 
 payment, it shall and may be lawful for the said Justices, or 
 either of them, (in case of the death or absence of the other) 
 at the instance of the said party or parties to whom such 
 damages are payable, by Warrant under the hands and seals 
 of the said Justices, or of one of them, (in case aforesaid) to 
 levy the same, with costs, by distress and sale of the goods 
 and chattels of the said Company ; provided also, that nothing 
 in this Act contained shall be construed to affect the rights of 
 the Crown in any ungranted lands within this Province, or to 
 authorize the said Company to enter upon or take possession 
 of any such land without the previous permission of the Execu- 
 tive Government of the Province. 
 
 3. When the said Company shall take any lands or estate 
 of any body corporate, aggregate or sole, guardians, commit- 
 tees, executors, or administrators, or other trustees whatsoever, 
 held for and on behalf of those whom they represent, whether 
 Corporations, infants, idiots,- lunatics, feme coverts, persons 
 deceased or beyond seas, or other person or persons whatso- 
 ever, who are of shall be possessed of or interested in the said 
 land or estate, the respective contracts, agreements, and sales 
 
316 UNREPEALED ACTS. [13 V C. 1 
 
 of the said Corporations, guardians, committees, executors, 
 administrators, or other trustees whatsoever, shall be valid and 
 effectqal in law to all intents and purposes whatsoever, and 
 their respective receipts shall be good and valid releases and 
 discharges therefor ; and it shall be lawful for them respec- 
 tively to agree and settle with the said Company for damages, 
 (if any) by reason of taking such land or estate as aforesaid ; 
 and in case of disagreement, such damage to be ascei'tained 
 and settled as provided by the second Section of this Act. 
 
 4. The said Company, their superintendents, engineers, 
 agents, and workmen, may enter upon the land adjoining the 
 said Railroad, and from thence take and carry away any tim- 
 ber, stone, gravel, sand, and earth, or any material necessary 
 for the construction of the said Railroad ; and in case of any 
 slip happening or being apprehended to any cutting, embank- 
 ment, or other work belonging to the said Railroad, the said 
 agents and workmen shall at all times hereafter have full 
 egress and regress into and upon such adjoining lands, for the 
 purpose of repairing and preventing such accident, and to do 
 such works as may be necessary for the purpose ; provided 
 always, that such works shall be as little injurious to the said 
 adjoining land as the nature of the operations will admit of, 
 and shall be executed with all possible dispatch ; in all which 
 cases the damage incurred, if the parties cannot agree, shall 
 be ascertained and paid in like manner in all respects as pro- 
 vided for in the second Section of this Act. ^ 
 
 5. And whereas it is expedient to enable the Saint Andrews 
 and Quebec Railroad Company to make further arrangements 
 respecting their Class A shares ; — The second and fourth Sec-r 
 tions of the Act passed in the twelfth year of the Reign of Her 
 present Majesty, intituled An Act in further amendment of the 
 Acts relating to the incorporation of the Saint Andrews and 
 Quebec Railroad Company, are so far, but so far only as is 
 necessary to give full effect to the provisions of this Act, 
 hereby repealed, but without prejudice to any act or thing 
 already made or done under or by virtue of the same Sections 
 or either of them. 
 
 6. At every annual general meeting of the Company the 
 shareholders present and appearing by proxy may choose, by a 
 majority of votes, thirteen Directors, who shall be distinguished 
 
13 V. C 1] UNREPEALED ACTS. 317 
 
 as "The Directors of the Company," being holders of at least 
 ten shares each, and resident in this Province, and who shall 
 continue in office for one year, or until others be chosen in 
 their place ; and the third Section of the last mentioned Act 
 shall apply to the Directors of the Company, and except 
 as otherwise provided by this Act, all the powers and duties 
 conferred and imposed upon any Board of Directors mentioned 
 in the Act incorporating the Company, or any Act in addition 
 to or in amendment of such Act, shall be enjoyed, executed, 
 and fulfilled by the Directors of the Company. 
 
 7. The holders of Class A shares may from time to time 
 choose from among themselves seven Directors, who shall be 
 distinguished as " The Directors for Class A Shareholders," 
 and make such regulations concerning the Directors for Class A 
 shareholders as such holders think fit. 
 
 8. The Directors of the Company, with the consent of the 
 Directors for Class A shareholders, may from time to time by 
 Deed, enter into such covenants, conditions, and stipulations 
 with respect to the conduct and management of the affairs of 
 the Company, and delegate to the holders of Class A shares 
 and the Directors of Class A shareholders respectively, such 
 powers and authorities with reference to the conduct and man- 
 agement of such of the affairs of the Company in any way 
 affecting or likely to affect the interests of the holders of Class A 
 shares, as may from time to time be agreed on between the 
 Directors of the Company and the holders of Class A shares, 
 or the Directors of Class A shareholders. 
 
 9. The common seal of the Company, or a duplicate thereof, 
 may from time to time be used by the Directors of Class A 
 shareholders, for such purposes and in such manner as^ may 
 from time to time be agreed on between the Directors of the 
 Company and the Directors of Class A shareholders. 
 
 10. The Directors of the Company may from time to time 
 by Deed, grant and assure in such manner as they think fit, 
 unto the holders of Class A shares, not only the whole or any 
 part of any guarantee of interest, grant of money or lands, or 
 other benefit, profit, or advantage already or to be hereafter 
 granted, conceded, or allowed to the Company by Act of As- 
 sembly, or otherwise howsoever, but also such preferential 
 interest or dividend, and such preferential, exclusive, or other 
 
3l8 UNREPEALED ACTS. [13 V. C 1 
 
 profits, privileges, and advantages whatsoever, and on such 
 terms and conditions whatsoever, as the Directors of the Com- 
 pany from time to time think proper. 
 
 11. The Directors of the Company may from time to time 
 by Deed, subject and charge in such manner as they think fit^ 
 the present and future lands, goods, and other property and 
 effects, toils, income, and profits whatsoever of the Company, 
 on such parts tl^ereof as the Directors may think fit, to an^ 
 with the payment or other satisfaction, to the holders of Class A 
 shares, of such interest or dividend, profits, privileges, and 
 advantages. 
 
 12. Every Deed executed by the Directors of the Company, 
 in accordance with the eighth, ninth, and tenth Sections respec- 
 tively of this Act, shall be under the common seal of the Com- 
 pany, (which the Directors of thg Company are hereby autho- 
 rized to affix to every such Deed) and under the respeptiye 
 hands and seals of any three or more of the Directors of the 
 Company; and every Deed so executed shall have as full eflTect 
 and be as binding and conclusive on the Company, and the 
 Directors of the Company, and the Directors of Class A share- 
 holders, and the several shareholders and classes of shareholders 
 respectively of the Company, as if the terms and provisions of 
 such Deed were by this Act expressly enacted and made binding 
 and conclusive accordingly. 
 
 13. The Act incorporating the Company, and the several 
 Acts in addition to and in amendment of such Act respectively, 
 so far as the provisions thereof respectively are repugnant to 
 or inconsistent with any of the provisions or purposes of this 
 Act, ^re hereby repealed, but in all other respects such Acts 
 respectively, so far as the same respectively are now unre-* 
 pealed and in force, shall, subject and without prejudice to the 
 provisions and purposes of this Act, be and remain in full force. 
 
 14. The faith of this Province shall stand pledged, and the 
 same is hereby pledged ^ to the holders of Class A sharejs, 
 that this Act, or any of the provisions thereof, or any of the 
 rights, authorities, privileges, profits, or advantages by this 
 Act granted or secured, or authorized to be granted or secured, 
 to or for the benefit of the holders of Class A shares, or any of 
 them, shall not directly or indirectly^ be taken away, lessened, 
 or in any way prejudicially afflected by any Act of Assembly or 
 
13 V. C i] UNREPEALED ACTS. 319 
 
 facility Act, without or otherwise than in accordance with the 
 previous consent of the holders of Class A shares, to be testi- 
 fied by some Petition under the hands of three or more of the 
 Directors for Class A shareholders, to the Assembly of this 
 Province. 
 
 SCHEDULE. 
 
 (A) 
 Form of Warrant to summon Jury. 
 
 To the Sheriff, Deputy Sheriff, or aiijr Constable of the 
 County of 
 
 You arc hereby commanded to summon a Jury of five dis- 
 interested freeholders of your County on the day of 
 , at of the clock in the noon, and then and 
 there to assess the damages (if any) which A. B. alleges he 
 has sustained by reason of the works and operations of the 
 Saint Andrews and Quebec Railroad Company through and 
 upon his lands. 
 
 Giv,en upder our hands and seals the day of , 
 
 A. D. one thousand eight hundred and 
 
 (B) 
 
 Scale of Fees in proceedings before Justices upon assessing 
 damages under the foregoing Act : — 
 To the Justices, 
 
 Warrant to summon jury, two shillings and six pence. 
 
 For every subpoeha, six pence. 
 
 For every copy thereof, three pence. 
 
 Every adjournmetft made at the instance of the party, one 
 shilling. 
 
 Trial and judgment, two shillings and six pence. 
 
 Swearing each witness and constable, three pence. 
 
 Swearing jury, one shilling. 
 
 Execution or distress warrant, one shilling and six pence. 
 To the Sheriff or Constable. 
 
 Summoning jury, five shillings. 
 
 Attendance on jury, one shilling. 
 
 For all other services same as fixed ty law in civil cases 
 before Justices of the Peace. 
 
320 UNREPEALED ACTS. [14 V. C 36 
 
 To Witnesses. 
 I Attendance and travel same as in civil cases before Justices 
 of the Peace. 
 
 To Jurors. 
 
 Each Juror sworn on inquiry, two shillings. 
 
 14th Victqriat-Chapter 36. 
 
 An Act to facilitate the construction of a Railway from 
 Saint Andrews to duebec. 
 
 Section. Section. 
 
 1. On wlint conditions Province to take 4 Howcertificatesofsharesheld, andDirec- 
 
 Btock and issue Debentures, and to tors, appointed. 
 
 ' what extent. 5. Application of dividends, &e. What 
 
 a. Debentures, description of. Revenue pledged. 
 
 3. When redeemable. ' 6. Act, when may be altered. 
 
 7. Suspending clause. 
 
 Passed 28r!^ March 1861. 
 
 Be it enacted, Sfc. — 1. When the shareholders of the Saint 
 
 Andrews and Quebec Railroad Company shall pay into their 
 
 Treasurer at least the sum of two thousand pounds sterling, 
 
 and it shall be satisfactorily proved to the Lieutenant Governor 
 
 in Council that such sum has been actually paid in, and is ready 
 
 to be expended in the construction within this Province of a 
 
 Railway from Saint Andrews to Woodstock, the Provincial 
 
 Treasurer shall be authorized by the Lieutenant Governor in 
 
 Council to subscribe on behalf of the Province for shares in the 
 
 said Company to the like amount, and in payment therefor to 
 
 deliver to the said Company special Certificates of Debt, to be 
 
 called Debentures, bearing interest at a rate not exceeding six 
 
 per cent, per annum, the principal money redeemable in thirty 
 
 years ; and so from time to time when it shall be satisfactorily 
 
 proved to the Lieutenant Governor in Council that the sums 
 
 theretofore subscribed and paid in by the shareholders of the 
 
 said Company, and the proceeds of the Debentures previously 
 
 delivered, have been expended in the construction of the said 
 
 Railway, and that a further sum of at least two thousand pounds 
 
 sterling has been actually paid in by the shareholders, and is 
 
 ready to be expended in like manner, the Provincial Treasurer 
 
 shall again be authorized to subscribe on behalf of the Province 
 
 for shares in the said Company, to an eqijal amount wfith the 
 
 sum so paid in and ready to be expended, and also to pay in 
 
14 V. C 36] UNREPEALED ACTS; 321 
 
 full for such shares by a further delivery of Debentures ; pro- 
 vided always, that the amount of shares in the said Company 
 subscribed and paid for by the Provincial Treasurer in any one 
 year shall not exceed the sum of twenty thousand pounds ster- 
 ling, and in the whole shall not exceed the sum of fifty thou- 
 sand pounds sterling. Proviso repealed by 15th Vic. cap. 55. 
 
 2. The Debentures shall be in the form in the Schedule an- 
 nexed, they shall be signed and sealed by the Lieutenant 
 Governor, and countersigned by the Provincial Treasurer; 
 they shall be numbered consecutively, beginning with number 
 one, and shall be issued for such sums from one hundred to 
 one thousand pounds sterling, as may be deemed expedient ; 
 the interest thereon shall be paid half yearly, either in London, 
 New York, or Saint Andrews, at the option of the holder, who 
 shall give to the Provincial Treasurer six months notice in 
 writing at which of the places named he wishes to receive 
 interest on the Debentures he holds ; provided always, that 
 whenever such interest is paid in New York, it shall be at the 
 rate of four dollars and eighty cents for the pound sterling, and 
 when at Saint Andrews, at twenty four shillings currency for 
 the pound sterling. 
 
 3. The principal money of such Debentures shall be paid in 
 full at the end of thirty years to the then holders thereof, at the 
 same places and on the same terms as the interest is made 
 payable. 
 
 4. The Certificates of Shares in the Saint Andrews and Que- 
 bec Railroad Company to be from time to time delivered by 
 the Company to the Provincial Treasurer, shall be held by him 
 for and on behalf of the Province, as -public property ; and 
 while such shares are so held no vote thereon shall be given 
 at any meeting of the Company, nor shall there be any inter- 
 ference with or control over the management or business of 
 the said Company on account thereof, by the Government ; and 
 no interest shall be paid to or claimed by the Province on such 
 shares in consideration of their having been paid for in full at 
 the time of subscription. Proviso repealed hy 16th Vic. cap. 50. 
 
 5. The dividends arising from the shares in the said Com- 
 pany held by the Provincial Treasurer, shall be applied toward 
 the payment of interest on the said Debentures, and at the 
 expiration of thirty years, when such Debentures become pay- 
 
 21 
 
322 UNREPEALED ACTS. [15 V. C 55 
 
 able, the said shares shall be sold and disposed of^ and the 
 proceeds be applied toward the payment of the same; and the 
 faith and credit of this Province, and the ordinary revenues 
 thereof, and the amount or proceeds of any special impost which 
 may hereafter be levied and collected for the paying off su«h 
 Railway Debentures, and the interest thereon, sbaJl be and 
 hereby are declared pledged to any and every holder of the 
 same for payment of interest as it becomes due, and for pay- 
 ment of the principal money at the expiration of the timelimited 
 for payment of the said Debentures, as they severally fall due. 
 
 6. This Act may be altered and amended during the pre- 
 sent Session. 
 
 7. This Act shall not come into operation or be in force until 
 Her Majesty's Royal approbation thereof be first had M>d de- 
 clared. 
 
 Form repealed and another substituted by 15th Vic. cap. 55. 
 
 [ This Act was specially confirmed, ratified, and finally enacied\ iy an Order 
 sf Her Majesty in Council dated, thfi 2^th day of Jy,tte IS^lf .imd pul/^isjied an^ 
 declared in the Province ifie Sth day of July 1851. J 
 
 15th Victoria — :Chapter 55. 
 
 An Act to amend the Act to facilitate the conslractign pf 
 a Railway from. Saint Andrews to Quebec. 
 
 Section 1. — ^Provincial Shares Debentures on ne\v conditions and forms. 
 
 / Pagsed 7th April IS^. 
 
 Whereas it is expedient to amend an Act made and passed 
 in the fourteenth year of Her Majesty's Reign, intituled An 
 Act to facilitate the' construction of a Radlwaof from Saint 
 Andrews to Quebec,' in certain particulars ; — 
 
 Be it therefore enacted, S/fc. as follows .--r-l. The last proviso 
 contained in the first Section of the said recited Act, m these 
 words — " Provided always, that the shares to be delivered to 
 " the Provincial Treasurer on account of the Province, shall 
 " be of the same class and description as those paid up by the 
 " shareholders of the Company, for the purposes of this Act," 
 be and ihe same is hereby repealed ; provided always, that no 
 further Debentures shall issue under the provisions of this or 
 the said recited Act,' until it be made satisfactorily to appear to 
 the Lieutenant Governor in Council, that a bona fide contract 
 
15 v. C 55] UNREPEALED ACTS. 323 
 
 or contracts has or have been entered into for the completion of 
 the said Railway, from, at, or near Waweig to Woodstock in 
 the County of Carleton ; provided that the following shall be 
 the form of Debentures referred to in the said recited Act, and 
 Coupons shall hereafter be annexed thereto, instead of the 
 form prescribed in the Schedule to the said Act : — 
 
 No. — Province of ^ew Brunswick. 
 
 JEIOO Sterling Debenture. f 100 Sterling transferable. 
 
 Under the authority of the Legislature of the Province of New 
 
 Brunswick. 
 
 The Government of New Brunswick promise to pay to the 
 bearer, the sum of one hundred pounds sterling, thirty years 
 from and after the day of , likewise the interest 
 
 from the same date, at the rate of six per cent, per annum, 
 to be paid half yearly on presentation of the proper Coupons 
 for the same, as hereunto annexed, on the day of 
 
 and the day of in each year, at the office of 
 
 in London. 
 
 In testimony whereof,; the Lieutenant Governor of the Pro- 
 vince of New Brunswick, on behalf of the said Province, and 
 by virtue of the authority vested in him by an Act of the 
 General Assembly of the same, intituled An Act to facilitate 
 the construction of a Railway from Sain, t Andrews to Quebec, 
 which Act has been approved and allowed by Her Majesty, has 
 hereunto set his Hand and affixed his Seal of Office, at Frede- 
 ricton, in tlie Province of New Brunswick, this day of 
 
 A.D. 185 . 
 
 (Signed) 
 Countersigned by the ) 
 Provincial Treasurer. ) 
 
 COUPON. 
 
 Province of New Brunswick. 
 £3 Sterling. £3 Sterling. 
 
 Half yearly interest dividend due on Debenture No. , 
 issued under the authority of the Provincial Legislature for 
 one hundred pounds sterling, payable at the office of in 
 
 London. 
 
 In testimony whereof, the Lieutenant Governor [and so 
 forth, as in the preceding form.'] 
 
324 UNREPEALED ACTS. [16 V. C 50 
 
 16th Victoria — Chapter 50. 
 
 An Act relating to the Saint Andrews and Cluebec RaiU 
 road Company. 
 
 Section. Section. 
 
 1. Repeal of a certain Section and Act. 2. What Directors of Goropany to be ap^ 
 
 pointed by Government. 
 
 Poised 3rd May 1853. 
 
 Be it enacted &fc. as follows : — 1. So much of the fourth 
 Section of the Act made and passed in the fourteenth year of 
 the Reign of Her present Majesty, intituled An Act to facili- 
 tate the construction of a Railway from Saint Andrews to 
 Q^uehec, as authorizes the Legislative Council and Assembly, 
 by joint Resolution, to appoint two Directors, who shall have 
 the same power and authority as any other Directors chosen 
 under the Act of Incorporation ; together with the Act made 
 and passed during the present Session, intituled An Act to 
 amend the Act to facilitate the construction of a Railway from 
 Saint Andrews to Quebec, be and the same are hereby re- 
 pealed. 
 
 2. The Lieutenant Governor or Administrator of the Govern^ 
 ment for the time being, in Council, may and he is hereby 
 required annually, or from time to time, as occasion shall 
 require, to appoint two Directors in the Saint Andrews and 
 Quebec Railroad Company, who shall have the same power 
 and authority as any other Directors chosen by the said Com- 
 pany under their Acts of Incorporation ; and in case of such 
 Directors, or either of them, refusing or neglecting to act, or 
 for other good cause, to cancel such appointment, and another 
 or others to appoint in his or their stead. 
 
 17th Victoria — Chapter 42. 
 
 An Act relating to the Saint Andrews and Clnebec Rail- 
 road Company's Contract for execution of Works. 
 
 Section 1. — Railroad Contract with Class A Shareholders declared valid in this Province. 
 
 Passed Ist May 1854. . 
 
 Whereas a certain Indenture bearing; date the twenty ninth 
 
 day of April one thousand eight hundred and fifty two, made 
 
 between the Saint Andrews and Quebec Railroad Company 
 
 of the first part, the Class A Shareholders of the Saint Andrews 
 
17 Y. C 42] UNREPEALED ACTS. 325 
 
 and Quebec Railroarl Company of the second ])ait, and James 
 Sykes, John Brookfield.and George William King,of Sheffield, 
 County of York, Railway Contractors, of the third part, for the 
 execution of certain Works in this Province, was executed in 
 England : And whereas in order to give legal effect in the most 
 convenient form to the provisions of said Indenture, it is con- 
 sidered desirable to declare the law in regard to the construction 
 thereof in the Courts of Law and Equity in this Province ; — 
 Be it therefore declared and enacted, ifc, — 1. The several 
 provisions of the said recited Indenture shall be construed and 
 deemed as valid in all respects between the said parties in all 
 Courts of Law and Equity in this Province, as if the said 
 Indenture had been made and executed by the several parties 
 thereto in this Province. 
 
 31st George 3rd — Chapter .5, 
 
 An Act for regulating Marriage and Divorce, and for pre- 
 venting and punishing Incest, Adultery, and Fornication. 
 
 Section. / Section. 
 
 I to 4 repealed. 8. Repealed. 
 
 5. Causes in ftlarriage and DivoTce, before 9. Ganses of Divorce. &c. 
 
 whom and how to be tried. TO. When issue not bastardized, or widow 
 
 6. Repealed. barred of dower, &c. 
 
 7. When Governor may appoint a Deputy. 11. What law repealed. 
 
 1, 2, &, 3. Repealed by The Revised Statues, Cap. 162. 
 
 4. Repealed by 52nd Geo. 3rd, cap. 21. 
 
 Be it enacted, &fc. — 5. All causes, suits, controversies, matters, 
 and questions touching and concerning Marriage and contracts 
 of Marriage, and Divorce, as well from the bond of Matrimony, 
 as divorce and separation from bed and board, and alimony, 
 shall and may be heard and determined by and before the 
 Governor and Commander in Chief of this Province and His 
 Majesty's Council ; and the Governor or Commander in Chief 
 and Council aforesaid, or any five or more of the said Council, 
 together with the Governor or Commander in Chief as Presi- 
 dent, be and they are hereby constituted, appointed, and 
 established a Court of Judicature in the matters and premises 
 aforesaid, with full authority, power, and jurisdiction in the 
 same ; provided j and it is hereby declared, that nothing herein 
 contained shall deprive, diminish, control, obstruct, or abridge, 
 
326 UNREPEALED ACTS. [3^1 G. 3, C 5 
 
 or be construed, deemed:, or extended to deprive, diminish, 
 control, obstruct, or abridge in any manner the rights, powers, 
 authority, judicature, or jurisdiction of the Court of Chancery, 
 or of the Supreme Court of Judicature, or of any Inferior 
 Court of this Province, in and touching the matters and pre- 
 mises aforesaid, or any of them ; and no sentence, decree, 
 judgment, or proceeding of the said Court of Governor or 
 Commander in Chief and Council, in any information, prose- 
 cution, suit, or process, touching and concerning any Marriage 
 or contract of Marriage, or Divorce, or alimony, shall take 
 away, annul, bar, suspend, or in any wise alter or afiPect the 
 right of action of any person or persons, for any injury or 
 damage sustained for or by reason of any breach of any cove- 
 nant or contract of Marriage. 
 
 6. Repealed by 6th Wm. 4th, cap. 34. See post, page 329. 
 
 7. And whereas the arduous affairs of Government may 
 render it impossible for the Governor or Commander in Chief 
 at all times to preside in person in the Court aforesaid ; — It 
 shall and may be lawful for the Governor or Commander in 
 Chief, by warrant or commission under his hand and seal, to 
 depute, constitute, and appoint the Chief Justice, or either of 
 the Justices of the Supreme Court of Judicature, or the Master 
 of the Rolls, to preside in his place and stead in the said Court 
 of the Governor and Council, and to have, hold, and exercise 
 all the powers, privileges, authority, and jurisdiction of the 
 Governor or Commander in Chief in the same Court ; and 
 such Deputy or Vice President shall have, hold, and exereise 
 all such powers, privileges, authority, and jurisdiction accotd- 
 ingly, as are hereby given and granted to the Governor or 
 Cpmmander. in Chief in the same Court, in all the causes^ 
 njatters, and things therein cognizable by this Act. 
 
 8. Repealed by 12 Vic, cap. 29. 
 
 9. The causes from divorce from the bond of Matrimony^ 
 and of dissolving and annulling Marriage, are and shall be, 
 frigidity or impotence,, adultery, and consanguinity within the 
 degrees prohibited in and by an Act of Parliament made in 
 the thirty second year of the Reign of King Henry the Eighth, 
 intituled, .^Ira J^ct far Mamages, to standi; notwithstanding 
 pre-contracts, and no other causes whatsoever. 
 
 10. Provided always, that in case of a sentence or divorce 
 
4 W. 4, C 30] UNREPEALED ACTS. 327 
 
 from the bond of Matrimony or Marriage for the cause of adiii- 
 tery, the issue 6f such Marriage shall not in any case be bastaf-' 
 dized, or in any way prejudiced or affected with any disabilitji^ 
 thereby; provided also, that the wife in such case shall not be 
 thereby barred of her dower, or the husband be thereby deprived 
 of any tenancy by the courtesy of England, unless it shall be so 
 expressly adjudged and determined in and by such sentence of 
 divorce. 
 
 11. An Act made and passed in the twenty seventh year of 
 His present Majesty's Reign, intituled An Act for regulating 
 Marriage and Divorce, and for preventing and punishing 
 Incest, Adudtery, and Fornication, be and the same is hereby 
 repealed, and declaried to be utterly null and void. 
 
 4th William 4th — Chapter 30. 
 
 An Act for the further regulation of the formation of the 
 Court of Governor and Council for the determination) 
 of all suits and controversies touching and concerning 
 Marriage and Divorce. 
 
 Section. Section. 
 
 1. Court df Governor and Council, who' to 2. With WhaJt pbwer8 vested. 
 constitute. 
 
 Passed 22nd March 1?34. 
 
 Whereas since thfe passing of the Act of the thirty first yedf 
 tif the Reigti of His late Majesty King George the Third, 
 intituled An Act for regulating Marriage and Divorce, and for 
 presenting and punishing Incest, Adultery, and Fornicatiofi, 
 an alteratibn in the constitution of His Majesty's Council of this 
 Province having taken place, by separating the Executive from 
 the Legislative Council, and thereby dividing them into two dis- 
 tinct bodies, it has become necessafy to make some further pro- 
 visions in respect to the constitution of the Court of Governor 
 and Council, constituted and appointed in and by the fifth Sec- 
 tion of the hereinbefpv« in part recited Act ; — 
 
 Be it therefore enacted, Ifc. — 1. From and after the passing 
 of this A«t, the members of the said Court of Governor and 
 Council, in and by the said fifth Section of the said hereinbefore 
 in part recited Act mentioned and constituted, shall consist of 
 the Lieutenant Governor or Commander in Chief of, and His 
 Majesty's' Executive Council for the said Province, for the time 
 
328 UNREPEALED ACTS. [6 W. 4, C 34 
 
 being, together with any one of the Judges of the Supreme 
 Court, or the Master of the Rolls of the said Province, to be 
 from time to time for that purpose appointed, as Vice President 
 of the same Court, which appoititment of such Vice President 
 to be made in manner as directed by the seventh Section of 
 the said hereinbefore in part recited Act, and such Vice Pre- 
 sident when so apfiointed shall have, hold, and exercise in the 
 absence of the said Lieutenant Governor, all the powers, privi- 
 leges, authority, and jurisdiction mentioned and declared in and 
 by the said seventh Section of the said hereinbefore in part 
 recited Act ; and the Lieutenant Governor or Commander 
 in Chief of the said Province for the time being, shall and is 
 hereby declared to be President of the said Court ; but the said 
 Vice President so to be appointed as aforesaid, and any two 
 members of His Majesty's Executive Council for the said Pro- 
 vince for the time being, shall and are hereby declared to be a 
 sufficient number of members at all times to constitute a Court 
 for the dispatch and determining of all matters or business 
 brought before the said Court that may bo within the jurisdic- 
 tion of the same. 
 
 2. The said Court of Governor and Council so constituted 
 as in and by this Act is directed, shall have all the powers, 
 authority, privileges, judicature, and jurisdiction that are given 
 to the Court of Governor and Council mentioned and consti- 
 tuted in and by the said hereinbefore in part recited Act ; and 
 all the provisions of the said hereinbefore in part recited Act, 
 so far as the same relate to the Court of Governor and Council 
 therein mentioned, and to all matters within the jurisdiction 
 thereof, shall also extend and be construed to extend and apiply 
 to the Court of Governor and Council in this Act mentioned 
 and constituted, except so far as the same are hereby altered 
 as to the constitution of the said Court. 
 
 6th William 4th — CHAPrfeR 34. 
 
 An Act for altering the Terms of holding the Court of the 
 Governor and Council for causes of Marriage and Divorce. 
 
 Section. Bection. 
 
 1. Repeal of Acts. S. Terms of the Coart. 
 
 Passed 8th March 1836. 
 
 Whereas it is expedient to alter the fixed and stated Terms 
 
10 V. C 38] UNREPEALED ACTS. 329 
 
 of holding the Court of the Governor and Council for causes 
 of Marriage and Divorce ; — 
 
 Be it enacted, &fc. — 1, The sixth Section of an Act made 
 and passed in the thirty first year of the Reign of King George 
 the Third, intituled An Act for regulating Marriage and 
 Divorce, and for preventing and punishing Incest, Adultery, 
 and Fornication, and also an Act made and passed in the forty 
 eighth year of the same Reign, for altering and amending the 
 said recited Act, be and the same are hereby repealed. 
 
 2. The fixed and stated Terms of holding the Court of the 
 Governor and Council for the purposes and causes mentioned 
 in the said recited Act of the thirty first year of the Reign of 
 King George the Third, shall be and commence on the second 
 Tuesday in February, the third Tuesday in June, and the 
 third Tuesday in October in each and every year, and shall 
 continue during the space of ten days. 
 
 10th Victoria — Chapter 38. 
 
 An Act for the further regulation of the Court of Governor 
 and Council in causes of Marriage and Divorce. 
 
 Section. Section. ' 
 
 1. Proceedings for contempL 2. Form of process in the CourL 
 
 Schedule. 
 
 Passed 7th March 1847. 
 
 Whereas it is expedient that certain regulations should be 
 made to expedite the proceedings in the Court of Governor 
 and Council in suits of Marriage and Divorce ; — 
 
 Be it therefore enacted, Ifc. — 1. In all causes which by the 
 Laws of this Province are cognizable in the Court of Governor 
 and Council for hearing causes of Marriage and Divorce, when 
 any person or persons having been duly cited to appear in such 
 Court, or required to comply with the lawful orders or decrees, 
 as well final as interlocutory, of such Court, shall neglect or 
 refuse to appear, or neglect or refuse to pay obedience to such 
 lawful orders or decrees, or when any person or persons shall 
 commit a contempt in the face of such Court, it shall be lawful 
 for the Court who issued out the citation, or whose lawful 
 orders or decrees have not been obeyed, or before whom stich 
 contempt shall have been committed, to pronounce such person 
 or persons in contempt,, and thereupon a Writ de contumace 
 
Wd UNREPEALED ACTS. [10 V. C 3§ 
 
 ca/piendo, in the form to this Act annexed, shall issue out of 
 the said Court, directed to any of the Sheriffs of the several 
 Counties in this Province within vrhose bailiwick the person 
 or persons so in contempt may be alleged to be, returnable on 
 the first day of the next Term of such Court, and tested thfe 
 last day of the preceding Term, or if issued in Term time, 
 returnable on any day in such Term to be directed by the said 
 Court, and tested the first day of the said Term ; and all 
 Sheriffs, gaolers, and other officers, are hereby authorized and 
 required to execute the same, by taking and detaining the 
 body of the person against whom the said Writ shall be directed 
 to be executed ; and upon the due appearing of the said party 
 so cited, and not having appeared as aforesaid, or the obedience 
 of the party so cited and not having obeyed as aforesaid, ov 
 the due submission of the party so having committed a contempt 
 in the face of the Court, the said Court shall pronounce such 
 party absolved from the contempt aforesaid, and shall forthwith 
 make an order on the Sheriff or other officer in whose custody 
 such party may be, for discharging such party out of custody; 
 and, such Sheriff or other officer shall, on the said order being 
 shewn to him, as soon as such party shall have discharged the 
 costs lawfully incurred by reason of such contempt, forthwith 
 discharge him. 
 
 2. The said Court shall have full power and authority from 
 time to lime to direct and declare the forms of process, and to 
 prescribe, modify, alter, and amend the practice and proceed- 
 ings to be observed in all matters of which the said Court now 
 has or hereafter may have cognizance and jurisdiction. 
 
 SCHEDULE. 
 
 iForm of PTrit De Contumace Capieiidd. 
 
 "Victoria, &c. 
 
 , To the Sheriff of Greeting : 
 
 Whereas is manifestly contumacious and contemns the 
 
 jurisdiction and authority; of the Court of Governor and Couth 
 cil for Marriage and Divorce [Afire state fiilly the non-appea/f- 
 anee, disobedience, or the contempt in the face of the Gourt, as 
 the case may bej You are hereby commanded to attach the 
 said by body until shall make satisfaction for the 
 
26 G. 3, C 20] UNREPEALED ACTS. 331 
 
 said contempt ; and bow you shall execute this precept, notily 
 unto the said Court on next, and in no wise omit this : 
 
 and have you there then this Writ. 
 
 Witness Lieutenant Governor (or Administrator of 
 
 the Government, as the case may be) in the said Province. 
 
 26th George 3rd — Chapter 20. 
 
 An Act for admitting Depositions de bene esse of Wit- 
 nesses aged, infirm, and otherwise unable to travel, and 
 of Witnesses departing from the Province. 
 
 Section. Section. 
 
 1. Wixen and how witness examined de 4. Exceptions to credit of, how reserved. 
 
 bene esse. ' " ' '5. Affirtnation, by whom. 
 
 2. What proof of notice. 6. What to be peijury. 
 
 3. Evidence viva voce, when- 
 ce it enacted, fyc. — 1. When it shall so happen that any of 
 
 the witnesses which shall be judged necessary to be produced 
 on the trial of any cause between party and party, shall be 
 infirm, aged, or otherwise unable to travel, or when any such 
 witness or evidence is obliged to leave the Province, it shall 
 and may be lawful for any one of the Judges of the Court 
 where the cause is to be tried, after declaration filed, on due 
 notice given to the adverse party to be present (if he sees fit) 
 to take the deposition of such infirm or aged person or persons 
 unable to travel, or who is obliged to leave the Province ; and 
 such depositions so taken and certified under the hand and 
 seal of the said Judge, and sealed up and directed to such 
 Court, shall be received as legal evidence in such cause, and 
 also, when the title to land shall be in question, in all future 
 causes between the same parties or persons holding under 
 them for the same land. 
 
 2. Provided that proof be miade on oath that due notice 
 was given to the adverse party of the time and place of taking 
 such depositions. 
 
 3. And provided nevertheless, that if such witnesses shall 
 at the time of the trial of the cause be in the Province, or able 
 to travel, th^ shall be required to give their testimony viva 
 voce at such trial, in the same manner as if such depositions 
 had not been taken. 
 
 4. Provided also, that all benefit of exceptions tO: the credit 
 
332 UNREPEALED ACTS. [60 G, 3, C 7 
 
 of such deponents shall be reserved in the same manner as on 
 producing witnesses for examination viva voce at the trial. 
 
 5, Every person of the profession of the people called Qua- 
 kers, who shall be required to take an oath as aforesaid, shall 
 instead of an oath be permitted to make his or her solemn 
 affirmation. 
 
 6. Every person who shall have made such oath or solemn 
 affirmation, and shall be convicted of wilfully, falsely, and 
 corruptly having sworn or affirmed any thing, shall incur the 
 same penalties as persons convicted of wilful and corrupt 
 perjury. 
 
 60th George 3rd^CHAPTER 7. 
 
 An Act to enable the Justices of the Supreme Court to 
 enlarge the time of the Sittings of the said Court, when 
 the same shall be expedient. 
 
 Section. Section. 
 
 I. When Sittings of Supreme Court maybe 2, Teste days of Writs unaltered, 
 adjourned. 
 
 Passed 20th March 1820, 
 
 Whereas it frequently happens that the established dura- 
 tion of the Terms of the Supreme Court is not sufficient for 
 the requisite trial of causes and the hearing of matters -depend- 
 ing in the said Court ; — 
 
 Be it enacted, Sfc. — 1. From and after the passing of this 
 Act, it shall and may be lawful for the Justices of the said 
 Court, if they shall deem the same to be expedient, to adjourn 
 the Sittings of the said Court to the week next succeeding the 
 said Terms respectively, and that all causes and matters beard 
 and determined on any day during the week next succeeding 
 the said Terms respectively, pursuant to such adjournment, 
 shall have the same and the like force and effect, to all intents 
 and purposes, as if such causes and matters had been heard 
 and determined at any time during the said Terms respec- 
 tively, and all parties concerned shall take due notice of such 
 adjournments, from time to time respectively, and govern 
 themselves accordingly ; subject always to such rules and regu- 
 lations as may by the Justices of the said Court from time to 
 time in that behalf be made and established ; provided that no 
 trials of any issues by jury shall be had at any such adjourned 
 
8 G. 4, C 2] UNREPEALED ACTS. 333 
 
 Sittings, any thing herein contained to the contrary notwith- 
 standing. 
 
 2. Provided also, the days of the teste and return of all 
 Writs in the said Court shall be and remain the same as here- 
 tofore established, any, thing in this Act to the contrary thereof 
 in any wise notwithstanding. 
 
 8th George 4th — Chapter 2. 
 
 An Act to prevent unnecessary delay and expense in pro- 
 ceedings against persons having privilege of the General 
 Assembly. 
 
 Section. Section. 
 
 1. Appearasce for Members of AssemBly. 2. Wliat privileges reserved. 
 
 Passed \9lh March 1827- 
 Whereas the mode of proceeding against persons having 
 privilege of the General Assembly by distringas, is extremely 
 dilatory and expensive; — 
 
 Be it enacted, Sfc, — 1, From and after the passing of this 
 Act, when any Summons shall be sued out against any Mem- 
 ber of His Majesty's Council, a Member of the House of As- 
 sembly, or other persons having privilege of the General As- 
 sembly, if the defendant or defendants shall not appear at the 
 return of the summons, or within twenty days after such re- 
 turn, in every such case it shall and may be lawful to and foir 
 the plaintiff or plaintiffs, upon affidavit being made and filed 
 in the proper Court, of the personal service of such summons, 
 to enter an appearance or appearances for the. defendant or 
 defendants, and to proceed thereon as if such defendant or 
 defendants had entered his or their appearance. 
 
 2. Provided nevertheless, that nothing in this Act contained, 
 shall extend or be construed to subject any person whatsoever, 
 entitled to the privilege of the General Assembly, to be ar- 
 rested, restrained, or imprisoned, during the term of such 
 privilege ; but that every such person shall continue to be exr 
 empt therefrom, in like manner as if this Act had not been 
 made. 
 
334 UNREPEALED ACTS. [2 W. 4, C 20 
 
 2nd William 4th — Chapter 20. 
 An Act to regulate the service of Writs of Scire Facias. 
 
 Section. Section, 
 1. What proce^inga abolished. 5. Effect of good service. 
 
 3. How directed and seryed. 6. Proceedings in other cases. 
 
 3. How served when defendant found, dec. 7. Repedl of Acts. 
 
 in Province, 8. Comine9cement of Act. 
 
 4. How, when not found, &c. therein. 
 
 Passed 9th March 1832. 
 
 Be it enacted, fyc. — 1. The proceeding by two nihils return- 
 ed, and also that of summoning by summoners on writs of scire 
 facias, shall be abolished. 
 
 2. Writs of scire facias may be directed to the Sheriff of any 
 County within the Province, whether or not it be the County 
 in which the Court sits, or in which the venue is laid, and may 
 be served in any County, although directed to the Sheriff of 
 another County. 
 
 3. When the defendant or defendants in writs of scire facias 
 can be found within the Province, or have a known place of 
 abode therein, such writs shall be served by delivering a copy 
 of the writ to each defendant, or leaving such copy at the 
 defendant's place of abode, with the wife, or an adult member 
 of the family, or a person having the care of the house of such 
 defendant ; which service shall be proved by affidavit made 
 and filed ; provided that in cases where the service is not per- 
 sonal, it shall not be deemed good service without the order of 
 the Court, or a Judge of the Court, from which the Writ has 
 issued, upon reading the affidavit of service. 
 
 4. When any defendant cannot be found within the Pro- 
 vince, and has not a known place of abode therein, writs of 
 scire facias may be served by delivering a copy of the writ to 
 any known agent of such defendant, or to any person having 
 charge of any property, real or personal, of such defendant, or 
 being jointly interested in any property, real or personal, of 
 such defendant, within the Province ; and such service shall 
 be deemed good service when so ordered by the Court, or a 
 Judge of the Court from which the writ has issued, upon affi- 
 davit of such service, and upon its being also made to appear 
 upon affidavit to the satisfaction of such Court or Judge that the 
 defendant cannot be found, and has no known place of abode 
 within the Province. 
 
 5. Good service of writs of scire facias, according to the 
 
5 W. 4. C 34] UNREPEALED ACTS. 335 
 
 provisions of this Act, shall in all cases he equivalent to a 
 return of scire feci by the Sheriff as heretofore practised. 
 
 6. When it shall be made to appear upon affidavit to the 
 satisfaction of the Court, or a Judge of the Court from which a 
 writ of scire facias may have issued, that such a writ cannot 
 be served in any of the modes hereinbefore specified for that 
 purpose, such Court or Judge shall, after the return and filing 
 of the writ, direct a rule to be entered requiring any defendant 
 as to whom such service cannot be made, to appear to such 
 writ within twenty days after the last publication of such rule 
 in one or more Newspapers published in such parts of the Pro- 
 vince as such Court or Judge shall direct ; and a copy of such 
 i-ule, certified by the Clerk of the Court, shall be published in 
 such Newspaper or Newspapers for four weeks successively ; and 
 if an appearance to the scire facias shall not be duly entered 
 for such defendant within the said twenty days, such proceed- 
 ings maybe had as in the case of default of appearance after due 
 service of the writ ; affidavit of the due publication of such 
 rule according to the tenor thereof being first made and filed. 
 
 7. The fourth Section of an Act made and passed in the 
 eighth year of the Reign of His Majesty King George the 
 Fourth, intituled An Act for the more easy assessment of 
 damages on Bonds 'payable hy instalments, and other similar 
 instruments, and for the more convenient service of Writs of scire 
 facias, be and the same is hereby repealed. 
 
 8. This Act shall comnrience and take efiect on the first day 
 of May in the present ye^r. 
 
 5th William 4th — Chapter 34. 
 
 An Act to facilitate the examination of Witnesses before 
 trial in the Supreme Court. 
 
 Section. Section. 
 
 1. Examination of, by wliom, how, and 5. What reportmay he made, and to whom. 
 
 where directed. 6. Costs, tu .whom given. 
 
 2. How attendance obtained, and proceed- 7. When examinahdna not allowed, how 
 
 ipgs. , ! returned. 
 
 ' 3. fr in custody, how brought up. 8. General rules. 
 
 i. Examination pf. 9. Biepe^l of Apjta. 
 
 Passed \1th March 1835. 
 Be it enmtedi &[c.y^l. That it shall be lawful for the Su- 
 preme Court,: and the several Judges thereof, in, any action 
 
336 UNREPEALED ACTS. [5 W. 4, C 34 
 
 depending in such Courti upon the application of any of the 
 parties 1o such suit, to order the examination on oath, upon 
 interrogatories or otherwise, before a Judge of the Court or 
 atiy other person or persons to be named in such order, of any 
 witnesses within this Province, or to ordfer a Commission to 
 issue under the Seal of the said Court, for the examination of 
 witnesses on oath at any place or places out of this Province, 
 by interrogatories or otherwise, arid by the same or any subse- 
 quent order or orders to give all such directions touching the 
 time, place, and manner of such examination, as well within 
 this Province as without, and all other matters and circum- 
 stances connected with such examinations as may appear rea- 
 sonable and just. 
 
 2. When any rule or order shall be made for the examina- 
 tion of witnesses within this Province by'authority of this Act» 
 it shall be lawful for the Court or any Judge thereof, in and by 
 the first riile or order to be niade in the matter, or any subse- 
 quent rule or order, to command the attendance of any person 
 to be named in such rule or order, for the purpose of being ex- 
 amined, or the production of any writings or other documents to 
 be mentioned in such rule or order, and to direct the attendance 
 of any such person to be at his own place of abode or elsewhere, 
 if necessary or convenient so to do; and the wilful disobedience 
 of any such rule or order shall be deemed a contempt of Court, 
 and proceedings may be thereupon had by attachment, (the 
 Judge's order being made a rule of Court before or at the time 
 of the application for an attachment) if, in addition to the ser- 
 vice of the rule or order, an appointment of the time and place 
 of attendance in obedience thereto, signed by the Judge or 
 person or persons appointed to take the examination, or by 
 one or more of such persons, shall be also served together with 
 or after the service of such rule or order ; provided always, 
 that the service of- every such rule, order, or appointment, 
 shall be by showing to the person whose attendance shall be 
 required the original paper under .the hand of the Judge or 
 person issuing the same, and by delivering to such person 
 a copy thereof, or a ticket containing the substance thereof; 
 and also that evfcry person whose attendance shall be so re- 
 quired shall be entitled to the like conduct money and payment 
 for expenses as upon attendance at a trial ; provided also, that 
 
5 W. 4, C 34] ONREPEALED ACTSi 337 
 
 no person shall be compelled to produce under any such rule or 
 order any writing or other document that he would not be 
 compellable to produce at a trial of the cause. 
 
 3. It shall be lawful for any Sheriff, gaoler, or other officer 
 having the custody of any prisoner, to take such prisoner for 
 examination under the authority of this Act, by virtue of a 
 writ of habeas corpus to be issued for that purpose ; which 
 writ shall and may be issued by the Court or Judge under such 
 circumstances and in such manner as such Court or Judge 
 may now by law issue the writ commonly called a writ of 
 halicas corpus ad testificandum. 
 
 4. It shall be lawful for all and every person authorized to 
 take the examination of witnesses by any rule, order, or 
 commission made or issued in pursuance of this Act, and he 
 and they are hereby authorized and required to take all such 
 examinations upon the oath of the witnesses, or affirmation in 
 cases where affirmation is allowed by law instead of oath, to be 
 administered by any person so authorized, or by the Judge of 
 such Court ; and if upon such oath or affirmation any person 
 making the same shall wilfully and corruptly give any false 
 evidence, every person so offending shall be deemed and taken 
 to be guilty of perjury, and shall and may be indicted and 
 prosecuted for such offence in the County wherein such evi- 
 dence shall be given, or in the County of York if the evidence 
 be given out of the Province. 
 
 5. It shall and may be lawful for any person or persons to 
 be named in any such rule or order as aforesaid for taking 
 any examination in pursuance thereof, and he and they are 
 hereby required to make, if need be, a special report to the 
 Court touching such examination, and the conduct or absence 
 of any witness or other person thereon or relating thereto ; and 
 the Court is hereby authorized to institute such proceedings, 
 and make such order and orders upon such report as justice 
 may require, and as may be instituted and made in any case 
 of contempt of the Court. 
 
 6. The costs of every rule or order to be made for the ex- 
 amination of witnesses under any commission or otherwise by 
 virtue of this Act, and of the proceedings thereupon, shall be 
 costs in the cause, unless otherwise directed either by the 
 Judge making such rule or order, or by the Judge before whom 
 the cause may be tried, or by the Court. 
 
 22 
 
338 UNR(EPEA)LEP ACTS. [& W. 4. C 3^ 
 
 7. No e;xaj?iination or deposition to fep ,ta|ien .by vir,twe of 
 this Act shall be read in evidence at apy t^-ial without the conr 
 sent of the party against whom the same may be offered, un- 
 less it shall appear to the satisfaction of tfa^ Jud^e on proof by 
 affidavit or viva voce, t,hat ija^ examinant or deponent jis ou^ 
 of the Province, or dead, or una,ble from sickness or other in- 
 j^rmity to attend the trial; in all or any of which cases the ex- 
 afninations and depositions certi£ed un^cr the hand of the 
 Judge, Coni^missioners, or other pei-sx;>n taking t^^ ^ame, shiall 
 and may without proof of th^ signature to such certificate b? 
 received and read in evidence, saving all just exceptions; pro- 
 vided always, that such examinations or depositions shall be 
 dosed up under the seal of the Judge, Commissioner, or other 
 person taking the same, and add|re,ssed toil^he Supreme Court, 
 and shall not be opened before th^ trial without the consent jof 
 the parties to the suit. 
 
 8. The Judges of the Supreme Court may from time to time 
 ^ake and establish such general rules and orders jelatipg to 
 the matters contained in this Act, the same being not repugr 
 nant to this Act, as to them may seem expedient. 
 
 9. An Act made and passed in the thirty first year of the 
 Reign of King George the Third, intituled An Apt to enable 
 the Justice^ of the Supreme Court to is/sm .Commissions for the 
 epcc^mining of Witnesses out of the Province, be and the same is 
 hereby repealed. 
 
 5th William 4th — Chapter 37. 
 
 An Act to provide for the more convenient administration 
 of Justice in the Sapreme Court. 
 
 Section. Section. 
 
 1. Trinity Term, wtiat. fl. Who to be Clerk at earae. 
 
 2. When extended. 9. Repealed. 
 
 3. Teste and return ^of Write. 10. Oii Poatea returned, what proceeding. 
 
 4. Issues in York, how trie^. 11. Judgments how entered, and Execution^ 
 
 5. Sittings in, when may be held. tewed. ' ' ' ' 
 
 6. Crimes in, how tried and punished. 12. Judgments when postponed, vaoatedi Ac. 
 
 7. Writs returned, and officers, &c. to 13. What rules Judges may make. 
 
 attend Sittings. ,14. WbeQ Act to tt£e jeSect 
 
 Passed i'Jth March 1835. 
 Whereas trials by Jury in Term time are found to b? 
 inconvenient, and to delay and {impede the matters pending 
 for argument in the said Court 5-^ 
 
5 W- 4, C 37] UNREPEALED ACTS. 339 
 
 Be it enacted, ^c. — 1. The Trinity Term of the said Court 
 shall commence on the second Tuesday in June in each and 
 every year, and continue unto and include the Saturday fol- 
 lowing. 
 
 2. Provided ajlways, that it shall and may be lawful for th« 
 Justices of the said Court, if th#y shall see fit, further to con- 
 tinue and extend the said Trinity Term hereinbefore estab- 
 lished unto the week next succeeding the same, in like manner 
 and subject to the same rules and provisions in all respects as 
 are contained in an Act made and passed in the sixtieth year 
 of the Reign of King George the Third, intituled An Act to 
 enable the Justices of ike Supreme Court to enlarge the time of 
 the Sittings of the said Court when the same shall be expedient, 
 with regard to the Terms of the said Court. 
 
 3. The second Saturday after the first Tuesday in each and 
 every Term of the said Supreme Court shall be a day for the 
 teste and return of all writs in the said Court. 
 
 4. The Chief Justice for the time being, or any Justice of 
 the said Supreme Court, may, at Sittings to be appointed inthe 
 manner hereinafter directed, try all mannerof issues joined or 
 to be joined in the said Court, triable by a Jury of the County 
 of York, without any Commission beiing expressly made for 
 that purpose ; and it shall be lawful for any person or persons 
 to take or sue forth writs and records of Nisi Prius for the trial 
 of the said issues in the said County of York, as they may do 
 upon any issue triable in any other Cotmty. 
 
 5. Such Sittings shall be held on such days and times, either 
 before or after the respective Terms of the said Court, as the 
 Justices of the said Court by rule or order made in Term time 
 may find it fit and expedient from time to time to direct and 
 appoint. 
 
 6. The said Chief Justice and Justices of the said Supreme 
 Court, or any one or more of them, at such Sittings as afore- 
 said, shall and may inquire of, hear, determine, and punish ali 
 and all manner of crimes and ofionces committed within the 
 said County of York, in like manner as the said Chief Justice 
 and Justices may and have been used to do at the Terms of the 
 said Court, without any Commission or Commissions of Oyer 
 and Terminer and Gaol Delivery being expressly made for that 
 purpose. 
 
340 UNREPEALED ACTS. [5W,.4, c37 
 
 7. The Sheriff of the saM County of York for the time being 
 shall make return of all writs and precepts to, him directed 
 returnable at such Sittings respectively ; and the said Sheriff, and 
 the Coroner and Coroners, Bailiffs, Constables, and all officers 
 and ministers of the law whatever within the said County- of 
 York for the time being, and aJso all jurors to be summoned, 
 and all parties and witnesses in the causes, criminal and civil, 
 to be heard and tried at such respective Sittings, shall give 
 their attendance at such respective Sittings, and shall be charged 
 and bound in such and the like manner, and upon like pains 
 and penalties, for non-appearance and non-attendance, or for 
 any misdemeanor or default at such Sittings, as if at the Terms 
 of the said Supreme Court. 
 
 8. The Cletk of the Crown in the Supreme Court shall be 
 Clerk of the Crown and also Nisi Prius Clerk at such Sittings 
 in the County of Yorky and shall be subject to all the duties 
 and entitled to all the rights, privileges, and emoluments of 
 these offices respectively. 
 
 9. Repealed by 12th Vic. cap. 39. See post, page 348, 
 
 10. In any action brought in the said Supreme Court in 
 ^ which a postea shall be returned either from the Sittings in the 
 ) County of York or from any Circuit Court in any other County, 
 'it shall be lawful for the Clerk of the Pleas, upon the produc- 
 tion of the postea signed in the margin by the officer who re- 
 turns the postea, to enter a rule for judgment on the postea, 
 
 / and to tax the costs and sign judgment, whereupon execution 
 / may be issued forthwith ; provided always, that it shall be 
 1 lawful for the Judge before whom such Sittings or Circuit 
 Court shall be held, in any case where justice may appear so 
 to require, either upon summons or not, according to the cir- 
 ' cumstances of the case, to order the returning of the postea and 
 the entry and signing of judgment to be stayed until the Court 
 shall make order in the matter at the next succeeding Term ; 
 ' and provided also, that no rule for judgment on the postea shall 
 ] be entered by the Clerk of the Pleas under this Act, until the 
 ' expiration of twenty days after the last day of the sitting of the 
 Court from which the postea is returned; and in order to ma- 
 nifest such last day of the sitting of such Court, the officer who 
 1 returns the postea shall set the same down in the margin of 
 the postea when he signs his name thereto. > 
 
SV. c5l] UNREPEALED ACTS. 841 
 
 11. Every judgment to be entered by virtue of this Act may 
 be entered upon record as the judgment of the Court, although 
 the Court may not be sitting on the day of the signing and 
 entry thereof ; and every execution issued by virtue of this Act 
 shall and may bear teste on the day of issuing thereof; and 
 such judgment and execution shall be as valid and effectual as 
 if the same had been signed, entered of record, and issued ac- 
 cording to the course of the common law. 
 
 12. Provided always, that it shall be lawful for the party 
 entitled to any judgment under this Act to postpone the sign- 
 ing thereof; and provided also, that notwithstanding any judg- 
 ment signed and entered of record, or execution issued by virtue 
 of this Act, it shall be lawful for the Court to order such judg- 
 ment to be vacated and execution to be stayed or set aside 
 and to enter an arrest of judgment, or grant a new trial, or a 
 new writ of inquiry, or a new assessment of damages or of the 
 amount to be recovered, as justice may appear to require; and 
 thereupon the party affected by such writ of execution shall be 
 restored to all that he may have lost thereby in such manner 
 as upon the reversal of a judgment by writ of error; or other- 
 wise as the Court may think fit to direct. 
 
 13. The Judges of the Supreme Court may from time to 
 time make and establish such rules and orders relating to the 
 matters contained in this Act, and also touching the award and 
 return of any Jury process for trials at Nisi Prius, the same being 
 not repugnant to this Act, as to them may seem expedient. 
 
 14. This Act shall commence and take effect on the first day 
 of January one thousand eight hundred and thirty six ; provi- 
 ded always, that the Judges of the Supreme Court may before 
 that time make any rules and orders authorized by this Act, 
 but not to go into operation before that day. 
 
 3rd Victoria — Chapter 51. 
 
 .4;n Act to declare the Law with regard to Commissions 
 for taking Afifidavits to be read in the Supreme Court. 
 
 Section. Bection. 
 
 1. What Commissions valid. 2. Limitation as to Counties. 
 
 Passed 2&th March 1840. 
 
 Whereas the Chief Justice and Justices of the Supreme 
 
342 UNREPEALED ACTS. [3 V. c 63 
 
 Court in this Province, under and by virtue of an Act of Pjar- 
 liament made and passed in the twenty ninth year of the Reign 
 of King; Charles the Second, intituled An Act for taking Affi- 
 davits in t]ie Country to be made use of in the Cotfrts of Kiri,gls 
 Bench, Common Pleas, and Exchequer, have been accustomed 
 by Commissions under the Seal of the said Court to empower 
 persons to take affidavits to be read in the said Court, and ip 
 many instances such Commissions hare been general and: not 
 confined to anyone County, and doubtf are entertained whether 
 such general Commissions are authorized by the said Act of 
 Parliament ', — 
 
 Be it declare'^ and enactfidi kc. — 1. All Commissions here- 
 tofore made by, the said Chief Justice and Justices, under and 
 by virtue of the said Act of Parjianaent, shall be good and 
 valid, inotwithstanding any such Comrnission be general and 
 nqt confined to any one County. 
 
 2. Hereafter it shall and may be la>vful for the sajd Chief 
 Justice or Justices to make and issue Commissions under the 
 said Act of Parliament, either with limitation to any one or 
 more Counties in the Province, or without any such limitation, 
 as to them in their discretion may seem meet. 
 
 3rd VtCTORiA — Chapter, 63. 
 
 An Act fui'ther to fegitlate prdceediHgs in Replevii}, by 
 allowing damages in certain cases to the defeudamt. 
 
 Sefctibri. ' " Section. 
 
 1. When Jury may fiiiddamages in repleiran. 4. Forms for bM^, &c.; by whom io be 
 
 2. Yalu^e of goods'when may be award,ed as presci^bed., ^ 
 
 '^1 ' damages. * _ ; ' S •' '. ''■ ' 3. V/ten Act id "qierate, arid effect df.' 
 
 3. For what obligors -in replevin bonds 
 
 liable: '■ ^"- ■''■ ' '"•'■ ^ 
 
 Passed 3lst March f840. , 
 
 Whereas great injustice is sometimes committed by the 
 wrongful replevin of goods and' chattels, in consequence of the 
 party from whose" possession such goods and chattels may be 
 taken by replevin not being entitled to recover damages where 
 a return may be awarded,; — 
 
 Be it enacted,' ^d — 1. If upon the trial of any issue respect- 
 ing the property in any action of replevin, or of any other 
 isgue which'i upon the same being found in his favour, will 
 entitle .the defendant to judgment for the return of the goods 
 
8 V. C 6i3i UNREPEALED ACTS. 343 
 
 And chattels rfeplevied, or any part thereof, the j^Try shall find 
 Such issue in fa\^dur of the defendant, such jury may, if they 
 shall thihk fit, give dEimagfes to the defeiid^nt ; and the defen- 
 dttiit niEty enter up his judgittent thereupon with such damages 
 and the costs of suit, and may issue exeestion for such damages 
 and costs in like manner as he n6w ttiSif for the costs of suit 
 only. 
 
 2. And whereas it tnay ofteti be df advantage to allovr the 
 goods and chattels which may be wrongfully replevied to be 
 valued by the jury at the trial of any such issue as aforesaid, 
 and such value to be a:w£lrded to the defepdant in damages ; — 
 In all cases where the property may not have been already 
 restored to the defendant, the jury on the trial of any such 
 issue as aforesaid may, at the instance apd request of the 
 defendant in whose favour such issue may be found, award to 
 such defendant the value of the goods and chattels in damages ; 
 and in such case it shall be so specifically stated in the render- 
 ing of their verdict ; and the defendant shall be thereupon 
 entitled to enter Up his judgiiient fot the I'eeovel-y of Such 
 damages, and to issue eiseciition thereupotl, instead of entering 
 lip jtidgnoent de retdtWd AtibeAdo as heretofore accustomed, 
 and upon the award of such value in damages arid judgment 
 thereupon, the defendant's right and interest iii such gtiods and 
 (ihattek shall become vested in the plaintiflT. 
 
 3. All obligors in replevin bonds to be made after this Act 
 takes effect, shall become liable and bound to the payment of 
 a:riy such damages as may be awarded to the defendant by 
 virtue of this Act. 
 
 4. The Justi<*s of the Supreme Cbiirt, or any three of thetn, 
 shall have povVer afid they are hereby authorized and required 
 atf any Tefrrt of the said Couft which may occur after the titfte 
 of passing" this Act, to frnnie and prescribe proper and suitable 
 fotiAs for the replevin' bonds hereaftter to be taken, and ftit 
 th^ eflt^ring of any verdict or judgmeiit pursuant to this Act, 
 A*liich shkll be published in the Royal 6ai!ette ; arid such forms 
 sMIl, from thle time of this Act taking effect, be 6bsei*ved attd 
 complied with in the same manner as if the same were in thi^ 
 Act specified dtid cotitained ; and'SUbh fbi'nig shall be applicable 
 tb the Iriferior Coiitt'bf Comnittii PleaS as Well als tlie Supt^ttiie 
 Court. 
 
344 UNREPEALED ACTS. [3"V. C 65 
 
 5. This Act shall commence and take effect on the first day 
 of January in the year of our Lord one thousand eight hundred 
 and forty one ; provided always, that in the mean time the 
 Justices of the Supreme Court may frame and prescribe the 
 forms mentioned in the fourth Section ; provided also, that 
 nothing in this Act contained shall extend or be construed to 
 extend to affect any proceedings in any action of replevin com- 
 menced before this Act goes into operation. 
 
 3rd yiCTORIA-^CHAPTER 65. 
 
 An Act to amend the Law of Evidence in regard to the 
 proof of Records and Letters Patent. 
 
 Section. , Section, 
 
 1 Parte of Records wlien exemplified, and 4. When copy of Plan may be annexed, 
 
 evidence. ' 5. Nova Scotia Grants, how copies to be 
 
 S. Record of Grants, when copy evidence. evidence. 
 
 3. When part thereof sufficient. 6. Costs of, how allowed. 
 
 Pasted 3\st Mfireh 1840, 
 Whereas unnecessary expense is frequently incurred in the 
 exemplification of Judgments in the Supreme Court ;-^ 
 
 Be it enacted, 8fc. — I. When parts only of Records or Rolls 
 of Judgments in the Supreme Court may be necessary to be 
 given in evidence, exemplifications of such parts which may 
 be so necessary may be received in evidence in any Court in 
 this Province, without requiring the whole of the Record or 
 Roll to be exemplified. 
 
 2, And whereas much expense is often incurred in procuring 
 exemplifications under the Great Seal of Grants of Land by 
 the Crown in this Province ; — A copy from the Record of any 
 such Grant in the Oflice of the Secretary and Register of the 
 Province, duly certified under the hand of such OflScer, as 
 having been examined by him with the Record, and found to 
 be correct, or duly proved by any witness who shall have 
 examined the same with the Record, shall be deemed and 
 taken to be as good and sufficient evidence of such Grant or 
 Letters Patent as an exemplification thereof under the Great 
 Seal. 
 
 3. In the proof of title from the Crown by an exemplifica- 
 tion under the Great Seal, or by a certified or an examined 
 copy as is hereinbefore provided, it shall not be necessary to 
 
8 V. C 65] UNREPEALED ACTS. 345 
 
 exemplify or copy the conditions contained in such Letters 
 Patent, on the part pf the grantees, their heirs and assigngj, 
 to be observed and performed, oi; any other clause in the said 
 Letters Patent which may not be pertinent or relevant to the 
 matter in question ; and that no such exemplification or copy 
 shall be rejected in evidence on account of the omission of such 
 clauses, provided such omission do not prejudice the opposite 
 party, or affect the merits in question. 
 
 4. Provided always, that when the said Letters Patent or 
 Grant refer to any Plat or Plan as annexed thereto, no exem- 
 plification or copy of, such Letters Patent or Grant shall be 
 received in evidence, unless there be annexed thereto a (rue 
 transcript or copy of such Plat or Plan, unless it be proved by 
 the certificate of the Secretary and Register, or otherwise to 
 the satisfaction of the Court at which the evidence may be 
 tendered, that there is no such Plat or Plan entered with the 
 said Grant or Letters Patent in the said Office of the Secre- 
 tary and Register. 
 
 5. Grants of Land heretofore made under the Great Seal of 
 Nova Scotia, prior to the erection and establishment of this 
 Province, and registered in the Office of the Secretary and 
 Register pursuant to an Act passed in the twenty sixth year 
 of the Reign of King George the Third, intitled An Act for 
 the registering of Letters Patent and Grants made under the 
 Great Seal of the Province of Nova Scotia, of Lands now situ- 
 ate within the limits of this Province, may be proved by certi- 
 fied or examined copies thereof, or of the material parts 
 thereof, in like manner as hereinbefore provided in respect to 
 Grants passed under the Great Seal of this Province. 
 
 6. The expense of any exemplification, or copy of any Roll, 
 Record, or Letters Patent, or any part thereof, or of any Plat 
 or Plan given in evidence by virtue of this Act, may be charged 
 and allowed in the taxation of costs in whole or in part by the 
 taxing ofiicer of the Court wherein the suit may be pending, 
 whose decision thereupon may be reviewed by the Court as in 
 ordinary cases. 
 
346 UNREPEALED ACTS. [10 V. fe 1 
 
 lOth Victoria — Chapter 1. 
 
 An Act to re-establish the Easter Term of Her Majest/s 
 Supreme Court: of Judicatttr^ in this Province. 
 
 Section. Section. 
 
 1. BastBr Term. 4. Teste, Aic; of Writs. ' > 
 
 2. Commencement and duration. 5. What Writs, &c. not to affect, and 
 
 3. How extended. Rules how argued. 
 
 Passed \2th March 1847. 
 Be it enacted, Sfc. — 1. From arid after the passing of this 
 Act, there shall be a Term in the Supreme Court in this I*ro- 
 vince, to be called and known as the Easter Terra, ahy law, 
 usage, or custom to the contrary not\Vithstanding. 
 
 2. The said Easter Term shall be held on the second Tue^. 
 day in April in each and every yearj dnd sha^ll continue untb 
 and include the Saturday following. 
 
 3. Provided alwayis, that it shall and may be lawful for thie, 
 Justices of the said Coiirt, if they see lit, further to continue 
 and extend th^ s&id Easter Term urito the week next succeed- 
 ing the same, in like manner and subject to the sariie rules and 
 provisoes in all respects, as are contained in an Act made and 
 passed in the sixtieth year of the Rfeign of liing George the 
 Third, intituled An Act to enable the Justices of the BtipriUe 
 Court to enlarge the time of the Sittings of the said Court, 
 when the same shall be expedient, with regard to the Terms ef 
 thfe said Court. 
 
 4. The second Saturday after the first Tuesday in the said 
 Easter Term established by this Act, shall be a day fof fhfe 
 te^te atid return of all Writs in the said Supreme Court. 
 
 5. Provided always, that ribthing herein contained shall fix- 
 tend or be tiohStrued to extend to aiFect any Writs, ProceSsefsf, 
 Executioris'j or Rules Nisi,- which may be returnable at the 
 next Trinity Term ; but tlikt the isame, and the proceedings 
 which m&f be had theteOri, shall be aS valid and effectual aS if 
 the Term hereby established had not intervened ; and that all 
 Rules granted at the last Term and returnable at the neit 
 Term, n^lay be argued arid disposiBd of at thfe siiid East«t 
 Term, in the discretion of the Judges of the said Court. 
 
12 V. C 39] UNREPEALED ACTS. 347 
 
 12th Victoria — Chapter 39. 
 
 An Act to consolidate and amend various Acts of Assem- 
 bly reliating to the further amendment of the Law. 
 
 Section. Section. 
 
 1. Repeal of Acts. 96. When defendants may require jury. 
 
 2, Abatement for non-joinder of defendant, 27. When interest allowedo.n debts. 
 
 • how pleaded. 28. Whenjaryririty give ddmkgeB as interest. 
 
 3^ JRecovery in new actions. 29. Where verdict, &c. suspended, by wliom 
 
 4. Plea of misnom^t, wh'eii not allowed; interest indy be allowed. 
 
 when allowed, what proceedings. 30. Form of judgment to be prescribed. 
 
 5. Amendment, how ordered. '' 31. What; arrears of rent executor may dis- 
 
 6. What proceedings if no order. tjr&iti, for- 
 
 7. Arbitration by Rule of Court, when not 39. When such arrears maybe distrained for. 
 
 revokedf ■ , . ^ . , , , 33. Wha,t actions respecting' real estate 
 
 8. Attendance on, &c. how enforceql. Exegutora may bring ; and for what 
 
 9. Oath of witness. , , , injuries to property liable, &c. 
 
 10. Fostea^on award, how returned. 34* Testatum Execption abolished; excep- 
 
 11^ o ail, for what amount taken, &c. ' > > tion as tQ bail. ' i ' 
 
 19. Non-bailable process, how to pnoceed. 35. After final judgment, when execution 
 
 13. Render- of defendant; ^ mt^ issue. . ' 
 
 14. liow, if in custody. 36. Sheriff levyjn^ under execution, what^, 
 
 15. How in Common Pleas. ■ rent to pay. ' 
 H6. Oorporations, how to proceed against. 37. C/ow-u rights preserved. 
 
 CA7. When plaintiff may enter appearance y ^8, Initial letters of name, how used in 
 
 for, &.C, 1 . affidavit, ^c. 
 
 IB. When Executors, &c. liable to costs. K39. Money paid into Court in what cases. 
 1,9. Costs of any defendant in nolle prosequi, 40. What deemed good notes. 
 
 &;c. 41. Particulars, demand of, same as Judge's 
 
 9p. .Same on Count or part of Declaration. order ; and further proceedings. 
 
 21. Costs on scire facias and demurrer. 43. Several pleas, no rule for necessary ; 
 
 22. Repealed. wh^t may be set aside. 
 ?3. Construction clause. 43. Special case, how stated, &c. 
 24, Assessment of damages, when and hoW; 44. Noii-bailabl^' writs, ho'^ servea. 
 
 made. 45. When answer of witness may bje com- 
 
 25; After judgmeiJ^ h6w to prdceed for fiTr- pHled. 
 
 ther breaches. t 46. Court, of Record, what to mean. 
 
 Passed liih Apnl 1849. 
 
 Whereas it is expedient that several Acts of Assembly re- 
 lating to the amendment of the Law should be amended and 
 consqiidated into one Act; — 
 
 Be it therefore enacted ^c, — 1. The several Acts and parts 
 of Acts hereinafter mentioned be and the same are hereby re- 
 pealed, (save as hereinafter otherwise is provided) that is to 
 say : — An Act made and passed in the twenty sixth year of the 
 E,€tign of Hiis Majesty King George the Third, intituled An 
 Act to prevent unnecessary expense in actions on the case on 
 judgment b^ default J also ati Act made and passed in the twenty 
 six^fi year of the same Reignj intituled An Act to prevent 
 frivolous and vexatious arrests ; also an Act made and passed 
 in the fourth year of the Reigii of Kin^ George the Fourth^ 
 intituled An Act to provide for thB surrender of the principal 
 in^ discharge of Bail in action's pending in the Stppremi Court 
 of Judicature of this Province ; also an Act made and passed 
 in the eighth year of the same Reign j intituled .;4w Act for the 
 
348 UNREPEALED ACTS. [12 V. C 39 
 
 more easy assessment of damages in actions on Bonds payable 
 hy instalments, ftnjl other sinitilar instruments, and for the/ mare 
 convenient service of Writs of scire facias ; also an Act made 
 and passed in the ninth and tenth years of the same Reigni 
 intituled An Act to prevent the failure of justice by reason of 
 variances between Records and Writings produced in evidence 
 in support thereof; also an Act made, and passed jn the same 
 years of the same Reign, intituled An Act to continue and amend 
 an Act, intituled "An Act to provide for the surrender of the 
 principal in discharge of Bail in actions pending in the 
 Supreme Court of Judicature in this Province;" also an Act 
 made and passed in the fifth year of the Reign of His late 
 Majesty William the Fourth, intituled An Act to make per- 
 petual the. Acts of the General Assembly relating to the surren- 
 der of the principal in discharge of Bail ; also the ninth 
 Section of an Act made and passed in the same year of the 
 same Reign, intituled An Act to provide for the more convenient 
 administration, of Justice in the Supreme Court; also the sixth 
 Section of an Act made and passed in the sixth year of the 
 same Reign, intituled An Act to prescribe certain general 
 regulations in respect to Corporations ; also an Act made and 
 passed in the seventh year of the same Reign, intituled An 
 Act for the amendment of the Law and the better advancement 
 of Justice ; also an Act made and passed in the first year of the 
 Reign of Her present Majesty, intituled An Act for the further 
 amendment of the Law ; also an Act made and passed in the 
 fourth year of the same Reign, intituled An Act in further 
 amendment of the Law ; also the first Section of ah Act made 
 and passed in the sixth year of the same Reign, intituled An 
 Act to amend the Law relating to the practice in the Inferior 
 Court of Common Pleas, and render the same uniform in the 
 several Counties ; also an Act made and passed in the tenth- 
 year of the same Reign, intituled An Act for the further 
 amendment of the Law and the better advancement of Justice ; 
 also an Act made and passed in the eleventh year of the same 
 Reign, intituled An Act in further amendment of the Law : 
 Provided always, that nothing in this Act contained shall 
 extend to repeal any of the said recited Acts so far as they or 
 any of them repeal any former Acts, or so far as respects any 
 act, matter, or thing heretofore done under and by Virtue of the 
 
12 V. C 39] UNREPKALED ACTS. 849 
 
 said recited Acts ; provided also, that any Rules of Court, or 
 regulations heretofore made under and by virtue of aiiy authority 
 given in and by the said recited Acts, shall be and still continue 
 valid, effectual, and applicable to the provisions of this Act, so 
 far as consistent with the same, until such rules or regulations 
 may from time to time be altered ; and provided also, that all 
 actions commenced in the said Courts under the provisions 6? 
 the said recited Acts, before the passing of this Act, may still 
 be proceeded with to their final termination, in the same man- 
 ner as if this Act had not been made and passed. 
 
 ABATEMENT. 
 
 2. No plea in abatement for the non-joinder of any person 
 as a co-defendant shall be allowed in any Court of Record in 
 this Province, unless it shall be stated in such plea that such 
 person is resident within the Province, and unless the place of 
 residence of such person shall be stated with convenient cer- 
 tainty in an affidavit verifying such plea. 
 
 -3. In all cases in which after such plea in abatement the 
 plaintiff shall, without having proceeded to trial up6n an issue 
 thereon, commence another action against the defendant in the 
 action in which such plea in abatement shall have been pleaded, 
 and the person named in such plea in abatement as joint con- 
 tractor, it shall appear by the pleadings in such subsequent 
 action, or on the evidence at the trial thereof, that all the 
 original defendants are liable, but that one or more of the per- 
 sons named in such plea in abatement, or any subsequent plea 
 in abatement, are not liable as a contracting party or parties, 
 the plaintiff shall nevertheless bfe entitled to judgment, or to a 
 verdict and judgment, as the case may be, against the other 
 defendant or defendants who shall appear to be liable ; and 
 every defendant who is not so liable shall have judgment, and 
 shall be entitled to his costs, as against the plaintiff, who shall 
 be allowed the same as costs in the cause against the defendant 
 or defendants who shall have so pleaded in abatement the non- 
 joinder of such person ; provided that any such defendant who 
 shall have so pleaded in abatement shall be at liberty on the 
 trial to adduce evidence of the liability of the defendants named 
 by bim in such plea in abatement. 
 
 4. No plea in abatement, for a misnomer shall be allowed in 
 any personal action; but that in all cases in which a misnomer 
 
350 UNREPEALED ACTS. [12 V. C 39 
 
 is by law pleadable in abatement in such actions, the defendant 
 shall be at liberty to cause the declaration to be amended, at 
 the cost of the plaintiff, by inserting the right name, uport a 
 Judge's summons, founded on an affidavit of the right name, 
 and in case such summons shall be discharged the cost of such 
 application shall be paid by the party applying, if the Judge 
 shall think fit. 
 
 AMENDMENT. 
 
 5. And whereas great expense is often incurred, and delay 
 or failure of justice takes place at trials by reason of variances 
 as to some particular or particulars between the proof and the 
 record, or setting forth on the record or document on which the 
 trial is had, of writings, contracts, customs, prescriptions, 
 names, and other matters or circumstances not material to the 
 merits of t^he case, and by the mis-statement of which the op- 
 posite party cannot have been prejudiced: And whereas it is 
 expedient to allow amendments, as hereinafter mentioned, to 
 be made on the trial of the cause ; — It shall be lawful for any 
 Court of Record in this Province, or any Judge thereof, on 
 the trial of the cause, if such Court or Judge shall see fit so to 
 do, to cause the record, writ, or document on which any trial 
 may be pending before any such Court or Judge in any civil 
 action, or in any information in the nature of a qUo warranto 
 or proceeding on a mandamus in the Supreme Court, when 
 any variance shall appear between the proof and the recital or 
 setting forth on the record, writ, or document on which the trial 
 is proceeding, of any writing, contract, custom, prescription, 
 name, or other matter, in any paiticular or particulars, in the 
 judgment of such Court or Judge not material to the merits of 
 tbe case, and by which the opposite party cannot have been 
 prejudiced in the conduct of'his action, prosecution, or defence, 
 to be forthwith amended by some officer of the Court or other- 
 wise, both in the part of the pleadings where such variance 
 occurs, and in every other part of the pleadings which it may 
 become necessary to amend, on such terms as to payment of 
 costs to the other party, or postponing the trial to be had before 
 the same or another jury, or both payment of costs and post- 
 ponement, as such Court or Judge shall think reasonable ; and 
 in case such variance shall be in some particular or particulars, 
 in the judgment of such Court or Judge, not material to the 
 
18 V. C 393 UNREPEALED ACTS. 351 
 
 iserits of the case, but such as that the opposite party may 
 have been prejudiced thereby in the conduct of his action, 
 prosecution, or defence, then such Court or Judge shall have 
 power to cause the same to be amended, upon payment of 
 cost to the other party, and withdrawing the record or post- 
 poning the trial as aforesaid, as such Court or Judge shajl 
 think reasonable ; and after any such amendment the trial 
 ahall proceed, in case the same shall be proceeded with, in the 
 same manner in all respects, both with respect to the liability 
 of witnesses to be indicted for perjury and otherwise, as if no 
 such variance had appeared ; and in case such trial shall be 
 had at Nisi Prius, the order &r the amendment shall be 
 endorsed on the postea or the writ, as the case may be, and 
 returned together with the record or writ, and thereupon such 
 papers, rblls, and other records as it may be necessary to amend, 
 shall be amended accordingly ; provided that it shall be lawful 
 for any pai'ty who is dissatisfied with the decision of any Judge 
 of the Supreme Court at Nisi Prius, respecting his allowance 
 of any such amendment, to apply to the Court in banc for a 
 new trial upon that ground ; and in case such Court shall think 
 such amendment improper, a new trial shall be granted accord- 
 ingly, on such terms as the Court shall think fit, or the Court 
 shall make such other order as to them may seem meet. 
 
 6. The said Court or Judge shall and may, if they or he 
 think fit, in all such cases of variance, instead of causing the 
 record or document to be amended as aforesaid, direct the 
 jury to find the fact or facts according to the evidence, and 
 thjcriQupon such finding shall be stated on such record or docu- 
 ment, and notwithstanding the finding on the issue joined, the 
 said Court, or the Court from which the record has issued, 
 shall, if they shall think the said variance immaterial to the 
 merits of the case, and the mis-statements such as could not 
 have prejudiced the opposite party in the conduct of the action 
 or defence, give judgment according to the very right and jus:? 
 tice of the case. 
 
 ARBITRATION. 
 
 7. And whereas it is expedient to render references to arbi- 
 tration in actions depending in the Supreme Court moreefiTec- 
 tual ; — The power and authority of any arbitrator or arbitrators 
 appointed by or in pursuance of any Rule of Court or Order of. 
 
 \ 
 
852 UNREPKALED ACTS. [12 V. C 39 
 
 Nisi Prius, in any action now brought or which shall be here- 
 after broughtin the said Supreme Court, shall not be revocable 
 by any party to such reference without the leave of the Court 
 or by leave of a Judge, upon good cause shewn therefor, and 
 the arbitrator or arbitrators shall and may, and are hereby re- 
 quired to proceed with the reference, notwithstanding any such 
 revocation, and to make such award, although the person mak- 
 ing such revocation shall not afterwards attend the reference. 
 
 8. When any reference shall have been made by any such 
 rule or order as aforesaid, it shall be lawful for the Supreme 
 Court, or for any Judge thereof, by rule or order to be made 
 for that purpose, to command the attendance and examination 
 of any person to be named, or the production of any documents 
 to be mentioned in such rule or order, and the disobedience to 
 any such rule or order shall be deemed a contempt of Court, if in 
 addition to the service of such rule, or order, an apointment of 
 the time and place of attendance in obedience thereto, signed 
 by one at least of the arbitrators before whom the attendance 
 is required, shall also be served either together with or after 
 the service of such rule or order ; provided always, that every 
 person whose attendance shall be so required, shall be entitled 
 to the like conduct money and payment of expenses as for and 
 upon attendance at any trial ; provided also, that no person 
 shall be compelled to produce under any such rule or order any 
 writing or other document that he would not be compelled to 
 produce at a trial, or to attend at more than two consecutive 
 days to be named in such order. 
 
 9; When in any rule or order of reference it shall be ordered 
 or agreed that the witnesses upon such reference shall be ex- 
 amined upon oath, it shall be lawful for the arbitrators, or any 
 one of them, and he or they are hereby authorized and re- 
 quired to administer an oath to such witnesses, or to take their 
 affirmation in cases where affirmation is allowed by law instead 
 of an oath ; and if upon such oath or affirmation any person 
 making the same shall wilfully and corruptly give any false 
 evidence, every person so offending shall be deemed and taken 
 to be guilty of perjury, and shall be prosecuted accordingly. 
 
 10. In any case in which a reference to arbitration shall be 
 made at Nisi frius, and it shall be ordered that the award of 
 the arbitrators shall be returned on the postea as a verdict of 
 
12 V. C 39] UNREPEALED ACTS. 353 
 
 a jury, and the award shall be filed with the officer who re- 
 turns the postea, after the last day of the sitting of the Court, 
 such officer shall set down on the margin thereof the day on 
 which such award shall be so filed with him, instead of the last 
 day of the sitting of the Court; and no rule for judgment on 
 the pogtea shall be entered until the expiration of twenty days 
 after the day so set down ; and any Judge of the said Court in 
 any such case in which justice may appear so to require, may 
 either upon summons or not, according to the circumstances 
 of the case, order the returning of the postea and the entry 
 and signing of judgment to be stayed until the Court shall make 
 order in the matter at the next succeeding Term. 
 
 BAIL. 
 
 11. No person shall be held to special bail upon any process 
 issuing out of any Court of Record in this Province where the 
 cause of action shall not amount to upwards of five pounds, 
 and affidavit thereof made and filed as heretofore accustomed ; 
 which affidavit may be made before any Judge of the Court 
 out of which the process may issue, or before any Commis- 
 sioner appointed to take affidavits to be read in the Supreme 
 Court, or the oflSicer who issues such process or his deputy, 
 and in cases where the plaintifi" shall reside out of the Province 
 in any of Her Majesty's Plantations or Provinces, before any 
 Judge of the Supreme or Superior Court in such Plantation or 
 Province ; and the sum or sums specified in such affidavit shall 
 be endorsed on the back of the writ or process, for which sum 
 or sums so endorsed, the Sheriff or other ofiicer to whom such 
 writ or process shall be directed, shall take bail, and for no 
 more. 
 
 12. In all suits wherein the writ or process shall not be so 
 endorsed for bail, the defendant shall not be arrested, but shall 
 be served with a copy of the process within the jurisdiction of 
 the Court issuing such process, in manner heretofore accus- 
 tomed ; and if such defendant shall not appear or file common 
 bail at the return of such writ, or within twenty days after such 
 return, it shall be lawful for the plaintiff, upon affidavit of the 
 due service of such writ or process, as hereinafter directed, to 
 enter a common appearance or file common bail for the de- 
 fendant, and to proceed thereon as if such defendant had en- 
 tered his appearance or filed common bail. 
 
 23 
 
354 UNREPEALED ACTS. [12 V. t S9 
 
 13. A defendant who shall have been held to bail upon any 
 mesne process issued out of the Supreme Court in this Pro- 
 vince, may be rendered in discharge of his bailj to the common 
 gaol of any Cotinty in which be may be, and the render to 
 such County gaol shall be effected in manner following, that is 
 to say: The defendant, or his bail, or one of thefti, shall for 
 the purpose of such render obtain an order of a Judge of the 
 said Court, and shall lodge such order with the gaoler of such 
 gaol to which the render may be made, and a notice in writing, 
 of the lodgment of such order, and of the defendant's being 
 actuaiUy in custody of such gaoler by virtue of such order, 
 signed by the defendant, or the bail, or either of them, or by 
 the Attorney of either of them, shall be delivered to the plain- 
 tifTa Attorney, and the Sheriff of such County shall, on such 
 render so perfected, be duly charged with the custody of such 
 defendfint, and the said bail shall be thereupon wholly exon- 
 erated from liability as such; provided always, tha:t in any 
 County in which there may not be a Judge of the said Court 
 at thie time of any render so to be made, an order for such 
 rendeB may be obtained from any Commissioner for taking 
 bail iii such Court for such County, which order such Commis- 
 sioner is hereby authorized in such case to grant. 
 
 14. A defendant who shall hereafter be in custody of any 
 Sheriff by virtue of any legal projiess, may be rendered in dis- 
 charge of his bail in any action depending in the said Supreme 
 Court, in the manner hereinbefore provided for a render in 
 discharge of bail, and such Sheriff shall on such render be duly 
 charged with the custody of such defendant, and the said bail 
 shall be thereupon wholly exonerated from liability as such. 
 
 15. The provisions hereinbefore contained in respect to ren- 
 dering defendants in discharge of t^pir bail, shall extend and 
 apply to the several Inferior Courts of Common Pleas in this 
 Province, with regard to actions depending in those Courts 
 respectively, and any Judge of any such Inferior Court of 
 Common Pleas, or any Commissioner for taking special bail in 
 such Courts, may make an order for the render of any defen<- 
 dant held to bail upon any mesne process issued out of the Court 
 of which he is a Judge or Commissioner, to the gaol of the 
 County for which such Court sits, and such and the likie pro- 
 ceedings shall be had therefiipon as is hereinbefore provided in 
 regard to actions depending in the Supreme Court. 
 
12 V. C 39] UNREPEALED ACTS. 355 
 
 CORPORATIONS. 
 
 16. The proceeding by original against any Corporation 
 shall be abolished, and the first process in every action to be 
 brought against any Corporation shall be by Writ of Summons 
 according to the form, or to the eflliBct following, that is to say: 
 
 "Victoria, ss. To the Sheriff of Greeting: 
 
 " We command-you that you summon [Aere insert the name 
 of 'Corporation] that they be before, &c., to answer A. B. of a 
 plea, [^e. as the case may 6e,] and have then there this Writ. 
 Witness, &.c." 
 
 And every suCh Writ of Summons may be served on the Mayor, 
 President, or other head officer, or on the Secretary, Clerk, 
 Treasurer, or Cashier of such Corporation ; and in the case of 
 a Foreign Corporation, or of any body politic or corporate, 
 not being established or incorporated within this Province, and 
 which may enter into any contract or engagement, or transact 
 any business therein by their known or accredited agent or 
 officer, every such Writ or Summons may be served on such 
 accredited agent or officer, or on the person who at the time 
 of such service may be the accredited agent or officer of such 
 Corporation, or body politic or corporate, within this Province; 
 and such service shall have the like effect in every respect as 
 the service of such Summons on the officers of any Corporation, 
 as is hereinbefore provided^ 
 
 17. If any Corporation should not cause an appearance to 
 be entered at the return of such Writ of Summons or within 
 twenty days after such return, in every such case it shall and 
 may be lawful for the plaintiff in the action, upon affidavit 
 being made and filed in the proper Court, of the due service 
 of such Writ, to enter an appearance for such Corporation, and 
 to proceed thereupon in like manner as in personal actions 
 against individuals. 
 
 costs. 
 
 18. In every action brought by any executor or administra- 
 tor in right of the testator or intestate, such executor or 
 administrator shall, unless the Court in which such action, is 
 brought shall otherwise order, be liable to pay costs to the 
 defendant in case of being non-suited or u verdict passing 
 against the plaintiff, and in all other cases in which he would 
 be liable if such plaintiff were suing in his own right upon a 
 
356 UNREPEALED ACTS. [12 V. C 39 
 
 cause of action accruing to himself, and the defendant shall 
 have judgment for such' costs and they shall be recovered in 
 like manner. 
 
 19. Where several persons shall be made defendants in any 
 personal action, and any one or more of them shall have a 
 nolle prosequi entered as to him, or upon the trial of such 
 action shall have a verdict pass for h-im or them, every such 
 person shalt have judgment for and recover bis reasonable 
 costs, unless in the case of a trial the Judge before whom such 
 cause shallbe tried shall certify upon the record, under his 
 band, that there was a reasonable cause for making such per- 
 son a defendant in such action. 
 
 20. Where any nolle prosequi shall have been entered upon 
 any count, or as to part of any declaration, the defendant shall 
 be entitled to and have judgment for and recover bis reasona- 
 ble costs in that behalf. 
 
 31. In all Writs of scire facias the plaintiff obtaining 
 judgment on an award of execution shall recover his costs of 
 suit upon a judgment by default, as well as upon a judgment 
 after a plea pleaded, or demurrer joined, and that where 
 judgment shall be given either for or against the plaintiff, or 
 for or against a defendant upon a demurrer joined in any 
 action whatever, the party in whose favour such judgmetil 
 shall be given shall also have judgment to recover his costs in 
 that behalf. 
 
 22. Repealed by I2th Vic. cap. 41, sec. 2?. 
 
 CONSTRUCTION CLAUSE. 
 
 23. In any Act of the General Assembly of this Provinc* 
 which may have been passed during or since the first year of 
 Her present Majesty's Reign, or which may be passed at the 
 present or any future Session, the word " person" shall extend 
 to a body politic or corporate, as well as to an individual ; and 
 every word importing the singular number only shall extend 
 and be applied to several persons or thin^ as well as one 
 person or thing ; and every word importing the plural num- 
 ber shall extend and be applied to one person or thing as weM 
 as to several persons or things ; and every word importing the 
 masculine gender only, shall extend and be applied to a female 
 as well as to a male ; provided always, that those words and 
 expressions occurring in this clause to which more than one 
 
12 V. C 39] UNREPEALED ACTS. • 357 
 
 meaning is to be attached, shall not have the different mean- 
 ings given to them by this clause in those cases in which there 
 may be any thing in the subject or context repugnant to such 
 construction, and in which such construction could not reason- 
 ably be supposed to have been intended. 
 
 DAMAGES. 
 
 24. In all actions in any of Her Majesty's Courtsof Record in 
 this Province on the case upon promises, action of debt, action 
 upon any bond conditioned for the payment of money by instal- 
 ments, or for the performance of agreements or awards where 
 such agreements or awards are expressed only for the pay- 
 ment of any sum or sums of money, and in all actions for any 
 penal sums for not performing any covenants or agreements in 
 indenture, deed, or writing contained, where such covenants or 
 agreements are only for the payment of money, actions of 
 covenant for the payment of any certain sum or sums of 
 money, in which judgment shall be given for the plaintiff upon 
 demurrer or by confession, or by nihil dicit, damages may 
 be assessed, or the truth of all breaches assigned or suggested 
 on the record may be inquired of, and the damages thereupon 
 assessed by the Court in Term time, or by some Judge of the 
 Court wherein the action is brought in vacation, without the 
 intervention of a jury ; provided always, that nothing herein 
 contained shall extend to actions on bonds conditioned for the 
 payment of a single sum of money not payable by instalments ; 
 and upon the production of such assessment, signed by any 
 such Judge, it shall be lawful for the Clerk of the Court to tax 
 the costs and sign judgment, whereupon execution may issue 
 forthwith ; provided always, that no such assessment, or inquiry 
 and assessment shall be made in vacation until the expiration 
 of twenty days after the day on which judgment on demurrer, 
 or confession, or nihil dicit shall have been entered ; provided 
 also, that the defendant in any such action may upon due 
 application therefor, have such assessment, or inquiry and 
 assessment made by a jury, and that the Judge who may be 
 applied to in vacation to make such inquiry and assessment, 
 shall have power to order the same to be made by a jury in 
 the usual manner, when the same may appear proper or expe- 
 dient. 
 
 25. Provided always, that in each case such judgment shall, 
 
358 ' UNREPEALED ACTS. [12 V. C 39 
 
 as now accustomed, remain, continue, and be asa further secu- 
 rity td answer to the plaintiff, and his executors or administra,- 
 tors, such damages as shall or rtiay be sustained for further 
 breach of any condition or covenant in the bond, indenture, 
 deed, or writing contained, upon which the plaintiff may have 
 a scire facias upon the said judgment against the defendant, or 
 against hi^ heirs, terretenants, or his executors or administra- 
 tors, suggesting such other breach or breaches, and to summon 
 him or them respectively to shew cause why execution shall 
 not be had or awarded upon the said judgment, an^d if no 
 appearance be entered by the defendant upon such scire facias, 
 the Courts in which such actions have been brought are respec- 
 tively authorized and empowered to assess such further dama- 
 ges and to award execution for such damages, together with 
 the costs and charges of such^proceedings, in manner as here- 
 inbefore directed, and so in case of any further breaches a 
 further assignment or suggestion may be made, and the like 
 proceedings may be had as hereinbefore directed. 
 
 26. Provided nevertheless, that nothing in this Act contained 
 shall extend or be construed to prevent the defendant from 
 having a jury summoned to assess the damages upon the 
 breaches assigned, in the manner heretofore accustomed, pro- 
 vided he give notice to the plaintiff of such wish or intention 
 within ten days after judgment is signed in th^ action, or such 
 scire facias served ; and provided also, that the Court in which 
 such action is brought shall have full power to order and direct 
 the damages to be assessed by a jury in any case where the 
 same may appear proper or expedient, and to award execution 
 thereupon. 
 
 27. Upon all debts or sums certain, payable at a certain 
 time, or otherwise, the jury on the trial of any issue, or on 
 any inquisition of damages, or the Court or Judge upon aBy 
 assessment of damages, may, if they shall think fit, allow 
 ifitferest'tO the creditor at a rate not exceeding the current rate 
 of interest, from the time when such debts or sums certain were 
 payabl^j if such debts or sums be payable by virtue of some 
 written instrument, at a certain time, or if payable otherwise, 
 then from the time when demand of payment shall have been 
 made in writing, so as such demand shall give notice td the 
 debtor that interest will be claimed from the date of such 
 
12 V. C 39] UNREPEALED ACTS. 359 
 
 demand until the time of payment, provided that interest shall 
 be payable in all cases in which it is now payable by law. 
 
 28. The jury on the trial of any issue, or on any inquisition 
 of damages, may, if they shall think fit, give damages in the 
 nature of interest, over and above the value of the goods at the 
 time of the conversion or seizure, in all actions of trover oi' 
 trespass de bonis asportatis, and over and above the money 
 recoverable in allactions on policies of assurance. 
 
 29. In all cases where any verdict or assessment of any 
 debt or damages may be given or made for any party in any 
 suit in any such Courts in which interest is or may have been 
 included, under the provisions of this Act or otherwise, and 
 the final judgment of ihe Court thereupon may have been 
 delayed by the opposite party, either by a rule nisi, demurrer, 
 or otherwise, it shall be lawful for such Court in its discretion, 
 when such verdict or assessment is sustained, to allow interest 
 thereupon at a rate not exceeding six per cent, per annum 
 from the time of such verdict or assessment until the rendering 
 of final judgrnent therefor. , 
 
 30. Any of the said Courts may, by general rule, prescribe 
 the form of entry of judgment and execution in cases where 
 such further interest may be so allowed. 
 
 EXECUTORS., 
 
 31. It shall be lawful for the executors or administrators of 
 any lessor or landlord to distrain upon the lands demised for 
 any term, or at will, for the arrearages of rent due to such 
 lessor or landlord in his lifetime, in like manner as such lesso-r 
 or landlord might have done in his lifetime. 
 
 32. Such arrearages may, be distrained for/after the end or 
 determination of such term or lease at will, in the same manner 
 as if such term or lease had not been ended or determined, 
 provided that such distress be made within the space of siy 
 calendar months after the determination of such term or lease, 
 and during the continuance of the possession of the tenant from 
 whom such arreairs became due ; provided also, that all and 
 every the powers and provisions in the several Acts of Assembly 
 made relating to distresses for rent shall be applicable to thiS 
 distresses so made as aforesaid. 
 
 33. An action of trespass, or trespass on the case, as the case 
 may be, may be maintained by the executors or administrators 
 
360 UNREPEALED ACTS. [12 V. C 39 
 
 of any person deceased, for any injury to the real estate of such 
 person committed in his lifetime, for which an action might 
 hare been maintained by such person, so as such injury shall 
 have been committed within six calendar months before the 
 death of such deceased person, and provided such action shall 
 be brought within one year after the death of such person, and 
 the damages when recovered shall be part of the personal 
 estate of such person ; and further, that an action of trespass, 
 or trespass on the case, as the case may be, may be maintained 
 against the executor or administrator of any person deceased, 
 for any wrong committed by him in his lifetime to another in 
 respect of his property, real or personal, so as such injury shall 
 have been committed within six calendar months before such 
 person's death, and so as such action shall be brought within 
 six calendar months after such executor or administrator shall 
 have taken upon himself the administration of the estate and 
 effects of such person, and the damages to be recovered in such 
 action shall be payable in like order of administration as the 
 simple contract debts of such person. 
 
 EXECUTION. 
 
 34. Whereas the practice in the Supreme Court of requiring 
 an execution, issuing on any judgment in such Court in the first 
 instance, to be directed to the Sheriff or other ofEcer in the 
 County where the Venue is laid, (excepting in proceedings to 
 fix bail) and also the practice of requiring a testatum clause in 
 any execfltion, are considered useless and unnecessary ; — Any 
 such execution may upon any jugdment obtained after the 
 passing of this Act, be in the same form and issued in the first 
 instance as if the venue bad been laid in the County where 
 such execution is directed to be executed, and that the omis- 
 sion of the usual testatum clause in any such execution shall 
 no longer be considered an irregularity, provided that nothing 
 in this Act contained shall be construed to affect the ordinary 
 proceedings to fix bail. 
 
 35. And whereas it is expedient to enlarge the time within 
 which an execution maybe issued on any final judgment obtained 
 in any Court of Record in this Province ; — Execution on any 
 such judgment may be issued at any time within the period of 
 five years from the time of signing such judgment ; and for the 
 purpose of preventing the necessity of any scire facias to revive 
 
12 V. C 39] UNREPEALED ACTS. 361 
 
 such judgment, the issue of such execution within such period 
 shall be deemed as regular and effectual as if the same had 
 been issued within a year and a day from the time of signing 
 such judgment. 
 
 36. No goods or chattels whatsoever lying or being in or 
 upon any messuage, lands, or tenements which are or shall be 
 leased for life or lives, term of years, or at will, or other- 
 wise, shall be liable to be taken by virtue of any execution on 
 any pretence whatsoever, unless the party at whose suit the 
 said execution is sued out, shall, before the removal of such 
 goods from off the said premises by virtue of such executiofl, 
 pay to the landlord of the said premises, or his bailiff, all such 
 sum or sums of money as are or shall be due for rent for the 
 said premises, at the time of the taking of such goods or 
 chattels by virtue of such execution, provided that the said 
 arrears do not amount to more than one year's rent; and in 
 case the said arrears shall exceed one year's rent, then thp 
 said party at whose suit such execution is sued out, paying the 
 said landlord or his bailiff one year's rent, may proceed to 
 execute his judgment as he might heretofore have done ; and 
 the Sheriff or other officer to whom such execution may have 
 been delivered to be executed, is hereby empowered and 
 required in such case to levy and pay to the party at whose 
 suit the said execution is sued out, as well the money so paid 
 •for rent as the money directed to be levied on such execution. 
 
 37. Provided always, that nothing in the aforegoing Section 
 contained shall be construed to extend to hinder or prejudice 
 Her Majesty, Her Heirs, or Successors, in levying, recovering, 
 or seizing any debts, fines, penalties, or forfeitures due or pay- 
 able to Her Majesty, Her Heirs, or Successors, but that it 
 shall and may be lawful for Her Majesty, Her Heirs, and 
 Successors, to levy, recover, and seize such debts, fines, penal- 
 ties, or forfeitures, in the same manner as if this Act had not 
 been passed. 
 
 INITIALS. 
 
 38. In all actions upon bills of exchange or promissory notes, 
 or other written instruments, any of the parties to which are 
 designated by the initial letter or letters, or some contraction 
 of the christian or first name or names, it shall be sufficient in 
 every affidavit to hold to bail, and in the process or declara- 
 
362 UNREPEALED ACTS. [12 V. C 39 
 
 tion, to designate such persons by the same initial letter or 
 letters, or contraction of the christian or first name or names, 
 instead of stating the phristian or first name or names in full. 
 
 MONEY PAID INTO COURT. 
 
 39. It shall and may be lawful for the defendant in all per- 
 sonal actions pending or to be brought in any Court of Record 
 in this Province, (except actions for assault and battery, false 
 imprisonment, libel, slander, malicious arrest or prosecution, 
 criminal conversation, or debauchery of the plaintiflT's daughter 
 or servant,) by leave of the Court, or a Judge of the Court in 
 which the action is brought, to pay into the said Court a sum 
 of money by way of compensation or amends, in such manner 
 and under such regulations as to the payment of costs and the 
 form of pleading, as the Supreme Court shall, by any rule or 
 orders by them to be from time to time made, order and 
 direct. 
 
 NOTES. 
 
 40. All notes in writing, payable in specific articles, whether 
 for a sum certain or otherwise, shall be deemed and held prima 
 facie to import that they were given for a valuable considera- 
 tion, in like manner as promissory notes for the payment of 
 money. 
 
 PARTICULARS. 
 
 41. And whereas it is considered expedient that a demand 
 of particulars in writing, duly served on the opposite party or 
 his Attorney, should have the like effect as a Judge's order for 
 the same ; — In all actions brought or hereafter to be brought 
 in any Court of Record in this Province, wherein by law par- 
 ticulars may now be required, a demand in writing duly served 
 on the opposite party or his Attorney, shall from the time of 
 such service have the like effect as a Judge's order, that is to 
 say, where served on the plaintiff or his Attorney, such demand 
 of particulars shall operate as a stay of proceedings until the 
 same be given, and where served on the defendant or his 
 Attorney shall, unless the particulars of set off be given within 
 six days after service of the demand, preclude the defendant 
 from giving evidence of his set off on the trial of the cause ; 
 provided that where either party may be dissatisfied with the 
 particulars given in pursuance of such demand, an order of a 
 Judge may be obtained for further particulars as in ordinary 
 
12 v. C 39] UNREPEALED ACTS. 363 
 
 cases ; and provided also, that either party may obtain tlie 
 order of a Judge of the Court in which the action may be, to 
 set aside such demand, or to enlarge the time for giving the 
 particulars, or for such other order in regard to such demand 
 or particulars as the justice of the case may require. 
 
 SEVERAL MATTERS. 
 
 42. Whereasthe practice of requiring a Rule of Court to be 
 taken out for pleading several matters in any cause brought 
 in any Court of Record in this Province, is found inconvenient, 
 and may be abolished, leaving to the Court or any Judge the 
 power to set aside any improper or inconsistent pleas as here- 
 tofore accustomed ; — In all cases where by the law or practice 
 of the Court a party may be authorized or required to take 
 out a rule to plead several matters, such party may plead 
 such several matters without actually obtaining such rule ; and 
 the leave of the Court to plead such several matters, agreeably 
 to the directions of the Statute in such case made and provided, 
 shall always be presumed to have been given ; provided that 
 any pleas may be set aside by the Court or Judge, either on 
 the ground of inconsistency, or any other grounds, (except for 
 not taking out such rule) where by law or the practice of the 
 Court pleas can now be set aside. 
 
 SPECIAL CASE. 
 
 43. It shall be lawful for the" parties in any action or infor- 
 mation depending in the Supreme Court, after issue joined, by 
 ponsent, and by order of any Judge of the said Court, to state 
 the facts of the case, in the form of a special case, for the 
 opinion of the Court, and to agree that a judgment shall be 
 entered for the plaintiff or defendant by confession, or of nolle 
 prosequi, immediately after the decision of the case, or other- 
 wise, as the Court may think fit, and judgment shall be entered 
 accordingly. 
 
 WRITS, SERVICE OF. 
 
 44. The service of any non-bailable writ or process issued 
 out of any Court of Record in this Provihce may be made by 
 the defendant being personally served with a true copy of the 
 process within the jurisdiction of the Court issuing such process, 
 and affidavit thereof duly made as heretofore accustomed, or 
 in case the defendant has a known place of abode within the 
 jurisdiction of the Court from which such writ or process may 
 
364 UNREPEALED ACTS. [12 V. C 40 
 
 have issued and shall then be within the same, such writ or 
 process may be served at the usual place of abode of such 
 defendant, by delivering a copy of the writ or process with any 
 requisite notice to the wife of such defendant, or to an adult 
 person residing in the house, being a member or inmate of the 
 family of such defendant ; provided that such last mentioned 
 service shall not be deemed a good service without the order 
 of the Court out of which the writ or process issued, or a Judge 
 thereof, upon affidavit shewing to the satisfaction of such 
 Court or Judge the circumstances of such service, and that the 
 place where the writ or process was served was at the time of 
 such service the usual place of abode of such defendant. 
 
 WITNESSES. 
 
 45. And whereas it is expedient to declare the law with 
 respect to witnesses refusing to answer questions which may 
 tend to subject them to civil suits ; — A witness cannot by law 
 refuse to answer a question relevant to the matter in issue, 
 the answering of which has no tendency to accuse himself or 
 to expose him to penalty or forfeiture of any nature whatso- 
 ever, by reason only or on the sole ground that the answering 
 of such question may establish or tend to establish that he owes 
 a debt, or is otherwise subject to a civil suit either at the 
 instance of Her Majesty or of any other person or persons. 
 
 46. Throughout this Act, in the construction thereof, (except 
 there be something in the subject or context inconsistent with 
 or repugnant to such construction) the words or expression 
 "any Court of Record," shall extend to and mean the Supreme 
 
 'Court, any Inferior Court of Common Pleas, and the Mayor's 
 Court in and for the City and County of Saint John. 
 
 12th Victoria — Chapter 40. 
 
 Au Act to consolidate and amend the several Acts of 
 Assembly relating to Summary Actions. 
 
 Section. ' Section. 
 
 I. Repeal of Acts. 8. Judgment how entered, and execution 
 
 ; 2. Summary proceedingj in what cases tested. 
 
 3^ Mode of proceeding. 9. Duty of Clerk as to judgments. 
 
 4. Same as to demurrer, judgment thereon, 10. Privilege of Attorney abolished. 
 
 ic, 11. Venue, how to be stated, Ac., and cause 
 
 5. For what, party may be held to bail. tried. 
 
 6. General issue, what evidence under, &c. IS. How judgment, See. to affect lands. 
 
 7. Damages, how assessed, 13. Removal not allowed. 
 
12 V. C 40] UNREPEALED ACTS. 365 
 
 Section. Section. 
 
 14. Kules, &c. how mqde. Ordinary prac- 17. Fees. 
 
 tice to remain tin altered. 18. Costs where suit not sammary ; when- 
 1.5. What authority necessary to commence wrongly brought. 
 
 action. 19. Fees for service of Writs, who alone 
 16. Court of Kecordj what shall mean^ entitled. 
 
 Passed Mth April 1849. 
 
 Whereas it is considered expedient that the several Acts 
 of Assembly relating to Summary Actions, both in the Supreme 
 and Inferior Courts of Common Pleas, should be arranged 
 and consolidated into one Act; — ' 
 
 Be it therefore enacted, Sfc. — 1. The several Acts and parts 
 of Acts hereinafter mentioned shall be and the same are hereby 
 repealed, (save as hereinafter otherwise is provided^ that is to 
 say : T^he fifth, sixth, seventh, and eighth Sections of an Act 
 made and passed in the thirty fifth year of the Reign of His 
 Majesty King George the Third, intituled An Act to regulate 
 the Terms of the Sittings of the Inferior Courts of Common 
 Pleas in this Province, and to enlarge the jurisdiction of the 
 same, and for the summary trials of certain actions ; also an 
 Act made and passed in the forty second year of the same 
 Reign, intituled An Act in addition to an Act to regulate the 
 Terms of the Sittings of the Inferior Courts of Common Pleas 
 in this Province, and to enlarge the jurisdiction of the same, 
 and for the summary trial of actions ; also an Act made and 
 passed in the fourth year of the Reign of His late Majesty 
 William the Fourth, intituled An Act to establish and regulate 
 a Summary Practice in the Supreme Court; also an Act made 
 and passed in the fifth year of the same Reign, intituled An 
 Act to amend the haw relating to a Summary Practice in the 
 Supreme Court; also an Act made and passed in the sixth 
 year of the same Reign, intituled An Act to amend the Law 
 relating to the Summary Practice in the Inferior Courts of 
 Common Pleas; also the second and subsequent Sections of an 
 Act made and passed in the sixth year of the Reign of Her 
 present Majesty, intituled An Act to amend the Law relating 
 to the practice in the Inferior Court of Common Pleas, andf 
 render the same uniform in the several Counties : Provided 
 always, that nothing in this Act contained shall extend to repeal 
 any of the said recited Acts, so far as they or any of them vepekl 
 any former Acts ; provided also, that any rules of Court or 
 regulations heretofore made, under and by virtue of any autho- 
 
366 UNREPEALED ACTS. [12 V. C 40 
 
 rity given in and by the said recited Acts, shall be and still 
 continue valid and applicable to the provisions of this Act, So 
 far as consistent with the same, until such rules and regula:tions 
 may be altered ; and provided also, that all actions commenced 
 before the passing of this Act may still be proceeded with to 
 their final termination, in the same manner as if this Act had 
 not been made and passed. 
 
 2. The several Courts of Record in this Province are hereby 
 empowered in all actions of debt, covenant, assumpsit, trover, 
 and conversion and trespass to personal property, instituted in 
 any of the said Courts, the sum total whereof shall not exceed 
 twenty pounds, to proceed in a summary way, by the exami- 
 nation of witnesses in open Court, or other liegal evidence, to 
 try the merits of such causes, wherein no dilatory plea shall be 
 admitted, and to determine thereon according to law or equity, 
 and enter up judgment accordingly, unless such cause shall be 
 put to issue by a jury, in which case such causes shall be tried 
 according to the rules and practice of said Courts respectively, 
 as in other cases, and the finding of the jury in such cases 
 shall be final. 
 
 3. In the said causes the bill of complaint or declaration 
 shall be inserted in the writ, a copy of which, with a copy of 
 the particulars of the plaintiff's demand, in cases where the 
 defendant is entitled to the same, shall be served on the defen- 
 dant, who shall,. at the Term to which the writ is returnable, 
 or within thirty days after, put in bail or enter his appearance 
 in the said action, and if he ititend to defend the same, file the 
 general issue, and give a copy thereof to the plaintiff or his 
 Attorney ; and the said cause shall be tried and determined 
 by the jury according to tRe rules and practice of the Court 
 made or to be made for such purpose ; and in case the defen- 
 dant shall fail to enter his appearance and plead within the 
 time aforesaid, then judgment may be entered by default 
 in the said cause without any rule to plead ; or if the cause be 
 bailable, and the defendant should fail to enter special bail 
 within the said term of thirty days, then the plaintiff may 
 proceed against the Sheriff or on the bail bond, as in ordi- 
 nary cases ; provided always, that thte Court, or a Judge 
 thereof, may let in the defendant to appear and defend, or give 
 relief to the Sheriff or bail, in like manner and upon such terms 
 
12 v. C 40] UNREPEALED ACTS. ' 367 
 
 as in actions not summary by the practice of the said Court 
 may be done, after interlocutory judgment or proceedings had 
 against the Sheriff or on the bail bond. 
 
 4. In such summary actions the defendant may file a demur- 
 rer to the writ, in lieu of the general issue, and give a copy 
 thereof to the plaintiff or his Attorney, which demurrer shall 
 be in a brief and summary form, and notice in writing of the 
 ground thereof shall be given to the plaintiff or his Attorney at 
 the same time with such copy ; and upon such demurrer, the 
 Court shall give judgment according as the very right of the 
 case shall require, without regarding any imperfection, defect, 
 or want of form in the writ ; and if judgment be given for the 
 plaintiff, the Court may proceed to- assess the amount to be 
 recovered, in like manner as in the case of judgment by default, 
 and no arrest of judgment shall be allowed in such summary 
 actions. - 
 
 5. No defendant shall be held to bail in any such summary 
 action unless the plaintiff's cause of action shall amount to 
 upwards of five pounds, and affidavit thereof be made and filed 
 as heretofore accustomed. 
 
 6. In such summary actions any matters in bar to the action 
 which in actions not summary ought to be pleaded specially, 
 may be given in evidence under the general issue, provided 
 that notice in writing of such matters be given to the plaintiff 
 or his Attorney at the same time with the plea ; and infancy or 
 coverture of the defendant shall not in any summary action be 
 given in evidence unless notice thereof be given. 
 
 7. After the expiration of twenty days after the day on 
 which any such judgment by default shall be, entered, the 
 damages or the amount to be recovered, may be assessed by 
 a Judge of the CoUrt in term or vacation ; and upon the pro- 
 duction of stich assessment, signed by such Judge, it shall be 
 lawful for the Clerk of such Court to tax the costs and sign 
 judgment, whereupon execution may issue forthwith ; provided 
 that the defendant in any such action may, upon due applica- 
 tion therefor, have such inquiry and assessment made by a 
 jury, and that the; Judge who may be applied to in vacation to 
 make such inquiry or assessment §hall have power to order 
 the same to be made by a jury, in like manner as is now the 
 law and practice in cases before the Court in Term ; and pro- 
 
368 UNREPEALED ACTS. [12 V. C 40 
 
 vided also, that a true copy of the taxed bill of costs shall be 
 filed with the judgment papers in all summary actions, for, 
 which a fee of one shilling shall be allowed and no more ; and 
 no execution shall issue on any judgment hereafter to be 
 entered, unless such bill of costs shall be so filed. 
 
 8. Every judgment to be entered by virtue of this Act, may 
 be entered as the judgment of the Court, although the Court 
 may not be sitting on the day of entry and signing thereof; 
 and every execution issued by virtue of this Act on any judg- 
 ment taken in vacation, shall and may bear teste on the day 
 of the issuing thereof, (if issued before the next Term after 
 judgment was so signed) and such judgment and execution 
 shall be as valid and effectual as if the same had been entered 
 of record, signed, and issued in the ordinary course. 
 
 9. The Clerk of the said Court shall keep a Book in which 
 shall be entered a memorandum of every final judgment so 
 given, whether by default, or tried or determined in a sum- 
 mary way, under the provisions of this Act, a copy of which 
 said judgment, certified by the Clerk, under the Seal of the_ 
 Court, shall be evidence of such judgment in all Courts in this 
 Province. 
 
 10. No Attorney at Law shall have any privilege in any 
 such summary actions, but may be proceeded against in all 
 respects the same as any other person, and may in like maur 
 ner be held to bail. 
 
 11. The venue in all summary actions within the meaning 
 of this Act, instituted in the Supreme Court, shall be set 
 forth in the margin of the writ, subject to be changed by 
 rule or order of such Court according to the ordinary practice 
 thereof; and if any cause in which the venue shall be laid or 
 changed in or to any other County than the County of York, 
 shall be defended and put to a jury as aforesaid, the same shall 
 be tried at Nisi Prius in the County in or to which the venue 
 is laid or changed, in such manner and form as the said 
 Supreme Court by general rule or order shall prescribe and 
 direct. 
 
 12. No judgment in summary actions shall affect or bind 
 lands ; nevertheless, in summary actions brought in the 
 Supreme Court, lands may be taken in execution, and sold 
 under the like regulations as in other cases. 
 
12 V, C 40] UNREPEALED ACTS. 369 
 
 13. No defendant shall remove any such action into the 
 Supreme Court by habeas corpus or certiorari. 
 
 14. The Supreme Court may establish such general rules 
 and regulations in regard to summary actions, to be observed 
 as well in thd Supreme Court as in the several Inferior Courts, 
 not repugnant to this Act, as they from time to time consider 
 necessary ; provided that the ordinary practice of the said 
 Courts respectively shall regulate the proceedings in such 
 actions in matters not herein or by some general rule or regu- 
 lation of the Supreme Court specially provided for. 
 
 15. No Attorney shall commence any action in any Court 
 in this Province, either by himself oi* his agent, unless first 
 having been authorized in writing by the plaintiff or his agent. 
 
 16. Throughout this Act, in the construction thereof, (except 
 there be something in the subject or context inconsistent with 
 or repugnant to such construction) the words or expression 
 *'Courts of Record," shall extend to and mean the Supreme 
 Court, any Inferior Cour,t of Common Pleas, and the Mayor's 
 Court in and for the City and County of Saint John. 
 
 17. The Fees attending the prosecution and defence of sum- 
 mary actions shall be as follows : — 
 
 For the Judges of the Court. 
 On entry of the cause, - - . . . £Q 2 
 On final judgment after judgment by default or 
 confession, (including assessment of damages, 
 if any,) 2 6 
 
 For the Clerk. 
 Signing, sealing, and- filing every writ. 
 Filing every paper not otherwise provided for, 
 On entry of cause, including filing writ and return. 
 On interlocutory judgment and for certificate of 
 
 same, if required, -- - - -OlO 
 Entry of final judgment, whether after default, 
 
 confession, demurrer, or trial, - - _ 
 Taxing costs, --_--._ 
 
 For the Attorney. 
 
 Writ, Declaration, (includingparticulars, if any) - 
 
 Each copy, ----,,_ 
 
 If bailable, for affidavit and oath, - - . 
 
 (No copy of Writ to be served on or taxed for bail.) 
 
 24 
 
 
 
 1 6 
 
 
 
 6 
 
 
 
 1 
 
 
 
 2 
 
 
 
 
 
 1 
 
 
 
 
 
 11 
 
 8 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 
 
£0 
 
 3 
 
 
 
 
 
 2 
 
 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 1 
 
 
 
 
 
 5 
 
 
 
 
 
 2 
 
 9 
 
 370 UNREPEALED ACTS. [12 V. C 40 
 
 Alias or pluries writ, &c., - - - - - 
 
 Each copy, - - - 
 
 Entry docket on filing the writ, and entry of cause 
 after service, ------ 
 
 Interlocutory judgment, - - - 
 
 fCopy of bill of costs, to file, - . _ - 
 
 All other proceedings after interlocutory to final 
 judgment, ------- 
 
 Every execution, ------ 
 
 [No execution to be taxed or allowed in bills of 
 costs, but to be endorsed on execution and 
 levied for with debt and costs, being 5s., 
 made up thus : — 
 
 Attorney, - - -£029 
 
 Clerk, signing, sealing, and 
 
 filing, - - - 1 6 
 Sheriff on return, - - 9 
 
 5 0} 
 
 And when the suit is defended, all further proceedings by 
 the plaintiff after appearance, and also the costs of defence by 
 the defendant, shall be for the Justices, Clerk, and Attorneys 
 respectively, the same as are now allowed and taxable by law 
 in actions not summary in the Inferior Court of Common Pleas 
 for like services ; provided that no fees shall be allowed for 
 making up a record, or for a venire, or any other service not 
 actually performed. 
 
 For the Counsel. 
 On every cause entered for trial, and for every argument 
 before the Court in Term, a fee of not less than eleven shil- 
 lings and eight pence, nor more than two guineas, as the pre- 
 siding Judge may determine ; provided that iio Counsel fee 
 sha.ll be taxed for any argument, except in such cases as the 
 Supreme Court can by law tax for similar services. 
 
 For the Sheriff, Constable, Crier, or Witness. 
 The same as in actions not summary in the Court where the 
 action is brought. 
 
 18. If the plaintiff proceed according to the ordinary practice 
 of the Court, in any cas6 in which by the provisions of this Act 
 the proceedings ought to be summary, or when the true debt 
 or damages to be recovered shall not exceed twenty pounds. 
 
13 V. C 32] UNREPEALED ACTS. 371 
 
 although the actual amount of judgment entered may be for a 
 penalty, or on confession, for a larger sum than twenty pounds, 
 with a condition or agreement for the payment of a lower sum, 
 not exceeding twenty pounds, he shall not be entitled in any 
 such case to more costs than if he had proceeded in a summary 
 manner, unless he obtain the order of the Court, orof a Jodge 
 of the Court in which the judgment is obtained, for the larger 
 costs, upon good cause shewn therefor. 
 
 19. No fees for the execution or service of writs in summary 
 actions, shall in any case be taxable or allowed in the costs, 
 unless such writ shall have been served by the Sheriff or his 
 Deputy, or in cases where the Sheriff is a party, by the Coroner. 
 
 Example of Bill of Costs to be taxed under this Act, on a 
 judgment by default. 
 A. B. vs. C. D, 
 Writ, -..:.... 
 
 Copy of writ, - - - - ,- 
 Clerk, signing and sealing, - _ . _ 
 
 Judge on entry and return of writ after service, - 
 Clerk on entry of cause and filing writ and return 
 after service, --____ 
 Attorney on entry as aforesaid, - - - - 
 Attorney on interlocutory judgment, - - - 
 Clerk on certificate of same. 
 Attorney, for copy of bill of costs filied, 
 Judge on assessment of damages and final judg- 
 ment, ---_.._ 
 Clerk, on taxing costs, . - 
 Clerk, on final judgment, - - - 
 Attorney, on proceeding to final judgment, - 
 
 £1 liB 2 
 
 Sheriff's fees to be added ; also, if a bailable cause, 2s. for 
 affidavit and oath. 
 
 £0 11 
 
 8 
 
 2 
 
 6 
 
 1 
 
 6 
 
 2 
 
 
 
 1 
 
 
 
 2 
 
 6 
 
 2 
 
 6 
 
 1 
 
 
 
 1 
 
 
 
 2 
 
 6 
 
 1 
 
 
 
 2 
 
 
 
 5 
 
 
 
 13th Victoria — Chapter 32. 
 An Act in further amendment of the Law. 
 
 Section. Section. 
 1. What Section of what Act repealed, and 4. Notice, in what form. 
 
 mode of pleading. 5. Verdict how taken, and costs 'when 
 
 is. What notice to be given nnder plea, and payable. 
 
 what evidence. Exception. 6. On assessment of 'damages, what Costa 
 
 3, Notice, when amended. for Courts, &o. 
 
372 UNREPEALED ACTS,. [13 V. C 32 
 
 Passed 26th April 1850. 
 
 \Vhereas the practice of pleading several matters of defence 
 to the same cause of action, frequently leads to great delay 
 and expense, and tends more to defeat than to advance the 
 cause of justice; — 
 
 Be it therefore enacted, Sfc. — 1. The fourth Section of 
 an Act of Parliament made and passed in the fourth year of i 
 the Reign of Her Maje.sty Queen Anne, intituled An Act for 
 the amendment of the Law, and the better advancement of 
 Justice, which has hitherto been considered in force in this 
 Province, be and the same is hereby declared to be repealed 
 and of no force or effect within this Province, any usage or 
 practice to the contrary notwithstanding; provided always, 
 that the defendant in any action or suit brought against 
 him as an executor or administrator, or the plaintiff or de- 
 fendant in any action of replevin in any Court of Record in 
 this Province, may plead as many matters thereto as he shall 
 think necessary to his defence, in the same manner and sub- 
 ject to the same provisoes, costs, and certificates, as if this 
 Act had not been made and passed. 
 
 2. The defendant in any action in any Court of Record in 
 this Province, (except actions of replevin, or where he is sued 
 as executor or administrator) may, in addition to any matte[r 
 which may be by him pleaded in bar to such action, and put 
 to issue for trial by a jury, give in evidence on the trial thereof 
 any other matter of defence whatsoever ; provided that notice 
 of such other matter be given in writing to the plaintiff or his 
 Attorney, at the time of the delivery of the plea, (which notice 
 may be proved on the trial to have been delivered either ore 
 tenus, or by affidavit of the person delivering the same) ; and 
 provided also, that any such other matter of defence may, with- 
 out any previous notice thereof, be met on the trial by evidence 
 of any matter which might have been pleaded thereto by way 
 of replicatioii, in case such other matter had been pleaded, and 
 so toties quoties by either party. 
 
 3. Thq defendant may be allowed either by the Court or 
 any Judge thereof wherein the action is brought, to amend or 
 add to such notice in like manner and upon the same terms as 
 defendants can now by the practice of the Court be allowed to 
 add or amend pleas. 
 
13 V. C 33] UNREPEALED ACTS. 373 
 
 4. The notice of any such other matter of defence shall be 
 in a general and brief form, and shall be deemed sufficient 
 unless the plaintiff shall make it appear to the Court or Judge 
 before whom the trial is had, that he has been misled by the 
 defect or generality of such notice. 
 
 5. And whereas the insertion of several counts in the decla- 
 ration for the same subject matter of complaint, often tends to 
 unnecessary prolixity and expense ; — ^Where there is more 
 than one count in the plaintiff's declaration, and he fails to 
 establish a distinct subject matter of complaint in respect to 
 each count, a verdict and judgment may at the instance of the 
 defendant pass against the plaintiff upon each count which he 
 shall have so failed to establish, and he shall also be liable to 
 the defendant for the reasonable costs occasioned by such 
 count, including those of the evidence, pleading, and notices 
 relating to such couht, unless the Judge before whom the trial 
 is had shall certify that there was a reasonable cause for the 
 insertion of such count. 
 
 6. In action brought on any note, bill of exchange, bonrl, or 
 other writing, where damages may be assessed by the Court 
 or a Judge, after judgment on demurrer, or by default, costs 
 only shall be allowed the plaintiff for one count in the declara- 
 tioTi, or in case there be several causes of action in the same 
 declaration, on such counts as the damages may be assessed 
 upon, unless the Court or Judge making the assessment shall 
 certify that there was a reasonable cause for the insertion of 
 other counts. 
 
 13th Victoria — Chapter 33. 
 
 An Act to remove doubts as to the abbreviation of the 
 names of parties and persons in proceedings at Law or 
 in Equity. 
 
 Section. Section. 
 
 1, Names of pardes, how designated in 3. Fleainabatement^when and how allowed 
 
 legal proceedings. for misnomer, &c., and further pro- 
 
 ceedings. 
 
 Passed 2&h April 1850. 
 
 Whereas it has been the almost invariable practice in this 
 
 Province, instead of setting out the whole christian or first 
 
 name or names of any of the parties in suits at law or in equity, , 
 
374. UNREPEALED ACTS. [13 V. C 33: 
 
 tp designate such persons by one christian or first name, and 
 using initial letters, contractions, or abbreviations for any 
 other christian or first name such persons may have ; which 
 practice has, without the least disadvantage, tended to shorten 
 proceedings : And whereas dpubts have lately arisen whether 
 such mode of proceeding is regular, and whether it is not 
 necessary to set out the whole christian or first names at 
 length ; for removal whereof, — 
 
 Be it declared and enacted, Sfc. — 1. It shall not be neces- 
 sary in any process, pleading, affidavit^ or other proceeding 
 Ayhatsoever, in any Court of Law or Equity in this Province, 
 to designate any. of the parties or any other person whose 
 name may be introduced' into any such proceeding, by any 
 other than one christian or first name, being a name commonly 
 used by such person himself or herself, or by which he or she 
 may generally have been known or called, and to insert itiitial 
 letters, or usual contractions, or abbreviations for any other 
 christian or first name, where such person may have more 
 than one; and no process, pleading, affidavit, or other pro- 
 ceeding whatsoever shall be vacated, annulled, set aside, or 
 be demurred to, or otherwise affected, or treated as nuga- 
 tory, defective, or irregular, by reason of the insertion of initial 
 letters, or other usual contractions or abbreviations of christian 
 or first names, where one christian or first name commonly 
 uged by the person, or by^ which he or she may be generally, 
 called or known, is set out at length ; provided always, that 
 nothing herein contained shall extend or be construed to apply 
 to the insertion of names in the recital or setting forth of any 
 deed or paper where it is necessary, or it is purported to 
 recite or set out such deed or paper in Aoec verba ; and pro- 
 vided alsp, that nothing herein contained shall extend or be 
 construed to limit or control the operation of the thirty eighth 
 Section of an Act passed in the twelfth year of Her Majesty's 
 Reign, intituled An Act to consolidate and amend various 
 Acts of Assembly: relating to the further amendm£nt of the 
 Law. 
 
 2. No plea in abatement for misnomer for not setting out at 
 length, the right christian or first name of dny defendant where 
 one such name is set out, and another or others designated by 
 initial letters) contractions, or abbreviations, shall be allowed 
 
13 V. C 37] UNREPEALED ACTS. 375 
 
 or fikd, unless the same is accompanied by an affidavit of such 
 defendant, that he or she doth not commonly use and is not 
 generally known by that name, but by some other and which 
 of- the names designated by initial letters, contractions, or 
 abbreviations) and further, that he or she hath not in the matter 
 in contest in such suit or other transaction with the plaintiff or 
 plaintiffs, described or designated himself or herself by thati 
 name ; and in case of any plea in abatement being duly 
 filed, with such affidavit, it shall be open to the plaintiff or 
 plaintiffs, by application to the Court in which such proceeding 
 may be had, or any Judge thereof, to have the name in the 
 declaration or writ altered and amended so as to conform to 
 the name set out in such plea inabatement, upon such terms 
 as such Court or Judge may prescribe; and so in case of 
 motion to set aside any proceeding for such misnomer, the 
 Court or Judge shall have the same power, to alter and amend 
 the proceeding objected to on that ground on like conditions. 
 
 13th Victoria — (Jhapter 37. 
 
 An Act to regulate, the proof of certain documents in. 
 Actions wherein Foreign Corporatipris doing business 
 in this Province are parties. 
 
 Section 1. — V/hat proof of Contract of Foreign Corporation sufficient ; exception. 
 
 Passed 26lh April 1850. 
 Whereas in and by the sixteenth Section of an Act made, 
 and passed in the twelfth year of Her present Majesty's Reign, 
 intituled An Act to consolidate and amend various Acts of 
 Assembly relating to the further amendment of the Law, it is 
 amongst other things enacted — " That in the case of a Foreign 
 "Corporation, or of any body politic or corporate, not being 
 " established or incorporated within this Province, and virhicli 
 " may enter into any contract or engagement, or transact any 
 " business therein, by their k'npWn accredited agent or officeri 
 " a writ of su mmons may be served upon such accredited agent 
 " or officer within this Province, and that such service should , 
 " be valid :" And whereas in actions against such Foreign 
 Corporation, or body politic or corporate, u[)on any contract 
 or engagement entered iato by the said Foreign Corporation, 
 or body politic or corporate, doing business in this. Province, 
 
376 UNREPEALED ACTS. [14 V. C 2 
 
 by their agent or other accredited officer as aforesaid, the 
 proof of such contract or engagement is very difficult to be 
 obtained, owing to the necessity of the Seal of such Foreign 
 Corporation, or body politic or corporate, and the signatures of 
 the officers of said Foreign Corporation; or body politic or 
 corporate, being strictly proved in those cases where the exist- 
 ence of such contract or engagement is put in issue: And 
 whereas a total defeat of justice might be occasioned for want 
 of such strict proof as aforesaid; — 
 
 Be it therefore enacted, &fc. — 1. From and after the passing 
 of this Act, upon any trial of any cause before any Court in 
 this Province, wherein it shall be necessary to prove any con- 
 tract or engagement entered into by any Foreign Corporation, 
 or body politic or corporate, doing business in this Province, it 
 shall only be necessary for the party or parties, plaintiff or 
 plaintiffs, defendant or defendants, Peeking to prove such con- 
 tract or engagement, or to put the same in evidence before 
 iSuch Court, to prove that such contract or engagement has 
 been duly signed or issued by the accredited agent or officer of 
 such Foreign Corporation, body politic or corporate, in this 
 Province ; and upon such proof having been given, the Court 
 before which such trial shall be had shall admit the same in 
 evidence, and the same shall be considered as duly proved 
 without any other or further evidence of the execution thereof 
 by such Foreign Corporation, body politic or corporate, any 
 law, usage, or custom to the contrary notwithstanding ; pro- 
 vided always, that nothing in this Act contained shall be con- 
 strued to extend to any contracts or engagenfenta already 
 entered into and now in force in this Province. 
 
 14th Victoria — Chapter 2. 
 
 An Act to make further provision for the service of Non- 
 Bailable Process. 
 
 Section. Section, 
 
 1. Non-bailable process, bow served on 2. How, on temporary absence. 
 
 ilon<residents. 3. Service, by whom. 
 
 Passed ISth March 1851. 
 Whereas in and by the several Acts of Assembly regula- 
 ting the service of non-bailable process issuing out of the 
 
14 V. C 2] UNREPEALED ACTS, 377 
 
 several Courts of Law in this Province, no sufficient provision 
 is made for the case of persons carrying on business therein, 
 who may have a place of business but no place of residence in 
 this Province, or for persons who may have temporarily left 
 the Province for the purpose of avoiding the service of Pro- 
 cess ; — 
 
 Be it therefore enacted, &fc. — 1. In all cases where, after the 
 passing of this Act, non-bailable process shall be issued out 
 of the Supreme Court of this Province, or any of the Inferior 
 Courts of Common Pleas, against any person or persons car- 
 rying on business in this Province, who may have a place of 
 business but no place of residence therein, the service of such 
 process may be effected by leaving a copy of the same, with 
 the ordinary English notice thereunder written, of the purport 
 and effect of such process, at the place of business of said 
 defendant or defendants, with some agent, or clerk, or adult 
 person in the employment of the defendant or defendants in 
 such business, and known to the person serving the same as 
 being an agent, clerk, or person in the employment of the 
 defendant or defendants in such business. 
 
 2. The service of any process issued out of the Supreme 
 Court, or of any Inferior Coiirt of Common Pleas, ^after the 
 passing of this Act, against any person or persons who may 
 have temporarily left or who may temporarily leave this Pro- 
 vince for the purpose of avoiding the service of process, may 
 be made as provided in and by the first Section of this Act, 
 and as provided in and by the several Acts of Assembly making 
 provision in lieu of personal service. 
 
 3. Provided always, that no service of any process made by 
 virtue of this Act shall be deemed good service, unless the 
 same shall have been made by the Sheriff of the County to 
 whom the same shall have been directed, or his deputy, nor 
 without an affidavit by the party so serving the same, setting 
 forth the facts, time and place of such service, and if under 
 the second Section of this Act, the reasons for believing that 
 such defendant or defendants had left the Province to avdiii 
 service of process, and an order of a Judge of the Court out 
 of which such process issued, thereupon made, ordering such 
 service to be deemed and taken as good service ; and provided 
 further, that nothing herein contained shall be construed to 
 
378 UNREPEALED ACTS. [14 V. C 3, 20 
 
 repeal any of the Acts of Assembly regulating the service of 
 process or any parts thereof otherwise than as the Same may 
 beinconsistent herewith. 
 
 14th Victoria — Chapter 3. > 
 
 An Act relating to the competency of Witnesses in cer- 
 tain cases. 
 
 Section 1. — Wiien witness not incompetent from liability to rate; 
 
 PaiseiUth March IS51. 
 Be it enacted, Sfc, — 1. No person by reason of being rated, or 
 liable to be rated, or otherwise, for rates and taxes in any Gity^ 
 County, Town, or Parish within this Province, shall be deemed 
 and taken thereby to be an incompetent witness in any case in 
 which the officers of such City, County, Town, or Parish, or 
 any one or more of them, acting for and on behalf of such 
 City, County, TowHj or Parish, shall be a party, or where the 
 said City, County, Town, or Parish, may in any manner be 
 affected, nor in any case wherein a pecuniary penalty or any 
 part thereof shall be given to the use of the Poor of such City, 
 County, Town, or Parish, or otherwise for the benefit or 
 exoneration of such City, County, Towhj or Parish, or the 
 inhabitants thereof. 
 
 14th Victoria — Chapter 20. 
 ' ■ An Act in further amendment of the Law. 
 
 Section. Section. 
 
 1. Special demurrer abolished ; exception. 3. Joint demise of lessors sufiBcient in 
 
 2. Amendments', how & by whom allowed. ejectinent. 
 
 Passed 3Qth April 1851. 
 Be it enacted, ifc. — 1. No special demurrer in any of 
 the Courts of Common Law in this Province shall in any; 
 case hereafter be allowed, any law, usage, or custom to th& 
 contrary notwithstanding ; provided always, that in all cases of 
 duplicity, informality, or other ground of special demurrer 
 under the present practice of the Supreme Court, in any plead- 
 ing, the same may be objected to before any Judge of the said 
 Courts, and allowed or refused on such terms as may b& 
 deemed just< 
 
4 G. 4, C 18] UNREPEALED ACTS. 379 
 
 2. Amendments in any process, pleading, or other l^gal 
 proceeding, shall at any time be made and allowed, with or 
 without a rule or order for that purpose, by any Judge or 
 Court at discretion, either at Chambers, at Nisi Prius, or at 
 Bar, and in no case shall an amendment be refused unless it 
 shall be apparent to the Judge or -Court, by affidavit or other- 
 wise, that manifest injustice to the opposite party would be the 
 result of such amendment, and that such injustice could not be 
 prevented by. granting further time to the opposite party, and 
 the amendments may be made on such terms as to payment of 
 costs and other conditions as may be deemed necessary. 
 
 3. In all actions of ejectment a joint demise of the lessors 
 of! the plaintiff shall in all cases be sufficient, and shall be 
 deemed to be joint or several as the facts of the case may 
 require, and shall have all the force and effect that several 
 demises now liave or heretofore have had. 
 
 4th George 4th — Chapter 18. 
 
 An Act in addition to an Act made and passed in the 
 twenty sixth year of the Reign of His late Majesty King 
 GeoBge the Third, intituled An Act for enabling the 
 Justices of the Supreme Court to try aU Causes at Nisi 
 Prius, and authorizing Attorneys of the Supreme Court 
 to practice in the Inferior Court of Common Fleas in 
 this Province. 
 
 ' Section 1. — What Attorneys may practice in Common Fleas. 
 
 Passed 21th March 1823. 
 Whereas in and by an Act made and passed in the twenty 
 sixth year of the Reign of His late Majesty King George the 
 Third, intituled An Act for enabling the Justices of the Supreme 
 Court to try all Causes at Nisi PriUs, and authorizing Attor- 
 neys of the Supreme Court to practice in the Inferior Courts of 
 Common Pleas in this J'rovince, it is enacted, that all and 
 every of the Attorneys of the Supreme Court may commence, 
 prosecute, or defend any action or suit for his or their clients, 
 in any Inferior Court of Common Pleas in this Province ; — 
 
 Be it enacted, &fc. — 1. From and after the passing of this 
 Act, it shall not be lawful for any person not being, an Attor- 
 ney of the Supreme Court, to commence, prosecute, or defend 
 
380 UNREPEALED ACTS. • [5 W. 4, C 29 
 
 any action or suit for any person as his client, in any Inferior 
 Court of Common Pleas in this Province, any law, usage, or 
 custom to the contrary notwithstanding. 
 
 5th William 4th — Chapter 29. 
 
 An Act to regulate the Fees in Actions not Summary in 
 the Inferior Courts of Common Pleas, and to restrain 
 the removal of such Actions to the Supreme Court. 
 
 Section. Section. 
 
 1. Fees, how regulated. S. Repealed. 
 
 Passed I'Jth March 1835. 
 
 Whereas the Fees in actions not summary in the Inferior 
 Courts of Common Pleas in this Province, and in the Mayor's 
 Court of the City of Saint John, required to be defined and 
 •established by law : And whereas the removal of causes from 
 the said Courts to the Supreme Court after issue joined, or 
 interlocutory judgment signed, has been found productive of 
 great inconvenience and delay to suitors; — 
 
 Be it enacted, SfC. — 1. The Fees in all actions hereafter insti- 
 tuted in the respective Inferior Courts of Common Pleas in 
 this Province, or in the Mayor's Court of the City of Saint 
 John, not coming within the summary jurisdiction of the said 
 Courts, shall be taxed and regulated by the following Table of 
 Fees, so far as relates to the Judges, Clerks, Attorneys, and 
 Counsel, instead of by the Ordinance of the Governor and 
 Council as heretofore accustomed. 
 
 TABLE OF FEES 
 
 To he allowed and taxed in actions not summary in the Inferior 
 Courts of Common Pleas. 
 
 FOR the judges. 
 
 On the entry of every cause not settled at the return of the 
 
 writ, five shillings. 
 On the entry of every cause for trial, three shillings and four 
 
 pence. 
 On every judgment, three shillings and four pence. 
 Taking special bail and entering the same in bail book, three 
 
 shillings. 
 
 Every summons granted or order made out of Court, two 
 shillings and six pence. 
 
5 W. 4, C 29] UNREPEALED ACTS. 381 
 
 Taking a deposition de bene esse, five shillings. 
 
 Justification or disallowance of bail, two shillings. 
 
 Appointment of a guardian or prochein ami, two shillings and 
 six pence. 
 
 Taxing a bill of costs, two shillings. 
 
 Render of a defendant in discharge of bail (including the com- 
 mitment or order for taking into custody), two shillings and 
 six pence. 
 
 Every affidavit, for each deponent, one shilling. 
 
 The same fee to any person authorized to take affidavits to be 
 read in Court. 
 
 CLERK. 
 
 Signing and sealing every writ or process, (including the filing 
 
 of the docket or precipe therefor,) subpoena excepted, one 
 
 shilling. , 
 
 Entry of every cause, one shilling. 
 Entry of every rule, one shilling. 
 
 Entry of appearance or filing common bail, one shilling. 
 Filing every process, pleading, or other paper, and marking 
 
 the same as filed, six pence. 
 Copy of every common rule, one shilling. 
 Entering interlocutory judginent, one shilling. 
 Entering admission of guardian or prochein ami, one shilling. 
 Every rule or order entered in the minutes, one shilling. 
 If more than one folio, for every additional folio, one shilling. 
 Copy or transcript from the minutes or records, per folio, one 
 
 shilling, 
 - (A folio in all cases to include one hundred words.) 
 Every search made in the files or minutes, one shilling. 
 Signing and sealing every subpoena, and filing precipe, if any, 
 
 six pence. 
 Entering a cause for trial, one shilling. 
 Calling and swearing jury, and taking and entering verdict or 
 
 non-suit, or entry of discharge of jury, two shillings. 
 Swearing every witness or constable, and reading every paper 
 
 in evidence, six pence. 
 Taxing costs where a trial has been had, two shillings. 
 Taxing costs in any other case, one shilling. 
 Making return to every writ of error, habeas corpus, or 
 
 certiorari served on him, (exclusive of copy or transcript), 
 
 two shillings. 
 Every certificate under the seal of the Court, (including the 
 
 seal), two shillings. 
 
382 UNREPEALED ACTS. [5 W. 4, C 29 
 
 On all moneys paid into Court to one hundred pounds, per 
 pound, six pence. 
 
 All above one hundred pounds, per pound, three pence. 
 
 When such money is paid in by a defendant on a plea of tender 
 or order obtained by him for paying money into Court, the 
 poundage shall be paid to the Clerk in addition to the money 
 paid ih, and may be included in the defendant's taxable costs. 
 
 ATTORNEY. 
 
 Taking instructions to commence action, six shillings and 
 
 eight pence. 
 Writing letter to defendant requiring settlement before action 
 
 brought, five shillings. 
 Preparing every process in a cause excepting subpoena or writ 
 
 ■of inquiry ,'three shillings. 
 The precipe or docket thereof, six pence. 
 Copy of the writ and notice, (when requisite) one shilling and 
 
 six pence. 
 Drawing every declaration and copy to file, not exceeding ten 
 
 folio, five shillings. 
 For every additional folio above ten, (when necessary) one 
 
 shilling. 
 Every copy of declaration for adverse party, or when otherwise 
 
 requisite, per folio, six pence. 
 Taking instructions to defend action or to enter special bail, 
 
 six shillings and eight pence. 
 Special bail piece, one shilling and four pence. 
 Common bail or appearance, one shilling. 
 Drawing general issue, one shilling. 
 Each copy thereof, six pence. 
 Drawing every special plea, per folio, one shilling. 
 Each copy thereof, per folio, six pence. 
 Preparing a writ of inquiry of damages, fbur shillings, (or at 
 
 the rate of one shilling per folio.) 
 Making up judgment roll, per folio, nine pence. 
 Attending assessment of damages before Court, threeshillings 
 
 and four pence. 
 Attending assessment of damages before jury of inquiry, six 
 
 shillings and eight pence. 
 Every subpoena, two shillings. 
 Every copy thereof or ticket, six pence. 
 Service on every witness, one shilling. 
 
 Attending the examination of a witness de bene esse, six shil- 
 lings and eight pence. 
 
•5 W. 4, C 29] UNRKPEALED ACTS, 383 
 
 Every notice, not exceeding one folio, one shilling. 
 
 For every additional folio, one shilling. 
 
 Every necessary copy thereof, per folio, six pence. 
 
 Serving every notice or other paper, one shilling. 
 -Every summons or order of a Judge, (including attendance) 
 three shillings and four pence. 
 
 Attending a Judge on summons in controverted cases, six shil- 
 lings and eight pence. 
 
 Every necessary attendance before a Judge or the Clerk (not 
 otherwise provided for), one shilling. 
 
 Preparing brief for trial or argument, six shillings and eight 
 pence. 
 
 On entry of a cause for trial, five shillings. 
 
 Preparing every writ of scire facias, per folio, one shilling. 
 
 Preparing bill of costs where a trial has been had, three 
 shillings. 
 
 In any other case, one shilling and six pence. 
 
 Half of the above fees for a copy of bill of costs for client or 
 adverse party when requisite, and np charge for a bill of 
 costs to be allowed in any case before the entry of the cause 
 on the return of the writ. 
 
 Preparing every affidavit or other paper not otherwise pro- 
 vided for, for the original, per folio, one shilling. 
 
 Every additional copy, per folio, six pence. 
 
 Every motion actually made in open Court and entered on the 
 minutes, three shillings and four pence. 
 
 COUNSEL FEES. 
 
 Perusing and signing demurrers, special pleas, repflications, 
 rejoinders, &c. to which the signature of Counsel is neces- 
 sary, eleven shillings and eight pence. 
 
 This fee to be allowed oply for one signature, when more than 
 one special pleading in a cause are prepared and delivered 
 at the same time. 
 
 On every cause entered for trial and for every argument be- 
 fore the Court, not less than one guinea nor more than three 
 guineas, at the discretion of the presiding Judge. 
 
 No other Fees than those herein before provided for are to be 
 taxed in behalf of the persons in this Table named, in actions 
 not summary in the Inferior Courts of Common Pleas. 
 
 2. Repealed by 13th Vic. cap. 47. 
 
384 UNREPEALED ACTS. [13 V. C 47 
 
 13th Victoria — Chapter 47. 
 
 An Act to consolidate and amend the Laws to provide 
 for the administration of Justice in the Inferior Courts 
 of Common Pleas and General Sessions of the Peace. 
 
 Sectiou. Section. 
 
 1. Repeal of Acts. 8. Damages, how assessed, in vacation. 
 
 2. Terms of the Courts, 9. What Attorneys may practice. 
 
 3. Sittings for Saint John, 10. Commissioners to take Bail, how ap^ 
 
 4. Jurisdiction. pointed. 
 
 5. Actions, how removed. 11. When G-eneral Sessions may be held, 
 
 6. Bail, for what amount. and adjournments. 
 
 7. What Commissioners may take affidavits. 
 
 Passed 26lh Jpril 1850. 
 Be it enacted, ^c. — 1. The second Section of an Act made 
 and passed in the twenty sixth year of the Reign of King 
 George the Third, intituleil An Act for enabling the Justices 
 of the Supreme Court to try all causes at Nisi Prius, and 
 authorizirig Attorneys of the Supreme Court to practice in the 
 Inferior Courts of Common Pleas within this Province; also an 
 Act made, and passed in the thirty first year of the said Reign, 
 intituled An Act for altering the times of holding the Courts 
 of General Sessions of the Peace and Inferior Court of Com- 
 mon Pleas in the Counties therein mentioned ; also the first, 
 second, third, and fourth Sections of an Act made and passed 
 in the thirty fifth year of the said Reign, intituled An Act to 
 regulate the Terms of the Sittings of the Inferior Courts of 
 Common Pleas in this Province, and to enlarge the jurisdiction 
 of the same, and for the summary trials of certain actions ; 
 also an Act made and passed in the forty fifth year of the said 
 Reign, intituled An Act to alter one of the IWms of holding 
 the Inferior Court of Common Pleas for the County of York ; 
 also an Act made and passed in the sixtieth year of the said 
 Reign, intituled An Act to authorize and empower the Inferior 
 Courts of Common Pleas in the respective Counties of this Pro- 
 vince to appoint Cominissioners to take Bail in the same Courts ; 
 also an Act made and passed in the fifth year ofthe Reign of His 
 late Majesty King William the Fourth, intituled An Act to 
 authorize the enlargements of the Sittings of the Courts of Gen- 
 eral Sessions of the Peace and Inferior Courts of Common 
 Pleas in this Province; also an Act made and passed in the 
 same year of the said last mentioned Reign, intituled An Act 
 to alter the time of holding the November Term of the Inferior 
 Court of Common Pleas ofthe County of Gloucester ; also the 
 
13 V. C 47] UNREPEALED ACTS. 385 
 
 second Section of an Act made and passed in the same year 
 of the said last mentioned Reign, intituled An Act to regulate 
 the Fees in actions not Summary in the Inferior Courts of Com- 
 mon Pleas, and to restrain the removal of mch actions to the 
 Supreme Court; also an Act made and passed in the seventh 
 year of the said last mentioned Reign, intituled AnActto alter 
 the additional Terms of the Inferioi- Court of Common Pleas 
 for the County of Kent ; also an Act made and passed in the 
 second year of the Reign of Her present Majesty Queen Vic- 
 toria, intituled An Act to repeal the Act establishing the times 
 of holding the Courts of General Sessions of the Peace and 
 Inferior Courts of Common Pleas in the County of Northum- 
 berland, and for enlarging the times of the Sittings of the said 
 Courts, and for making other and better regulations concerning 
 the same ; also an Act made and passed in the third year of 
 the said last mentioned Reign, intituled Ait Act for altering 
 the times of holding one of the Terms of the Inferior Court of 
 Common Pleas and General Sessions of the Peace, and also 
 one of the additional Terms of the said Inferior Court of Com- 
 mon Pleas, for the County of King's; also an Act made and 
 passed in the same year of the said last mentioned Reign, 
 intituled An Act to alter the time for holding the Terms of the 
 Inferior Court of Common Pleas and General Sessions of the 
 Peace for the County of York ; also an Act made and passed 
 in the fourth year of the said last mentioned Reign, intituled 
 An Act to alter the times for holding the Terms of the Inferior 
 Courts of Common Pleas and General Sessions of the Peace 
 for the County of Sunbury ; also an Act made and passed in 
 the fifth year of the said last mentioned Reign, intituled An 
 Act to authorize Commissioners for taking Affidavits in causes 
 pending in the Supreme Court, to take Affidavits in causes 
 pending in the several Inferior Courts of Common Pleas for the 
 several Counties in this Province ; also the first Section of an 
 Act made and passed in the sixth year of the said last men- 
 tioned Reign, intituled An Act to amend the Law relating to 
 the Practice in the Inferior Courts of Common Pleas, and 
 render the same uniform in the several Counties ; also an Act 
 made and passed in the seventh year of the said last mentioned 
 Reign, intituled An Act for altering the times of holding one 
 of the Terms of the General Sessions of the Peace and Inferior 
 
 25 
 
386 UNREPEAI^ED ACTS. [13 V. C 47 
 
 Courts of Common Pleas of the County of Carletpif; also an 
 Act made and passed in the eighth year of the said last men- 
 tioned Reign, intituled ^^ Act to alter the tinke of holding the 
 Terms of the Inferior Court of Common Pleas and General 
 Sessions of thfi Peg^e for the County of Gloucester ; also the 
 third Section Oif an Act mad^ and passed in the seveijth year 
 of the said last mentioned Reign, intituled An Act for the 
 division of the County of Carietoiii into two Counties, fnd to 
 provide fpf the Government and Representation of the ^ew 
 County ; bo and the same are hereby repealed : ProvideiJ that 
 nothing in this Act contained shall extend to repeal any of the 
 said recited Acts, so far as they or any of them repeal any 
 former Acts ; provided aj?o, that any rules of CoUrt or regu- 
 lations heretofore made under and by virtue of the autbority 
 given in and by the said recited Acts, shall be and continue in 
 full force and effect ; and ^11 actions, suits, prosecutions, and 
 proceedings of aU kinds cornmenced, had, or taken beforp the 
 passing of this Act, shall be continued and prosecuted to their 
 final termination and satisfaction, in the same manner as if 
 this Apt had not b^en passed ; and all fines and penalties im- 
 posed under the authority of any of the Act? hereby repealed J 
 and all bonds, recognisances, judgments, or securities, and all 
 real and personal property held by Justices pf the Peace in 
 any County of this Provjpep ; and all leases, contracts, or 
 conveyances made to or by any such Justices pr Courts 
 respectively ; and all appointments of Town and County Offi- 
 cers, and eve^y matter or thing dpne under the authority of 
 any of the said Acts hereby repealed, shall be and remain 
 good, valid, and effectual to all intents and purposes as if the 
 said Acts had not been repealed. 
 
 % There shall be in each and every County in this Province 
 two Terms of the Inferior Court of Common Pleas at which 
 juries simU be sumnioned and required to attend for the trial 
 of all causes brought to issue in the said Courts, and two 
 additional Therms for the return of Writs and the transaction 
 of other business therein, but ^t which no juries shall be sum- 
 moned to attend, to ^yit : — For the County of York, on the 
 second Tuesdays in January and June ; additional Terms, the 
 third Tuesday in March and the second Tuesday in October : 
 For the County of Sunbury, the second Tuesday in January and 
 
13 v. C 47] UNREPEALED ACTS. 387 
 
 the third Tuesday in June ; additional Terms, third Tuesdays 
 in March and October : For Qiieen's County, the fourth 
 Tuesdays in January and June ; additional Terras, the fourth 
 Tuesdays in April and October : For King's County, the first 
 Tuesday in March and third Tuesday in October ; additional 
 Terms, the first Tuesdays in January and May : For the 
 County of Charlotte, the second Tuesday in April and the 
 third Tuesday in September ; additional Terms, the second 
 Tuesdays in July and December : For the County of West- 
 morland, on the third Tuesdays in June and November ; addi- 
 tional Ternis, the first Tuesday in April and the second Tues- 
 day in September : For the County of Northumberland, on the 
 siBcond Tuesdays in January and July ; additional Terms, the 
 first Tuesdays in May and October : For the County of Kent, 
 on the second Tuesday in January and fourth Tuesday in 
 June : additional Terms, the last Tuesdays in April and Sep- 
 tember : For the County of Gloucester, on the first Tuesdays 
 in January and July ; additional Terms, the first Tuesday in 
 April and laSt Tuesday in October : For the County of Carle- 
 ton, on the first Ttfesday in January and fourth Tuesday in 
 June; additional Terms, the first Tuesdays in March and 
 October : For the County of Restigoiiche, on the first Tuesday 
 in January and the second Tuesday in July ; additionalTerms, 
 on the second Tuesdays in April and October : For the County 
 of Albert, on the fourth Tuesday in June atid second Tuesday 
 in November; additional Ternis, on the second Tuesdays in 
 March and September : For the County of Victoria, on the 
 first Tuesday in July and second Tuesday in January ; addi- 
 tional Terths; on the second Tuesdays in March and October : 
 and such Terms and additional Terms shall be deemed to 
 continue and include the whole week from Tuesday to Satur- 
 day inclusive ; and it shall be lawful for the said Courts at this 
 Terms at which juries are summoned to attend, if the Justices 
 of the said Court respectively, or a rriajority thereof, shall 
 deem the same expedient, to adjourn their Sittings or either 
 of them to the Week next succeeding the said Terms respec- 
 tively ; and all causes and matters heard and determined, and 
 all business transacted on any day during the week next suc- 
 ceeding the said Terms reispectively, pursuant to such adjourn- 
 ment, shall have the same and the like force and effect to all 
 
388 UNREPEALED ACTS. [13 V. C 47 
 
 intents and purposes as if heard, and determined, and trans- 
 acted at any time during the said Terms respectively ; and all 
 .parties concerned shall take due notice of such adjournment 
 from time to time, and govern themselves accordingly ; pro- 
 vided always, that no trials of any issues by jury shall be had 
 at any such adjourned Sittings. 
 
 3. In the City and County of Saint John the Sittings of the 
 Inferior Court of Common Pleas shall be holden on the third 
 Tuesday in March, and the first Tuesdays of June, September, 
 and December in each and every year, and continue from 
 Tuesday until Saturday in each Term respectively. 
 
 4. The jurisdiction of the said Courts respectively shall be 
 considered to extend to all transitory actions, and all other 
 actions arising within any other place or County, except where 
 the title to lands shall come in question, and shall in those 
 cases, except as aforesaid, have a concurrent jurisdiction with 
 the Supreme Court of this Province ; and that the said Justices 
 of the Inferior Court of Common Pleas be and are hereby 
 empowered to issue subpoena or subpoenas for any witness or 
 witnesses residing in any part of the Province; and that all 
 subpoenas so issued from the said Justices of the said Inferior 
 Court of Common Pleas shall be of the same validity to compel 
 the appearance of the witness or witnesses as if such subpoena 
 or subpoenas had been issued from the Inferior Court of Com- 
 mon Pleas where the witness or witnesses reside. 
 
 5. It shall be lawful for any defendant or defendants in any 
 suit, not summary, now or hereafter pending in either of the 
 said Inferior Courts of Common Pleas, at any time before 
 interlocutory judgment signed or issue joined in such suit, to 
 remove the same by habeas corpus into the Supreme Court, 
 or after judgment is obtained in any such suit, to bring a writ 
 of error to remove the same into the Supreme Court. 
 
 6. In cases where the plaintiff's cause of action shall amount 
 to upwards of five pounds, and affidavit thereof made and filed, 
 the defendant or defendants may be held to bail, as has been 
 heretofore accustomed ; and such aflSdavit may be made before 
 the Chief Justice or any other Justice of the Supreme Court, 
 or a Justice of the Inferior Court of Common Pleas, or any 
 Commissioner appointed for taking affidavits to be read in 
 the Supreme Court. 
 
13 V. C 47] UNREPEALED ACTS. 389 
 
 7. The several Commissioners now appointed, and that may 
 be from time to time hereafter appointed to take affidavits in 
 causes pending and to be pending in the Supreme Court, shall 
 be and they are hereby severally authorized to take and receive 
 all and every such affidavit and affidavits, as any person or 
 persons shall be willing and desirous to make before them 
 severally, in or concerning any cause, matter, or thing pending 
 or to be pending, or in any wise concerning any of the proceed- 
 ings of any of the said Inferior Courts of Common Pleas for 
 the several Counties, as the Clerks of the said Inferior Courts 
 respectively do use to do ; provided that no such affidavit shall 
 be taken by any Commissioner who is the Attorney in the 
 cause to which such affidavit may relate, except affidavits to 
 hold to bail. 
 
 8. In all actions in the Inferior Courts of Common Pleas in 
 this Province in which the said Courts may be authorized by 
 law after judgment by default to inquire of the truth of any 
 matters, or to assess the damages or the, amount to be reco- 
 vered without the intervention of a jury, such inquiry and 
 assessment may be made by a Judge of the said Court in 
 vacation ; and upon the production of such assessment signed 
 by such Judge, it shall be lawful for the Clerk of such Court 
 to tax the costs and sign. judgment, whereupon execution may 
 issue forthwith ; provided always, that no such inquiry or 
 assessment shall be made in vacation until the expiration of 
 twenty days after the day on which the judgment by default 
 shall have been entered ; provided also, that the defendant in 
 any such action may, upon due application therefor, have such 
 inquiry and assessment made by a jury, and that the Judge 
 who may be applied to in vacation to make such inquiry or 
 assessment shall have power to order the same to be made by 
 a jury in like manner as is now the law and practice in cases 
 before the Court in Term. 
 
 9. All and every of the Attorneys of the Supreme Court 
 may commence prosecutions, or defend any action or suit for his 
 or their clients in any Inferior .Court of Common Pleas within , 
 this Province. 
 
 10. It shall and may be lawful for the said Courts to appoint 
 Commissioners to take bail in the same Courts in such part of 
 their respective Counties as the majority of the Justices of any 
 
390 UNREPEALED ACTS. [16 V. C 32 
 
 of the said Courts in Term assembled shall at any time or times 
 see fit and necessary ; and such Commissioners to take bail as 
 aforesaid, shall be appointed by the Courts in the same manner 
 as Commissioners to take bail are appointed by the Supreme 
 Court. 
 
 11, In each of the said several Terms of the Inferior Courts 
 of Common Pleas in each and every County of this Province 
 there shall be holden a Court of General Sessions of the Peace 
 for the transaction of all business within the competency of 
 such Court of General Sessions ; and the said Justices in Ses- 
 sions, or a majority thereof, shall have power to adjourn the 
 Sitting of the said Courts or either of them to the week next 
 succeeding the said Terms respectively ; and all causes and 
 matters heard and determined, and all business transacted on 
 any day during the week next succeeding the said Terms 
 respectively, pursuant to such adjournment, shall have the 
 same and the like force and effect to all intents and purposes 
 as if heard and deterniined and transacted at any time during 
 the said Terms respectively ; and all parties concerned shall 
 take due notice of such adjournment from time to time and 
 govern themselves accordingly ; provided always, that no trials 
 of any issues by jury shall be had at any adjourned Sittings. 
 
 16th Victoria — Chapter 22. 
 
 An Act for altering the time of holding one of the Courts 
 of General Sessions of the Peace and Inferior Court of 
 Common Pleas in the County of Westmorland. 
 
 Section. Section. 
 
 1, What Term altered, &c. 2. Repeal of Act, &o. 
 
 \ Passed l^h April 1853. 
 
 Whereas the Terms for holding the Courts of General 
 Sessions of the Peace and the Inferior Court of Common Pleas 
 in the County of Westmorland have been found inconvenient ; 
 for remedy whereof, — 
 
 Be it enacted, ^c. as follows ; — 1. The said Courts shall be 
 hereafter holden on the second Tuesday in December, instead 
 of the third Tuesday in November in each and every year-; 
 provided always, that, no process shall abate or be disconti- 
 nued by reason of the alteration of the said Term, but shall 
 
11 V. C 16] UNREPEALED ACTS. 391 
 
 atid may be proceeded upon, heard, and determined at the 
 Term herein appointed, in the same manner as they might 
 have been proceeded upon had no alteration been made. 
 
 2: An Act mad^e and passed in the fourth year of the Reign 
 of His Majesty King George the Fourth, intituled An Act for 
 altering the Terms of holding the Court of General Sessions of 
 the Peace and Inferior Court of Common Pleas in the County 
 of Westnwrland ; also so much of an Act made and passed 
 in the thirteenth year of the Reign of Her present Majesty, 
 intituled An Act to consolidate and amend the Laws to provide 
 for the administration of Justice in the Inferior Courts of Com- 
 mon Pleas and General Sessions of the Peace, as provides for 
 the holding of the Inferior Court of Common Pleas and Gene- 
 ral Seissions of the Peace in and for the said County of West- 
 morland on the third Tuesday in November, be and the same 
 are hereby repealed. 
 
 11th Victoria — Chapter 16. 
 
 An Act to provide for the better payment of Petit Jurors 
 attending the several Courts of Record in this Province. 
 
 Section. Section. 
 
 1. W lien 'civil cause to be entered for trial. 4. CoDstrnction of terms. 
 
 2. What deposit for Jury fund, 5, Limitation. 
 
 3. How and by whom fund divided. 
 
 Passed Zi)th March 1848. 
 
 Whereas by the Laws now in force, no adequate allowance 
 is made for the services of Jurors, and it being deemed just, 
 reasonable, and expedient that Petit Jurors should receive 
 compensation for their services in all civil actions ; — 
 
 Be it therefore enacted, ^b. — 1. When any issue joined in 
 any civil action brought in any Court of Record in this Pro- 
 vince, shall be for trial before a jury, the names of the parties 
 therein shall on the first day of the Sittings of the Court at 
 which the trial is to take place, be entered on a Trial Dockeit, 
 and at such hour as the Court may after the opening thereof 
 direct, unless theCourt for some special and reasonable ground 
 of excuse, to be shewn by affidavit, shall order and allow the 
 same to be entered on such Trial Docket at a subsequent 
 hour or day. 
 
 2. On the entry of any such cause as aforesaid, the party 
 
393 UNREPEALED ACTS. [11 "V. C 16 
 
 entering the same shall deposit in the hands of the Clerk with 
 whom such entry is made, the sum of thirty shillings when the 
 cause is not summary, and the sum of fifteen shillings when 
 the cause is summary, to be applied towards a fund for the 
 payment of petit jurors attending such Court, as hereinafter 
 provided, which deposit shall be in lieu of all other fees here- 
 tofore allowed to jurors, and shall be costs in the cause. 
 
 3. When the jury summoned for and in attendance at such 
 Court shall have been discharged from further attendance, the 
 Court shall divide such fund among the jurors who may have 
 attended such Court, having regard to the number of days 
 each juror has attended, and distance of his travel from place 
 of residence, allowing in such division twenty miles travel to 
 Court as equal to one day's attendance, and so on in like pro- 
 portion ; provided that no greater amount than four shillings 
 shall be allowed to any juror for any one day's attendance ; and 
 provided also, that when the jury may have been discharged 
 from further attendance before all the causes so entered for 
 trial may have been tried or otherwise disposed of, such Court 
 may divide any portion of such fund as may be thought reason- 
 able among the said jurors, leaving the residue of the fund to 
 be in like manner afterwards divided among the jurors who 
 may be summoned to attend for the trial of the remaining 
 causes on said Trial Docket ; and provided also, that nothing 
 in this Act contained shall extend or be construed to extend to 
 special j urors. 
 
 4. In the construction of this Act, except there be some- 
 thing in the subject or context inconsistent with or repugnant 
 to such construction, the word "Court" shall extend to and 
 mean the Supreme Court of Judicature, any Assizes or Sittings 
 for the trial of causes brought to issue in the said Supreme 
 Court, any Inferior Court of Common Pleas in this Province, 
 and the Mayor's Court in and for the City and County of 
 Saint John. 
 
 5. This Act shall continue and be in force until the first 
 day of April which will be in the year of our Lord one thousand 
 eight hundred and fifty one, and no longer. 
 
14 V. C 26] UNREPEALED ACTS. 393 
 
 14th Victoria — Chapter 26. 
 
 An Act to revive and continue an Act to provide for the 
 better payment of Petit Jurors attending the several 
 Courts of Record in the Province. 
 
 Section 1. — Continuance of Act. 
 
 Passed ZQth April 1851. 
 
 Be it enacted, &fc.. — 1. An Act made and passed in the 
 eleventh year of the Reigrf of Her present Majesty, intituled 
 An Act to provide for the better paymen t of Petit Jurors attend- 
 ing the several Courts of Record in this Pj-ovince, be and the 
 same is hereby revived and declared to be in full force, and 
 shall continue in operation until the first day of May which 
 will be in the year of our Lord one thousand eight hundred 
 and sixty. 
 
 12th Victoria — Chapter 41. 
 An Act to amend the Laws relating to Juries. 
 
 Section. Section, 
 
 I. Repeal of Acts. , 17. Juries, when to re-assemble after ad- 
 S. Grand and Petit Jurors, what qualiUca- journment. 
 
 tion, and when may be challenged. 18. On inquest, how qualified. 
 
 3. Jurors, how summoned and returned. 19. Fines of Grand Juror. 
 
 4. Sheriff's duty on notice to summon Jurors. SO. Of Petit Juror. 
 
 5. When Clerk of Circuits to give notice to 21. Of Juror on inquest. 
 
 Sheriff, &c. 23. Allowance to, on inquest. 
 
 6. & 7. Repealed. .23. Costs of Special Jury, by whom paid. 
 
 8. If Clerk interested, how struck. 24. Allowance to. 
 
 9. Grand and Petit Juries, for what causes, 25, How Sheriff to be paid. 
 
 and Petit Jury how drawn in civil 26. Fines, how recovered. 
 
 causes. 27. Clerk's duty thereon. 
 
 10. Talesmen, when ordered. 28. Sheriff's Fees. 
 
 ] 1. Defect in Juror's list, &c. no ground of 29. When to execute writ for. 
 
 challenge. 30. Fines of several Courts, by whom col- 
 
 12. In what causes peremptory challenge lected. 
 
 allowed. 31. County Treasurer's duty. 
 
 13. Jury of view. 32. Subsequent Courts to have the same 
 
 14. When new Grand Jury ordered. powers. 
 
 15. When second Petit Jury ordered. 33. Penalties for neglect of duties. 
 
 16. In capital cases what number of Jurors 34. Exemptions from jury services. 
 
 to be summoned. , 35. Construction of terms. 
 
 36. Validity of Forms. 
 Schedule. 
 
 Passed Uth April 1849. 
 
 Be it enacted, ^c. — 1. An A'ct made and passed in the 
 
 twenty sixth year of the Reign of His late Majesty King 
 
 George the Third, intituled An Act for regulating Juries, and 
 
 declaring the qualifications of Jurors ; also an Act made and 
 
 passed in the same year of the same Reign, intituled An Act 
 
 in addition to an Act, intituled " An Act for regulating Juries, 
 
 and declaring the qualifications of Jurors ;''^ also another Act 
 
394 UNREPEALED ACTS. [12 V. C 41' 
 
 made and passed in the forty fifth year of the same Reign, 
 intituled An Act in addition to an Act, intituled "An Act for' 
 regulating JurieSj and declaring the Salifications of Jurors ;" 
 also another Act made and passed in the sixth year of the 
 Reign of His late Majesty George the Fourth, intituled An Act 
 to provide for the more effectual recovery of fines imposed upon 
 Jurors and Officers attending the Courts of Justice in this 
 Province ; also another Act made and passed in the sixth year 
 of the Reign of His late Majesty William the Fourth, intituled 
 An Act in addition to an Act for regulating Juries, and 
 declaring the qualifications of Jurors ; also another Act made 
 and passed in the seventh year of the same Reign, intituled 
 An Act to amend the Act for the more effectual recovery of fines 
 imposed upon Jurors and Officers attending the Courts of 
 Justice in this Province ; also the thirty first Section of another 
 Act made and passed .in the same year of the same Reign, 
 intituled An Act for the amendment of the Law and the better 
 advancement} of Justice ; also another Act made and passed in 
 the fourth year of the Reign of Her present Majesty, intituled 
 An Act relating to the summoning and attendance of Petit 
 Jurors at the respective Sittings and Circuit Courts in this 
 Province; also the third Section of another Act made and 
 passed in the same year of the same Reign, intituled An Act 
 in addition to the Acts relating to Circuit Courts ; also another 
 Act made and passed in the eleventh year of the same Reign, 
 intituled An Act in addition to the Law relating to Juries; be 
 and the same are hereby repealed, except so far as the said 
 Acts or any of them may repeal the whole or any part of any 
 other Acts not hereby repealed, and except also that for all 
 acts done or liabilities incurred under and by the authority of 
 the said Acts, or any of them, hereby repealed, proceedings 
 may still be had or continued, if already commenced under and 
 by authority of the said Acts, or any of them, as if the said 
 Acts had not been repealed. 
 
 SUMMONING AND SELECTING JURIES BEFORE TRIAL. 
 2. No person shall be qualified to sei-ve as a Grand Juror 
 unless such person shall be possessed of a freehold in the 
 County where he resides of the clear yearly value of ten 
 pounds, or of personal estate of the value of one hundred 
 pounds ; and that no person shall be qualified to serve as a 
 
12 V. C 41] UNREPEALED ACTS. 395 
 
 Petit Juror unless he hath a freehold estate of the value of 
 twenty shillings a year, or is possessed of real or personal 
 estate of the value of fifty pounds ; and if any of a lesser 
 estate be returned it shall be good cause of challenge, and the 
 party returned shall be discharged upon said challenge, or 
 upon his oven oath. 
 
 3. No Sheriff or other officer shall return any person to 
 have been sumoioned ( A ) unless such person shall have been 
 duly summoned six days before the day of appearance ; and 
 in case any Juror be absent from his habitation, a summons 
 shall be given by leaving a note (A) in writing under the 
 hand of such officer, at the dwelling house of such Juror with 
 some person there inhabiting. 
 
 4. It shall be the duty of the Sheriff of each County, upon 
 notice to be given him of the time and place appointed for the 
 holding of any of the Courts hereinafter specified by the Clerk 
 of the Court at which the trials are to be had, and without any 
 notice where the time is fixed by law for holding any of the 
 said Courts, and also without any venire, distringas, precept, 
 or other process whatever, duly to summon (A) from the body 
 of the County generally, twenty four men qualified as by law 
 required, to serve as Grand Jurors, and twenty four other men 
 also qualified as aforesaid* to serve as Petit Jurors, to attend 
 at and for the Courts of Nisi Prius, Sittings after Term, Oyer 
 and Terminer, and General Gaol Delivery, or for any of the 
 said Courts where they may be held together or separately, 
 and also at and for the General Sessions of the Peace and In- 
 ferior Courts of Common Pleas in each County, at the time 
 and place hereinbefore mentioned for holding such Courts 
 respectively, provided that nothing herein shall be construed to 
 prevent any distringas or other Jury process being issued for 
 the summoning; of any Jury in any case where by law the 
 Sheriff cannot act, or not otherwise provided for by this Act. 
 
 5. It shall be the duty of the Clerk of the Circuits on receiv- 
 ing any Commission of Oyer and Terminer and General Gaol 
 Delivery, to give notice (B) to the Sheriff of the County where 
 the said, trials are to be had, of the time and place appointed 
 for holding the said Courts respectively, requiring him to sum- 
 mon twenty four men qualified by law to serve as Grand Jurors 
 at such Court, and twenty four other men qualified in like 
 
396 UNREPEALED ACTS. [12 V. C 41 
 
 manner to serve as Petit Jurors at the said Court ; and the 
 said Clerks and Sheriffs respectively shall be liable to the 
 penalties for any disobedience of the provisions of this Act as 
 hereinafter provided ; provided always, that where such Court 
 of Oyer and Terminer and General Gaol Delivery is appointed 
 to be held at the same time and for the same County as the 
 Court of Nisi Prius, (the time for holding which is fixed by 
 law) the Sheriff shall not be required to summon more than 
 one Petit Jury in the first instance, which shall serve for both 
 Courts. 
 
 6 and 7. Repealed by 13th Vie. cap. 43, sec. 4. 
 
 8. If it shall be made to appear to the said Court that the 
 said Clerk is interested in the cause, related to either of the 
 parties, or not indifferent between them, the said Court shall 
 nominate and appoint two fit and proper persons to strike said 
 Jury, who shall have the same powers and shall conduct the 
 striking ofthe said Jnry in the same manner as herein pointed 
 out for the said Clerk. 
 
 CHALLENGES AND OTHER MATTERS ON TRIAL. 
 
 9. The Grand and Petit Jsries respectively so returned, 
 shall be the Juries for hearing and determining all causes, 
 criminal and civil, to be heard or tried at the said Courts, 
 or any of them, during the several sittings thereof, pursuant 
 to the respective jarisdiction and authority given to such 
 Juries by law ; and in all causes other than criminal causes, 
 the name of each Petit Juror summoned, empanelled, 
 and returned as hereinbefore mentioned, in either of the said 
 Courts, shall be written on distinct pieces of paper of equal 
 size, as near as may be, and shall be delivered to the Clerk of 
 such Courts respectively, to be rolled up and put into a box ; 
 and when a case is brought on to be tried, the said Clerk or 
 some indifferent person shall, in open Court, draw out twelve 
 of the papers ; and if any of the persons drawn shall not appear, 
 or be challenged, or set aside, then a further number, till 
 twelve be drawn who shall appear ; and the said twelve per- 
 sons so drawn and approved, their names being marked in the 
 panel, and being sworn, shall be the Jury to try the cause ; 
 and the names of the persons sworn shall be kept apart in 
 some other box till the Jury have given in their verdict, and 
 the same is recorded, or till the Jury be discharged ; and then 
 
12 V. C 41] UNREPEALED ACTS. 397 
 
 the same names shall be rolled up again and returned to the 
 fprmer box, and so toties quoties ; and if a cause shall be 
 brought on to be tried before the Jury in any other cause shall 
 have brought in their verdict, or be discharged, the Court may 
 order twelve of the residue to be drawn as before for trial of 
 the cause. 
 
 10. In all causes criminal or civil, where the Jury is like to 
 remain untaken for default of Jurors, the Justices shall have 
 authority to command the Sheriff or other officer of the Court 
 to name so many other persons of the County qualified by law 
 then present as shall make up a full Jury, the names of which 
 persons shall be added to the former panel. 
 
 11. The neglect of any Sheriff to make out and return such 
 hst of Jurors pursuant to the directions of this Act, or of the 
 Clerk of the Peace to enter such list in a book, or the omission 
 or insertion of the name of any person in such list who may be 
 qualified or not qualified to serve as a Juror, or any error in 
 the description of such Juror, or any other defect in the same, 
 or the empanelling or returning of any person or persons not 
 named and mentioned in such list, shall not be deemed or 
 allowed as any ground of excuse or objection to any person 
 (otherwise qualified) being summoned, sworn, or serving as a 
 Grand Juror or a Petit Juror for the trial of any issue joined 
 in any Court of Record in this Province, or of any ground of 
 challenge either to the array or to the poll of the Grand or 
 Petit Jurors. 
 
 12. And whereas it is considered desirable to allow either 
 party to challenge peremptorily a limited number of Jurors 
 withoul assigning any cause ; — When any Jury, other than a 
 special Jury, may be empanelled for the trial of any issue 
 joined, or any inquisition to be taken in any action or prose- 
 cution in any Court of Record in this Province, except in cases 
 where by law a peremptory challenge is now allowed, the party 
 plaintiff, prosecutor, defendant, or prisoner, may, as the Jurors 
 come to the book to be sworn, peremptorily challenge not 
 exceeding three of the Jurors, which challenge shall be allowed 
 by the Court, or Judge, or officer presiding, before whom such 
 issue or inquisition may be tried or taken ; provided that this 
 Act shall not be construed to authorize either party to challenge 
 peremptorily: more than three Jurors, notwithstandipg such 
 
UNREPEALED ACTS. [12 V. C 41 
 
 party may consist of several persons ; and provided also, that 
 nothing herein contained shall be construed to impair or 
 abridge the right to any challenge for cause as heretofore 
 practised. 
 
 13. Where a view shall be allowed, six of the Jurors or 
 more (who shall be consented to on both sides, or if they can- 
 not agree, shall be named by the proper officer of the Court, 
 or if need be, by a Judge, or by the Judge before whom the 
 cause shall be brought to be tried) shall have the view, and 
 shall be first sworn, or such of them as appear on the Jury 
 before any drawing ; and so many only shall be drawn to be 
 added to the viewers as shall mak^ up the number of twelve. 
 
 14. And whereas it may sometimes happen that objekstion 
 may be taken to the array of the Grand Jury returned by the 
 Sheriff or other officer at the Courts of Oyer and Terminer 
 and General Gaol Delivery for any County, and in consequence 
 thereof, such Grand Jury may^ be discharged ; — ^Whenever at 
 any such Court of Oyer and Teritiinei* or General Gaol De- 
 livery, or Sittings after Term, any Grand Jury returned by 
 any Sheriff or other officer, shall be discharged by the Court 
 in consequence of some legal objection being taken to such 
 Jury, or for any other cause satisfactory to the Courl, such 
 Court may order anew Grand Jury of twenty four men to be 
 summoned ; and the Clerk of the Circuits shall give noticie (B) 
 to the Sheriff for the summoning of such Jury ; and it shall be 
 the duty of the Sheriff to summon such Jury within such time 
 as the said Court shall order, and as in the said notice shall 
 be mentioned, in the like manner as in the case of summoning 
 a second Petit Jury at and for the same Court, as hereinafter 
 mentioned; which said Jury shall be subject to the like fines 
 and penalties for non-attendance, or for any misdemeanor or 
 default at the Court to which they may be summoned, as if 
 summoned and returned upon the first panel of Grand Jurors. 
 
 15. And whereas from the increased business in the Supreme 
 Court, or from other causes, it may sometimes be necessary 
 to require the attendance of a second Jury for the trial of 
 causes at the Circuit Courts, or Sittings, or Courts of Oyer 
 and Terminer and General Gaol Delivery ; — It shall and may 
 be lawful, whenever the same shall appear to the Court to be 
 necessary, and the said Court shall so order, for the Clerk of 
 
12 V. C 41] UNREPEALED ACTS, 399 
 
 the Circuits, or his Deputy, to give notice to the Sheriff of the 
 County where such Court may be holden, requiring such 
 Sheriff to summon twenty four men, duly qualified as by law 
 required, to appear and serve as Jurors for the trial of causes, 
 both civil and criminal, at such Circuit Court, or Sittings, or 
 Court of Oyer and Terminer and General Gaol Delivery, as 
 the case may he, on a day to be named in such notice, which 
 day shall in no case be earlier than the sixth day after the day 
 appointed for the opening and commencement of such Courts 
 respectively; and it shall be the duty of the Sheriff to cause 
 such persons to be duly summoned in like manner as the first 
 Jury, and shall return a panel of such Jurors to the Court on 
 the day named in the notice ; aqd such Jurors, being duly 
 summoned according to this Act, shall give their attendance, 
 and shall be charged and bound in such and the like manner, 
 and upon the like pains and penalties for non-appearance and 
 non-attendance, or for any misdemeanor or default, at the 
 Court to which they may be summoned, as if summoned and 
 returned upon the first panel of Jurors for the trial of causes 
 at such Courts respectiv^ely. 
 
 16. And whereas it may occasionally be necessary for the 
 trial of any person or persons indicted for any capital felony, 
 that more than the ordinary number of Jurors should be sum- 
 moned ; — It shall and may be lawful, whenever the same shall 
 appear to be necessary, for any Judge of the Supreme Court, 
 or Commissioner who may preside at any Court of Oyer and 
 Terminer and General Gaol Delivery, or Sittings after Term, 
 holden as aforesaid, at which any indictment may be preferred, 
 or shall come on to be tried against any person or persons, for 
 any felony or crime for which the punishment of death is 
 awarded, to direct the Clerk of the Circuits to give notice (B) 
 to the Sheriff of the County in which such Court may be holden, 
 to summon such number of men, qualified as by law required, 
 as by the same Court may be ordered and in the said notice 
 shall be mentioned, to appear and serve as Jurors for the trial 
 of the person or persons so indicted as aforesaid, on a day to 
 be named in the same notice, which day shall in no case be 
 earlier than the third day, inclusive, after the day on which 
 such notice shall be delivered to such Sheriff; and it shall be 
 the duty of such Sheriff to cause such persons to be personally 
 
400 UNREPEALED ACTS. [12 V. C 41 
 
 summoned in the same manner as other Jurors, and shall re- 
 turn a panel of such Jurors to the Court on the day named in 
 the notice, and such Jurors, so summoned, shall give their at- 
 tendance accordingly; and the names of such Jurors so sum- 
 moned, empanelled, and returned, shall be called from the said 
 panel when the Indictment is to be tried ; and if any of the 
 persons so called as Jurors shall not appear, or shall be chal- 
 lenged, excused, or set aside, then a farther number shall be 
 called, until twelve shall be allowed ahd sworn, who shall be 
 the Jury for the said trial ; provided always, that in case a 
 sufficient number of Jurors named in such panel shall not ap- 
 pear or be allowed, a tales may be awarded to complete the 
 Jury, as is now by law directed ; and provided also, that no 
 Juror shall be fined for non-attendance, according to the exi- 
 gency of such notice, unless proof be duly made by affidavit, 
 or viva voce in open Court, by the summoning officer, that he 
 was personally summoned at least forty eight hours before the 
 time appointed for his appearance. 
 
 17. The Grand Jury and Petit Jury in attendance on any 
 Court of Nisi Prius, Sittings after Term, or Court of Oyer 
 and Terminer and General Gaol Delivery, shall re-assemble 
 and attend at any adjournment of such Courts respectively 
 made, pursuant to an Act made and passed in the fourth year 
 of the Reign of Her present Majesty, intituled An Act in 
 addition to the Act relating to the Circuit Courts, if thereto 
 required by the presiding Judge at the time of such adjourn- 
 ment, and shall be liable to the like pains and penalties for 
 non-appearance and non-attendance, and for any misdemeanor 
 or default, as such jurors are by law liable to in any Circuit 
 Court or Court of Oyer and Terminer and General Gaol 
 Delivery. 
 
 JURIES ON INQUESTS. 
 
 18. No person shall be liable to be summoned or empan- 
 elled to serve as a juror in any County in this Province, upon 
 any inquest or inquiry to be taken or made by or before any 
 Sheriff or Coroner in any civil suit, by virtue of any writ 
 of inquiry issuing out of any of the Courts of this Province, or 
 by virtue of any other legal authority or power whatsoever, 
 who shall not be duly qualified to serve as a juror upon any 
 trial in any Court of Law within this Province. 
 
12 V. C 41] UNREPEALED ACTS. 401 
 
 FINES AND EXPENSES OF JURORS, AND SUMMONING. 
 
 19. Every person summoned as hereinbefore mentioned, to 
 serve as a Grand Juror, and who shall not appear after being 
 openly called three times, upon oath made by the summonin|f 
 officer that such person so making default had been lawfully 
 summoned, shall forfeit and pay for every such default such 
 fine, (not exceeding the sum of three pounds nor less than 
 twenty shillings) as the Judge presiding in said Court shall 
 think reasonable to inflict or assess, unless some sufficient 
 cause of his absence be proved by oath, affidavit, or affirma- 
 tion, to the satisfaction of the said Judge. 
 
 20. And whereas much delay and obstruction have occurred 
 in the administration of justice for the default of Jurors in 
 attendance on some of the Circuit Courts in this Province ; — 
 Every person who may be duly summoned to attend as a 
 Petit Juror at any Court of Oyer and Terminer or Goal 
 Delivery, or Court of Nisi Prius, or Sittings after Term, and 
 who shall not appear when called, upon the trial of any crimi- 
 nal or civil cause in any such Court, shall, on due proof being 
 made by oath or affidavit of the summoning officer that such 
 person hath been lawfully summoned, forfeit and pay for the 
 first default any sum not exceeding ten shillings, and for every 
 subsequent default any sum not exceeding five shillings, as 
 the presiding Judge at such Court shall think reasonable to 
 inflict or assess, unless some sufficient cause of his absence be 
 assigned and proved to the satisfaction of such Judge ; pro- 
 vided always, that the amount of said fines to be levied on 
 each juryman for the several defaults at any one Court, shall 
 not exceed the sum of five pounds ; such fines so inflicted as 
 aforesaid to be levied and collected as hereinafter provided. 
 
 21. If any person or persons having been duly summoned to 
 serve on a jury in any County in this Province upon any 
 inquest or inquiry before any Sherifi'as aforesaid, or Coroner, 
 shall not, after being openly called three times, appear and 
 serve on such jury, every such Sheriff", or in his absence, the 
 Under-Sheriff", and every such Coroner, is hereby authorized 
 and empowered (unless some reasonable excuse shall be proved 
 on oath or affidavit) to impose such fine upon every person so 
 making default, as they shall respectively think fit, not exceed- 
 ing ten shillings ; and every such Shejcifi", Under-Sheriff", and 
 
 26 
 
402 UNREPEALED ACTS. [12 V. C 41 
 
 Coroner respectively, shall immediately after taking such 
 inquisition, make out and sign a certificate, containing the 
 christian and surname, the residence, and trade or calling of 
 every person so making default, together with the amount of 
 the fine imposed, and the cause of such fin«, and shall transmit 
 such certificate to the Clerk of the Court out of which the writ 
 of inquiry in such case shall have issued, within thirty days 
 after imposing such fine ; and every such Clerk is hereby 
 required, within such time as aforesaid, to enter the fines so 
 certified on a roll or schedule, in the same manner as all other 
 fines imposed by such Courts respectively on jurors are entered; 
 and the same shall be levied and applied as hereinafter men- 
 tioned. 
 
 22. No person who shall, after the passing of this Act, serve 
 on any such jury, in any County of this Province, upon any 
 inquest or inquiry before any Sheriff or Coroner,, shall be 
 allowed to take, for serving on such jury, more than the sum 
 of money which such Sheriff, or in bis absence, the Under- 
 Sheriff, or such Coroner, shall think just and reasoaable, not 
 exceeding the sum of two shillings and six pence. 
 
 23. In all cases the party who shall apply for a special jury 
 shall not only pay the fees for striking such jury, but shall 
 also pay all the expenses occasioned by the trial of the cause 
 by such special jury, and shall not have any other allowance 
 for the same, upon taxation of costs, than such as he would be 
 entitled unto in case the cause had been tried by a common 
 jury, unless the Judge before whom the cause is tried, imme- 
 diately after the trial, certify in open Court, under his hand, 
 upon the back of the Record, that the same was a cause 
 proper to be tried by a special jury, and such certificate may 
 be granted as well where the plaintiff may be non-suited as in 
 the case of a verdict against him. 
 
 24. Any person who shall serve upon any special jury, 
 appointed or returned by authority of the said Act, shall be 
 allowed to take, for serving on such jury, no more than the sum 
 of money which the Judge who tries the issue or issues shall 
 think just and reasonable, not exceeding the sum of five shillings 
 per day, and that the Sheriff for summoning and returning such , 
 jury shall be entitled to receive a sum not exceeding thirty 
 shillings, to be taxed at the discretion of the Judge. 
 
12 V. C 41] UNREPEALED ACTS, 403 
 
 25. Each Sheriff shall have and receive such sum of money 
 for \\\a expenses and trouble in making out and returning the 
 list of jurors hereinbefore mentioned, as the Justices in their 
 General Sessions shall deem to be an adequate compensation 
 therefor, and they shall thereupon order the same to be paid 
 by the Treasurer of the County, out of the moneys in his hands 
 belonging to such County respectively, and such sum so to be 
 allowed to the Sheriff shall be deemed a County charge, and 
 shall be provided for as other County charges are or may be 
 by law. 
 
 MODE QF RECOVERY OF FINES. 
 
 26. All fines which may by law be imposed on Grand Jurors, 
 Petit Jurors, Constables, and other officers or ministers of the 
 law whomsoever, ;for non-attendan(^e on any Court on which 
 by law they are bound to attend, shall and may be recovered 
 and levied by writ of general levari facias, issuing out of the 
 Courts imposing such fines respectively, together with the 
 costs of levying the same; and such fines shall, when received 
 either by the Clerk of the Court imposing the same, or by the 
 Sheriff or other officer by whom the same may be levied, be 
 paid over and accounted for to the Treasurer of the County in 
 which the Court sits, to be from time to time applied by the 
 respective Courts which shall have imposed such fines, for the 
 payment of expenses of vvitnesses, constables, attending the 
 respective Courts imposing such fines, and other contingent 
 charges on criminal prosecutions, and for the support of crimi- 
 nals in such respective Counties. 
 
 27. The Clerk of the Court by which any such fine or fines 
 as are mentioned in the said Act shall have been set or imposed, 
 shall, within twenty days after the adjournment of such Court, 
 enter on a roll or list the names of the persons upon whom any 
 fine or fines shall have been set or imposed at such Courts, and 
 their places of residence, together with the amount of fines set 
 or imposed upon each respectively, and shall within such time 
 as aforesaid, prepare and deliver to the Sheriff of the County 
 wherein such Court shall have been held, a writ of general 
 levari facias according to the form in the Schedule to this Act 
 annexed, to which writ the said roll or list shall be annexed; 
 and that it shall be the duty of the SheriflT on receipt of such 
 writ, forthwith to levy or cause to be levied of the goods and 
 
404 UNREPEALED ACTS. [12 V. C 41 
 
 chattels of the several persons respectively, the fines mentioned 
 in the said roll or list thereunto annexed, and to pay the 
 amount of the said fines which may be so levied to the Trea- 
 surer of the County, whose receipt for the same, endorsed on 
 such roll or list, shall be a sufficient discharge to the said 
 Sherifi^; provided always, that if before the issuing of such 
 writ, any person or persons upon whom any such fine may be 
 set or imposed, shall tender the amount thereof to the said 
 Clerk, such Clerk shall,^ and be is hereby authorized and 
 required to receive and pay the same to the said County Trea- 
 surer, and he shall mark the same on the roll or list as so 
 satisfied; and that in such case the Sheriff shall not proceed 
 to levy on such person or persons by virtue of the said writ. 
 
 28. Every Sheriff" to whom any such writ of levari facias 
 shall be delivered, shall be entitled to levy, recover, and receive, 
 in addition toibe fine or sum 'mentioned in the roll or list, the 
 sum of five shillings from each person named in such roll or 
 list, on whom a levy may be made ; such sum of five shillings 
 to be received and retained by such Sheriff in lieu of any 
 poundage fees or other charges to which he would be by any 
 law or ordinance entitled, and in full of all such charges and 
 all other charges attending such levy, the reasonable and 
 necessary expenses attending the sale of any goods or chattels 
 which may be levied alone excepted. 
 
 29. It shall be the duty of the Sheriff, immediately on the 
 receipt of such writ,' to endorse thereupon the day of the month 
 and year on which the same was so received, and within the 
 space of three calendar months from such day, to make due 
 return of his proceedings thereon, and to file such writ, toge- 
 ther with the roll or writ thereunto annexed, and his return 
 thereto, with the Clerk by whom the same may have been 
 issued, or his successor in office, to remain on file in the office 
 of such Clerk ; and that any Sheriff failing in the performance 
 of the duty required by this Act, shall be considered guilty of 
 a contempt of Court, and may for such offence be proceeded 
 against and punished as for a contempt, or shall be subject to 
 the penalty hereinafter mentioned; and it shall be the duty of 
 such Clerk to report to the Court any omission or failure of 
 the duty required of such Sheriff by this Act. 
 
 30. And whereas the Clerk of the Circuits in this Province 
 
12 V. C 41] UNREPEALED ACTS. 405 
 
 is also Clerk of the Courts of Oyer and Terminer and General 
 Gaol Delivery, and such Courts are usually holden in the seve- 
 ral Counties at the same time ; and in like manner the Clerks 
 of the General Sessions of the Peace are also Clerks of the 
 Inferior Courts of Common Pleas of the several Counties 
 respectively, and the Sessions are holden at the same time or 
 terms as the said Inferior Courts, and defaults are usually 
 committed by the same persons at both the Courts so holden at 
 the same time, it is therefore deemed unnecessary that more 
 than one writ of levari facias should be issued by the Clerks of 
 the said Courts respectively at the same time ; — It shall and 
 may be lawful for the Clerk of the Circuit Courts, and Courts 
 of Oyer and Terminer and General Gaol Delivery, to include 
 it) the same roll or list as well any fines which may be set or 
 i<Mposed;by the Circuit Court or Court of Nisi Prius, as the fines 
 set or imposed by the Court of Oyer and Terminer and Gene- 
 ral Gaol Delivery holden at the same time and place, and to 
 issue one writ of levari facias for the recovery of the same ; 
 and in like manner it shall and may be lawful for the Clerks 
 of the General Sessions of the Peace and of the Inferior Courts 
 of Common Pleas for the several Counties respectively, to 
 i-nclude in the same roll or list the fines imposed by the said 
 Sessions, and those imposed by the Inferior Courts holden at 
 the same time and place, and to issue one writ for the recovery 
 of the same; provided always, that nothing herein contained 
 shall extend or be construed to authorize the imposition of any 
 fines except by the Judge or Judges of the Courts respectively, 
 at which the defaults or offences for which the same are 
 imposed are committed, or to prevent the issue of several 
 writs, should the said Courts so order and direct. 
 
 31. It shall be the duty of the Treasurers of the several 
 Counties respectively, to whom any such fines may be paid, 
 to keep the statements and accounts of the fines imposed by 
 the Circuit Courts and Courts of Oyer and Terminer and 
 General Gaol Delivery, distinct and separate from those 
 imposed by the General Sessions and Inferior Courts of Com- 
 mon Pleas ; and in like manner it shall be the duty of the 
 Treasurer for the County of York to keep the statement of the 
 fines imposed by the Supreme Court, or any of the Judges 
 thereof, at any sittings for the County,, distinct and separate 
 
406 UNREPEALED ACTS; [12 V. C 41 
 
 from those imposed by the Sessions and Inferior Courts of 
 Common Pleas of the said County ; and it shall farther be the 
 duty of the said County Treasurers respectively to prepare 
 and exhibit a true and correct statement and account, verified 
 by the oath of the said Treasurer, as well of the amount 
 received by him for fines as the sums paid therefrom by order 
 of the Court imposing the same, and that such account shall 
 be delivered on the first day of the sitting of the several Courts 
 respectively, and remain on the files of such Court; and for 
 the services to be performed by such County Treasurers, they 
 shall be allowed to charge and retain two and one half per 
 cent., or six pence in the pound, on the amount so received 
 for such fines, and that any County Treasurer failing in the 
 performance of the duty required of him by this Act, shall be 
 considered guilty of a contempt of Court, and may for such 
 ofi^ence be proceeded against and punished as for contempt. 
 
 32. The several successive Circuit Courts and Courts of 
 Oyer and Terminer and General Gaol Delivery sitting in and 
 for the same County, shall, for the purposes of this Act, be 
 vested with the like power and authority, with regard to any 
 fines set or imposed, or orders made for the levying, receiving, 
 paying, accounting for, and appropriation thereof, at any pre- 
 vious Circuit Court and Court of Oyer and Terminer and 
 General Gaol Delivery, as if such fines were set or imposed, 
 or orders made at the same Courts, although the said Courts 
 may sit by virtue of several commissions or appointments 
 issued or made at diflferent times. 
 
 33. If any Clerk of any Court, or any Sheriff of any County, 
 shall neglect or refuse to perform the duties or any of them 
 required of them respectively by this Act, they" or either of 
 them so neglecting or refusing shall forfeit and pay the sum of 
 twenty pounds for every such neglect or refusal, to be recovered 
 by any person or persons who will sue for the same, together 
 with full costs of suit, by action of debt or on the case, in any 
 Court of Record; one half to be for the use of the persotl who 
 shall sue for the same, and the other half to be paid to the 
 County Treasurer, for defraying the expenses of criminal pro- 
 secutions and other contingent expenses of the County and of 
 the respective Courts, which recovery shall be over and above 
 any civil remedy to which any party grieved may be entitled. 
 
J2 V. C 41'] UNREPEALED ACTS. 407 
 
 EXEMPTIONS. 
 
 34. The Members of Her Majesty's Executive and Legislative 
 Councils, the Members of the Assembly, Judges of the Supreme 
 and Inferior Courts of Record, the Treasurer of the Province, 
 Deputy Treasurers, Registers of Deeds, Sui'veyor General of 
 Crown Lands, Secretary of the Province, Clerks of the Council 
 and of the Assembly, OfScers of Her Majesty's Customs, and 
 Revenue and Naval Officers, Clergymen and Ministers of the 
 Gospel, Attorneys at Lawr, Officers of Her Majesty's Courts, 
 Justices of the Peace, Physicians and Surgeons duly qualified 
 by law to practise as such, and licenced Teachers of Schools, 
 shall be excused from serving as Jurors. 
 
 CONSTRUCTION OF TERMS. 
 
 35. Whenever in this Act words have been or shall be used 
 importing one matter, the singular number, or masculine gen- 
 der, or the County only, this Act shall be understood to include 
 several matters as well as one matter, several persons as well 
 as one person, females as well as males, and City and County 
 as well as County, unless it be otherwise specially provided, 
 or there be something in the subject or context repugnant to 
 such construction. 
 
 36. The several forms in the Schedule to this Act contained," 
 or forms to the like effect, shall be deemed good, valid, and 
 sufficient in law. 
 
 SCHEDULE. 
 (A) 
 
 Form of Summons to Jurors. 
 To Mr. A. B. 
 
 You are hereby required to attend as a (Grand or Petit 
 Juror, as the case may, be,) at the Court of (Nisi Prius, or Sit- 
 tings, or Oyer and Terminer and General Gaol Delivery, or 
 Inferior Court of Common Pleas and General Sessions of the 
 Peace, or more than one of them* as the case may be,) to be 
 holden in and for the County of at the Court House in 
 
 in the same County, on the day of 
 
 next {or instant) ; and in case of default you will be liable to 
 be fined, pursuant to the Act of Assembly made and passed in 
 the twelfth year of the Reign of Queen Victoria, intituled An 
 Act to consolidate and amend the Laws relating to Juries. — 
 Dated the day of A. D. 184 . 
 
 (Signed) Sheriff, (l.s.) 
 
408 UNREPEALED ACTS. [12 V. C 41 
 
 (B) 
 Form of Notice to Sheriff. 
 To Esquire, High Sheriff, {or other Officer, as the 
 
 case may be.) 
 
 You are hereby required to summon, according to law, 
 twenty four men for Grand Jurors, and twenty four other men 
 for Petit Jurors, {or either one or the other, as the case may be,) 
 to give their attendance at the Courts of Oyer and Terminer 
 and General Gaol Delivery, to be holden in and for the County of 
 
 ' at the Court House in for said County, on 
 
 the day of next (or instant) ; and you will, in sum- 
 
 moning such Jurors, give particular attention to the requisi- 
 tions 4nd penalties of an Act of Assembly made and passed in 
 the twelfth year of the Reign of Her Majesty Queen Victoria, 
 intituled An Act to consolidate and amend the Latvs relating 
 to Juries. — Dated the day of A. D. 184 
 
 (Signed) (l.s.) 
 
 Clerk f'or Deputy Clerk) of the Circuits. 
 
 (C) 
 
 Levari Facias. 
 
 Victoria, by the Grace of God, of the United Kingdom of 
 
 Great Britain and Ireland, Queen;, Defender of the Faith. 
 To the Sheriff of Greeting : 
 
 We command you, that of the respective goods and chattels 
 of all and singular the persons mentioned in the Roll or List 
 hereunto annexed, you do, without delay, levy or cause to be 
 levied all and singular the fines and sums of money upon them 
 respectively imposed and set, and in the said Roll or List men- 
 tioned, together with the sum of five shillings from each of them 
 for your service and expense in the execution of this Writ, and 
 that you do forthwith pay to the Treasurer of the said County 
 the fines so levied, and make return hereof as by law direct- 
 ed. — Witness Esquire, at in the said County, the 
 day of in the year of our Reign. 
 
 A. B. Clerk. 
 [To be signed by the Clerk or his Deputy, and tested in the 
 name of the presiding Judge or Justice, on the last day of the 
 Term or Sitting of the Court.] 
 
13 V. C 43] UNREPEALED ACTS. 409 
 
 13th Victoria — Chapter 43. 
 An Act to amend the Laws relating to Juries. 
 
 Section. Section. 
 1. Common Plea Courts, fines for default of 3. Special Jury, how struck. 
 
 Jurors. 4. Hepeal of Sections. 
 
 3. Sheriff, when to make annual returns, Sec. 5. Petit Jurors for Circuits, how increased. 
 
 Passed 26th Jpril 1850. 
 Be it enacted, 8fc. — 1. Every person who may be duly sum- 
 moned to attend as a Petit Juror at any Court of General 
 Sessions of the Peace or Inferior Court of Common Pleas in 
 and for any County or City in this Province, and who shall not 
 appear when called upon the trial of any criminal or civil cause 
 in any such Court, shall on due proof being made by oath or 
 affidavit of the summoning officer that such person hath been 
 lawfully summoned, forfeit and pay for every such default the 
 sum of five shillings, unless some sufficient cause of his absence 
 be assigned and produced to the satisfaction of such Court ; 
 provided always, that the amount of such fines to be levied on 
 each such juryman for the several defaults at any one term 
 shall not exceed the sum of three pounds ; such fines so imposed 
 as aforesaid to be levied and collected in the same manner as 
 is directed and provided in respect of fines on Jurors in and by 
 an Act passed in the twelfth year of the Reign of Her present 
 Majesty, intituled An Act to amend the Laws relating to Juries. 
 
 2. The Sheriff of each County and City and County, shall 
 between the first day of January and the fourteenth day of 
 February in each year, make out a list and cause the same to 
 be fairly entered in a book to be by him provided for that pur- 
 pose, of all persons qualified to serve upon Juries, who have 
 resided within the said County, or City and County, for three 
 months preceding, with their titles and additions, between the 
 age of twenty one years and the age of sixty years, and shall 
 return the same book into the office of the Clerk of the Peace 
 of the said County, or City and County, to be by him kept 
 among the Records of the Sessions of the said County, or City 
 and County, and it shall not be necessary for the said Clerk to 
 have the said list entered in any other book ; and no Sheriff 
 shall empanel or return any person or persons to try any issue 
 joined in any Court of Record in this Prouince that shall not 
 be named and mentioned in such list. 
 
 3. Upon any motion made in the Supreme Court on behalf 
 of Her Majesty, or on motion of any prosecutor or defendant 
 
410 UNREPEALED ACTS. [I'S V. C 43 
 
 on an indictment or information for any misdemeanor or infor- 
 mation in the nature of a quo warranto, or on motion of any 
 plaintiff or defendant in any cause depending in the said Courts, 
 the Justices are required to order a special Jury to be struck 
 before the Clerk of the Peace of the County, or City and 
 County in which the venire is laid, and the party obtaining 
 such order shall get an appointment from the said Clerk of 
 the time and place of the selection of forty eight persons from 
 the Jury list entered in his office, and shall serve a copy of 
 said order and appointment on the opposite party or his Attor- 
 ney, at which time and place the said Clerk or his deputy shall 
 attend with the said Jury list, and shall then and there in the 
 presence of the parties, or their Counsel or Attorneys, or such 
 of them as shall attend, select from the said Jury list the names 
 of forty eight persons whom he shall deem most indifferent 
 between the parties, and best qualified to try such cause, and 
 whose attendance is likely to be procured, and if no such list 
 shall be entered for the current year, the selection shall be 
 made from the list of the preceding year ; and the said Clerk or 
 his deputy shall thereupon make out a list of the names of the 
 said forty eight persons so selected, and shall certify the same 
 to be the list from which such special Jury shall be struck, 
 and shall deliver the same to the party who obtained the order 
 for such special Jury, his Attorney or agent, and such party 
 shall thereupon get an appointment from the said Clerk of the 
 time and place for striking the said Jury, and shall serve a 
 copy thereof, together with a copy of the said list of forty eight 
 names, on the opposite party or his Attorney, at which time 
 and place the said Clerk of the Peace or hjs deputy shall attend, 
 and shall then and there in the presence of the parties, or their 
 Counsel or Attorneys, or Such of thejn as shall be present, pro- 
 ceed to strike a Jury in the manner following : — First, the 
 party on whose application such special Jury was ordered, or 
 his Attorney or agent, shall first strike out one of the said 
 names, and the opposite party, or his Attorney or agent, shall 
 strike out another of such names, and so alternately until each 
 party shall have struck out twelve names : Second, if either 
 party shall fail to attend for striking such Jttry, or shall neglect 
 to strike out any names according to the afdregoing provisions, 
 the Clerk or his deputy shall strike for such party: Third, the 
 Clerk or his deputy shall thereupon make out a list of the 
 
14 V. C 25] UNREPEALED ACTS. 411 
 
 names of twenty four persons not struck out, anrl shall certify 
 the same to be the persons drawn to serve as Jurors pursuant 
 to the order of the Court, and shall deliver such list so certified 
 to the Sheriff of the County, or City and County, Coroner, or 
 returning officer, as the case may require, who shall proceed 
 to summon the said Jurors pursuant to the directions of the 
 said recited Act, without any writ of distringas or other pro- 
 cess whatever. 
 
 4. The sixth and seventh Sections of the said recited Act be 
 and the same are hereby repealed. 
 
 5. The number of persons to serve as Petit Jurors to attend 
 at and for the Courts of Nisi Prius, Sittings after Term, Oyer 
 and Terminer and General Gaol Delivery, shall in future be 
 thirty instead of twenty four, as provided in and by the fourth, 
 fifth, and fifteenth Sections of the said recited Act. 
 
 14th Victoria — Chapter 25. 
 An Act relating to Grand Juries in this Province. 
 
 Section 1. — Foreman of Q-rand Jury, bow appointed. 
 
 Passed 30eh April 1851. 
 
 Whereas it is deemed advisable to vest the nomination of the 
 Foreman of Grand Juries in the members of the Grand Jury ; — 
 
 Be it enacted, &fe. — 1. From and after the passing of this Act, 
 upon the meeting of any Grand Jury summoned to attend any 
 Court in this Province, and upon their being called over in 
 open Court, under the direction of the presiding Justice, the 
 said members of the said Grand Jury shall retire to their jury 
 room, under the charge of the SheriflF or his Deputy, and shall 
 then and there by a majority of votes of those present, nomi- 
 nate one of their number to be their Foreman ; and upon such 
 nomination the said Sheriff or his Deputy shall declare in open 
 Court the name of the person so nominated, who shall there- 
 upon be appointed by the Court to be the Foreman of such 
 Jury, and shall be duly sworn as such ; provided always, that in 
 case of an equal division of the Jury upon such nomination, the 
 Sheriff or his Deputy shall have a casting vote ; and in case no 
 such nomination shall be made and declared as aforesaid within 
 one hour from the time of the opening of the Court, the foreman 
 shall be appointed by the Court as heretofore accustomed. 
 
REVIVED ACT. 
 
 5th William 4th — ^Chapter 43. 
 
 An Act to regulate the inspection of Dry and Pickled Fish 
 for home consumption and for exportation. 
 
 Section. Section. 
 
 1. Tierces, 8tc., for packing, -what to be ' 8. When Inspectors may employ asBistantB, 
 
 made of, and what to contain. and how to be paid. 
 
 H. Inspectors hcW appointed, &c. ; Pelnalty 9, Justices when to issue warrants for 
 
 for acting without qualification. breach of Act, &c, 
 
 3. Duties of Inspector ; Penalty for selling, 10. Penalty for selling before inspection, &c. 
 
 &c., when; Proviso. ,11. Penalty how recovered, &c. 
 
 4. Fish, when may he sold without inspec- IS'. What persons exempt from provisions of 
 
 tion here. , Act 
 
 5. Penalty ibr shipping, &c. uninspected 13. Re-inspectionwhenmay be, andproceed- 
 
 Fish. , , . . ings thereon. 
 
 6. Inspectors' Fees. 14. When Inspector liable to damages. 
 
 7. Penalty for branding what casks, &o., 15. Dry codfish of what qualities; Inspector's 
 
 and for Inspector neglecting duly, &c. fee. 
 
 16. Limitation. 
 
 Passed IJth March 1835. 
 
 Be it enacted, &fc. — 1. From and after the passing of this 
 Act, all tierces, barrels, and half barrels, in which pickled fish 
 are packed for sale, either for exportation or home consumption, 
 shall be made of sound well seasoned timber, free from sap, 
 and constructed of staves of the thickness of not less than half 
 an inch in the thinnest part if made of hard wood, and five 
 eighths of an inch if made of soft wood, with heading well sea- 
 soned and planed, or shaved, and free from sap, and to be in 
 all cases of split or rift wood ; the casks to be fully bound or 
 closely hooped for nine inches from the chimbs on the barrels, 
 and in the same proportion on tierces and half barrels, the 
 barrel staves to be twenty eight inches in length, and the heads 
 to be seventeen inches between the chimbs, and to contain not 
 less than twenty eight nor over twenty nine gallons ; the half 
 barrels to contain not less than fourteen gallons ; and the 
 tierces to contain not less than forty two nor more than forty 
 four gallons. 
 
 2. It shall and may be lawful for the Justices of the Peace 
 in each County, at their first General Sessions annually, or 
 the Mayor, Aldermen, and Commonalty of the City of Saint, 
 John for the said City and County, to appoint fit and proper 
 persons to be Inspectors of fish in each County, Town, and 
 
5 W. 4, C 43] REVIVED ACT. 413 
 
 place where such may be necessary ; and such persons before 
 they enter upon the duties of their office, shall respectively 
 give bonds with two sufficient sureties to His Majesty, His 
 Heirs and Successors, in such sum not less than fifty pounds 
 nor over one hundred pounds as the said Justices in the several 
 Counties in this Province, and the said Mayor, Aldermen, and 
 Commonalty of the City of Saint John, may direct; which 
 Inspectors shall be sworn to the faithful discharge of their 
 duty; and such persons shall continue in such office until other 
 fit and proper persons are appointed and -sworn in their stead ; 
 and each Inspector shall and is hereby required to furnish 
 himself with a copy of this Act, which he shall, when required, 
 produce to any person or persons who shall employ him to 
 inspect fish under this Act ; and any person acting as an 
 Inspector of fish without being first duly appointed and quali- 
 fied as aforesaid, shall forfeit and pay a sum not less than ten 
 pounds nor more than fifty pounds, to be recovered as is here- 
 inafter provided. 
 
 3. It shall be the duty of the said several Inspectors to see 
 that salmon, mackerel, shad, alewives, herrings, and all other 
 kinds of pickled fish to be packed for home consumption or 
 exportation, have been well Struck with salt and pickle, and 
 preserved sweet, free from rust, taint, or damage ; and such 
 fish as are in good order and of a good quality shall be packed 
 in good and sufficient tierces, barrels or half barrels; the tierces 
 shall contain not less than three hundred pounds, the barrels 
 not less than two hundred pounds, and the half barrels not less 
 than one hundred pounds of fish each, and the same shall be 
 packed with good and clean salt, suitable for the purpose; and 
 the said casks after being closely packed full and headed up 
 with the fish and sufficient salt, not less than in the proportion 
 of one peck and a half of coarse salt to the barrel, or fine salt 
 in proportion to preserve the same, shall be filled with clean 
 strong pickle, and shall be branded on the head " Salmon," 
 "Mackerel," "Shad," "Alewives," "Herrings," or as the 
 case may be ; those of the best quality, most approved and 
 free from damage, shall be branded "No. 1 ;" those of a second 
 ■ quality, after the best have been selected, being sweet and free 
 from taint, rust, or damage, shall be branded "No. 2;" and 
 there shall be a third quality of salmon and mackerel, which 
 
414 REVIVED ACT. [5 W.^, c 43 
 
 shall consist of the poorest and thinnest of those fish, that are 
 sweet, wholesome, and free from rust, that shall be brfinded 
 "No. 3:" provided always, that no small herrings, commonly 
 called sprats or frys, shall be deemed merchantable ; and the 
 said Inspectors shall brand in plain and legible letters on the 
 bilge of each and every such cask, across the staves, the initials 
 of his christian name and his surname atlength, with the letters 
 "INSP." for Inspector ; and on the head of each and every 
 such cask, and in like manner, the same marks, and also the 
 month and year in which they were inspected, and " N. B." 
 for New Brunswick; the brands on the heads to occupy three 
 lines thus, or as the case may be : — 
 
 A. B. Insp. 
 N. B. Sept. 1835. 
 Mackerel No. 1. 
 Each cask shall be filled with fish of one and the same kind 
 and quality, and if any person shall intermix, take out, or shift 
 any inspected fish which have been packed and branded as 
 aforesaid, or put in other fish contrarj to the true intent and 
 meaning of this Act, he or they shall forfeit and pay the sura 
 of ten pounds for each and every tierce, barrel, or half barrel 
 so altered ; and if any person shall sell or export, or cause to 
 be sold or exported within or from this Province, as good or 
 merchantable, any tainted or damaged fish, he shall forfeit and 
 pay a sum not less than five shillings nor more than twenty 
 shillings for every hundred pounds weight of such fish thus 
 sold or exported ; provided always, that it shall and may be 
 lawful to export herrings without pickle, if the same are in 
 every other respect conformable to this Act. 
 
 -4. All pickled fish that may hereafter be imported into this 
 Province, which shall appear to have been inspected at Hali- 
 fax, Nova Scotia, and are branded according to the laws of 
 that Province, may be sold in this Province or exported there- 
 from without any other inspection, unless the purchaser or pur- 
 chasers of such fish shall think proper to have the same again 
 inspected, in which case it shall and may be lawful for the 
 buyer, and the seller if he shall think fit, to call an Inspector 
 on behalf of each to re-inspect such fish ; and on such re-inspec- 
 tion, such Inspectors shall be governed by the provisions of 
 this Act; which Inspectors shall be paid by the pei-sons ,wJio 
 shall respectively employ them. 
 
5 W. 4, c 43] (lEViVEP ACT. 415 
 
 5. If the master of any vessel, oi- any other person or persons 
 shall put or receive on board any vessel, or other carriage or con- 
 veyance, to transport the same from this Province, any pickled 
 fish packed in casks which are not inspected and branded in 
 manner by this Act prescribed, he or they on conviction shall 
 forfeit and pay a sum not exceeding twenty shillings nor less 
 than five shillings for each hundred pounds of such uninspected 
 fish. 
 
 6. The said Inspectors shall respectively be paid for inspect- 
 ing, culling, and branding each and every cask of fish as di- 
 rected by this Act, at and after the following rates, viz : — For / 
 each barrel, when the quantity inspected for any individual at 
 any one time does not exceed one hundred barrels, the sum of 
 six pence per barrel, and when the. quantity inspected for any 
 individual at any one time shall exceed one hundred barrels, 
 &ve pence per barrel, and fqr tierces and half barrels in the 
 like proportion; the said charge for inspecting, culling, and 
 branding to be pajd by the person or persons who shall employ 
 such Inspector ; and where any such Inspector shall be required 
 to travel any distance, exceeding two miles;from his usual place 
 of residence for the purpose of inspecting any fish, he shall be 
 entitled to receive, in addition to the charge for inspection, 
 six pence per mile for every mile he shall so travel, exceeding 
 the said two miles ; the same to be paid by theperson employ- 
 ing such Inspector. 
 
 7. If any Inspector shall brand any insufficient or defective 
 cask, or any cask the contents of which he has, not inspected 
 and culled according to the true intent and meaning of thip 
 Act, or if he shall permit any other person or persons to use 
 his brand or brands in violation or evasion thereof, such Inspec- 
 tor and the person or persons so ofi^ending shall each severally 
 forfeit and pay for every cask so branded, not less than five 
 shillings nor more than twenty shillings, and such Inspector 
 shall further be liable to be removed from office ; and if any 
 Inspector when called upon to perform the duties of his office 
 shall neglect or refuse so to do, without good and sufficient 
 reason, he shall forfeit and pay for each and every offence 
 the sum of ten shillings, and further be liable to be removed 
 from office. 
 
 8. In all cases where the person or persons employing any 
 
416 REVIVED ACT. [5 W. 4, c 43 
 
 Inspector shall neglect or refuse to furnish such assistance as 
 may be necessary to enable the said Inspector to weigh and 
 pack at least twenty barrels of fish per day,. it shall and may 
 be lawful for the said Inspector to employ such persons as he 
 may require to weigh and pack such fish, for which he shall 
 be entitled to receive from the person or persons who shall 
 employ him, over affd above the charge for inspection, the 
 sum of five pence per barrel for any quantity under one hun- 
 dred barrels, and where the quantity shall exceed one hundred 
 barrels, four pence per barret 
 
 9. If any pickled fish as aforesaid shall be put on board any 
 boat, vessel, or carriage of conveyance, with intent to sell or 
 export the same contrary to the provisions of this Act, it shall 
 be lawful for any such Justice of the Peace in the same County, 
 or City and County, upon information given him, to issue his 
 warrant to the Sheriff or his Deputy, or to any Constable of 
 the Town or Parish in which such boat, vessel, or carriage of 
 conveyance may be, requiring them respectively to detain such 
 boat, vessel, or carriage of conveyance, as long as may be 
 necessary, and to seize and secure said fish, and carry the 
 same to one of the nearest Inspectors ; and such Inspector is 
 hereby required to open and inspect, and to cull, pack, and 
 brand the same as is before provided by this Act, and to detain 
 the same until the expense and charges of seizure, inspection, 
 packing, and all other charges arising from such seizure shall 
 be paid ; and further the owner or person claiming such, fish 
 shall be liable to and forfeit the sum of five shillings for every 
 cask of fish so seized ; and it shall be the duty of every person, 
 when required, to give his necessary aid to the person having 
 such warrant as aforesaid, on pain of forfeiting twenty shillings 
 "for his refusal. 
 
 10. If any person or persons shall sell or offer for sale any 
 pickled fish before being inspected, or contrary to the previa 
 sions of this Act, he or they shall upon conviction forfeit and 
 pay for every hundred pounds of fish so sold or offered for 
 sale, the sum of five shillings ; provided always, that no person 
 shall be liable as aforesaid unless information is given^ and 
 a prosecution commenced within thirty days from the date of 
 the offence. , . , 
 
 11. All penalties and forfeitures imposed and arising by 
 
5 W. 4, C 43] REVIVED ACT. 4lt 
 
 virtue of this Act, when the same shall not exceed the sum of 
 five pounds, shall be recovered before any Justice of the Peacie, 
 or where the same shall be more than five pounds and shall 
 not exceed fifteen pounds, before any two of His Majesty's 
 Justices of the Peafce, together with the costs of prosecution, 
 oh the oath of one or more credible witness or witnesses, and 
 to be levied by warraint of distress under the hand and seal of 
 sUch Jtistice or Justices, and sale of the Oflender's goods and 
 cha,ttels, and for want of sufficient distress, such offender shall 
 suffer Wot less than five days nor more than twenty days 
 imprisonment ; and in case such fine shall excfeed fifteeri 
 pounds, the same may be recovered iii any of His Majesty's 
 Courts of Record in this Province, by action of debt, together 
 with cbstsof suit ; one half of all such penalties and forfeitures 
 to bo paid to the person or persons who shall sue for the same, 
 and the other half to be paid to the Overseefs of the Poor of 
 the Town or Parish where sUch offfence shall be committed, for 
 the benefit of the poor of Such Town or Parish. 
 
 12. Provided always, that nothing in this Act shall be con- 
 strued so as to prevent any pickled fish from being sold at any 
 of the ports of this Province by the fishermen as they may 
 bring them to market in bulkj and that nothing in this Act 
 shsiU extend to fish packed in kegs or other packages of less 
 than ten gallons. 
 
 13. If the owner of any pickled fish inspected as aforesaid, 
 or buyer, or seller of any sucli fi^h, shall be dissatisfied with 
 any such iaspectiohi it shall and ttiay be lawful for the said 
 owner to call two other Inspectors, of the said buyer and seller 
 to call one other Inspector each to re-inspect such fish, and in 
 case the said two Inspectors cannot agree, then they shall be 
 at liberty to call in a third Inspector, and the determination of 
 the said Inspectors, or any two of them, shall be final and con- 
 clusive; and in case the first inspection shall be confirmed, 
 each of the said Inspectors shall be paid by the persons who 
 shall respectively employ them ; and in case the first inspection 
 shall not be confirmed, the owner or purchaser of said fish 
 shall be entitled to recover the expense of re-inspection from 
 the person of whom he purchased them, or from the first 
 Inspector thereof, at the option of the said owner or purchaser. 
 
 14. If any Inspector shall brand or mark any fish which 
 
 27 
 
418 REVIVED ACT. [5 W. 4, c 43 
 
 shall remain in this Province, and which on examination within 
 four months after such inspection, reckoning from the last day 
 of the month branded on the cask, shall prove to be of a quality 
 inferior to the brand on such fish, such Inspector shall be liable 
 to the person or persons who shall own the said fish at the 
 time of such examination, for all such damage as be or they 
 may have sustained by reason of the said fish proving inferior 
 to the brand on such casks ; and such person or persons 
 shall recover from such Inspector all such damage as he or 
 they shall have sustained thereby, where the same does not 
 exceed five pounds, before one of His Majesty's Justices of 
 the Peace, or if the same shall exceed the sum of five pounds 
 and be less than fifteen pounds, then before two of His 
 Majesty's Justices of the Peace, and in all cases where the 
 damage shall exceed the sum of fifteen pounds, by action of 
 debt in any Court of Record in this Province, together with 
 costs of suit ; provided always, that no Inspector shall be liable 
 as aforesaid, unless he shall be duly notified of such c)aim, 
 within six months after he shall have inspected such fish, 
 reckoning from the last day of the month branded on the cask. 
 
 15. There shall be three qualities of dry codfish, viz : the 
 first or best to be called " merchantable," and to consist of 
 smooth, well split, thoroughly dried, free from break, salt-burn, 
 and not discolored in curing or otherwise, and that no fish shall 
 be deemed merchantable, but such as are cured in cateh ; the 
 second quality to be called "Madeira," and to consist of the 
 next best, being such as are not injured by being salt-burnt, 
 broken, or much discolored ; and the third quality to be called 
 " West India," and consist of such as may be inferior to the 
 above, but in ail respects sound, free from slime, and whole- 
 some; and that Inspectors duly appointed under this Act shall 
 be allowed for their care, diligence, and trouble, two pence 
 per quintal, payable half by the seller and half by the buyer. 
 
 16. This Act shall continue and be in force until the first 
 day of April which will be in the year of our Lord one thou- 
 sand eight hundred and forty. 
 
 [Contimied by 17 Victoria, Chapter 10.} 
 
OBSOLETE ACTS. 419 
 
 TABLE OF OBSOLETE ACTS. 
 
 5th William 4th^ — Chapter 49. 
 
 An Act to provide for the Custom House Establishment in the 
 Province of New Brunswick. 
 
 8th Victoria — Chapter 47. 
 
 An Act to facilitate the making of the Military Road through 
 this Province by Her Majesty's Government. 
 
 8th Victoria — Chapter 102. 
 
 An Act to facihtate the settlement of the Crown Lands on the 
 Military Road from Nova Scotia to the Canada Line. 
 
Pmi^IC TUJEATIES. 
 
 TREATY 
 
 BETWEEN HER MAJESTY AND THE UNITED STATES OP AMBEICA, 
 
 Signed at Washington, August 9th, 1842. 
 
 [Ratifications excbanged at LodcIod, October 13, 1842.] 
 
 A TREATY to settle and define the Bpupdaries between the 
 Possessions of Her Biitannick Majesty in North America, 
 and the Territories of the United States ; — for the final 
 suppression of the African Slave Trade ; — and for the giv- 
 ing up of Criijiinals, fugitive from justice, in cert£|.in cases. 
 
 Whereas certain portions of the Line of Boundary betwecH 
 the British Dominions in North America and the United States 
 of America, described in the Second Article of the Treaty of 
 Peace of 1783, have not yet been ascertained anddetermined, 
 notwithstanjling the repeated attempts which have been here- 
 tofore made for that purpose : And whereas it is now thought 
 to be for the interest of both parties that, avoiding further dis- 
 cussion of their respective rights, arising in this respect under 
 the said Treaty, they should agree on a Conventional Line, in 
 said portions of the said Boundary, such as may be convenient 
 to both parties, with such equivalents and compensation as are 
 deemed just and reasonable : And whereas, by the Treaty con- 
 cluded at Ghent, on the 24th day of December, 1814, between 
 His Britannick Majesty and the United St§;tes, an Article was 
 agreed to and inserted, of the following tenor, viz : " Article X. 
 " Whereas the TrafRck in Slaves is irreconcilable with the 
 " principles of humanity and justice ; And whereas both His 
 " Majesty and the United States are desirous of continuing 
 " their efibrts to promote its entire abolition ; it is hereby 
 " agreed, that both the contracting parties shall use their best 
 " endeavours to accomplish so desirable an object :" And 
 whereas, notwithstanding the laws which have at various times 
 been passed by the two Governments, and the efibrts made to 
 suppress it, that criminal traffick is still prosecuted and carried 
 
422 PUBDIC TREATIES. 
 
 on ; and whereas Her Majesty the Queen of the United King- 
 dom of Great Britain and Ireland, and the United States of 
 America, are determined that so far as may be in their power, 
 it shall be effectually abolished : And whereas it is found expe- 
 dient for the better administration of justice and the preven- 
 tion of crime within the territories and jurisdiction of the two 
 parties, respectively, that persons committing the crimes here- 
 inafter enumerated, and being fugitives from justice, should 
 under certain circumstances be reciprocally delivered up: 
 Her Britannick Majesty, and the United States of America, 
 having resolved to treat on these several subjects, have for that 
 purpose appointed their respective Plenipotentiaries to nego- 
 tiate and conclude a Treaty, that is to say : Her Majesty the 
 Queen of the United Kingdom of Great Britain and Ireland 
 has, on Her part, appointed the Right Honorable Alexander 
 Lord Ashburtbn, a Peer of the said United Kingdom, a Mem- 
 ber of Her Majesty's Most Honorable Privy Council, and Her 
 Majesty's Minister Plenipotentiary on a Special Mission to the 
 United States ; and the President of the United States has, on 
 his part, furnished with full powers, Daniel Webster, Secretary 
 of State of the United States ; who, after a reciprocal commu- 
 nication of their respective full powers, have agreed to and 
 signed the following Articles : — 
 
 ARTICLE I. 
 
 It is hereby agreed and declared, that the Line of Boundary 
 shall be as follows: — Beginning at the monument at the source 
 of the River Saint Croix, as designated and agreed to by the 
 Commissioners under the Fifth Article of the Treaty of 1794, 
 between the Governments of Great Britain and the United 
 States ; thence north, following the exploring line run and 
 marked by the Surveyors of the two Governments in the years 
 1817 and 1818, under the Fifth Article of the Treaty of Ghent, 
 to its intersection with the River Saint John, and to the middle 
 of the channel thereof; thence up the middle of the main 
 channel of the said River Saint John to the mouth of the River 
 Saint Francis ; thence up the middle of the channel of the 
 said River Saint Francis, and of the lakes through which it 
 flows, to the outlet of the Lake Pohenagamook ; thence south- 
 westerly, in a straight line, to a point on the northwest branch 
 of the River Saint John, which point shall be ten miles distant 
 
PUBLIC TREATIES. 423 
 
 from the main branch of the Saint John, in a straight line and 
 in the nearest direction ; but if the said point shall be found 
 to be less than seven miles from the nearest point of the sum- 
 mit or "crest of the highlands that divide those rivers which 
 empty themselves into the River Saint Lawrence, from those 
 which fall into the River Saint John, then the said point shall 
 be made to recede down the said northwest branch of the 
 River Saint John, to a point seven miles in a straight line from 
 the said summit or crest; thence in a straight line, in a course 
 about south, eight degrees west, to the point where the parallel of 
 latitude of 46" 25' north, intersects the southwest branch of the 
 Saint John ; thence southerly by the said branch to the source 
 thereof in the highlands at the Metjarmette Portage ; thence 
 , down along the said highlands which divide the waters which 
 empty themselves into the River Saint Lawrence, from those 
 which fall into the Atlantic Ocean, to the head of Hall's 
 Stream; thence down the middle of said Stream, till the line 
 thus run intersects the old Line of Boundary surveyed and 
 marked by Valentine and Collins, previously to the year 1774, 
 as the 45th degree of north latitude, and which has been known 
 and understood to be the line of actual division between the 
 States of New York and Vermont on one side, and the IJritish 
 Province of Canada on the other ; and from sai 1 point of inter- 
 section west along the said dividing line, as heretofore known 
 and understood, to the L'oquois or Saint Lawrence River. 
 
 ARTICLE II. 
 
 It is moreover agreed, that from the place where the joint 
 Commissioners terminated their labours under the Sixth 
 Article of the Treaty of Ghent, to wit, at a point in the Nee- 
 bish channel, near Muddy Lake, the line shall run into and 
 along the ship channel between Saint Joseph's and Saint 
 Tammany Islands, to the division of the channel at or near the 
 head of Saint Joseph's Island ; thence turning eastwardly and 
 northwardly around the lower end of Saint George's or Sugar 
 Island, and following the middle of the channel which divides 
 Saint George's from Saint Joseph's Islands ; thence up the east 
 Neebish Channel nearest to Saint George's Island, through 
 the middle of Lake George ; thence west of Jonas' Island into 
 Saint Mary's River, to a point in the middle of that river 
 about one mile above Saint George's or Sugar Island, so as to 
 
424 PUBLIC TREATIES. 
 
 appropriate and assign the said Island to the United States ; 
 thence adopting the line traced on the maps by the Commis- 
 sioners, through the River Saint Mary and Lake Superior, to 
 a point north of He Royale, in said Lake, one hundred yards 
 to the north and east of He Chapeau, which last mentioned 
 Island lies near the northeastern point of He Royale, where 
 the line marked by the Commissioners terminates ; and from 
 the last mentioned point southwesterly through the middle of 
 the sound between He Royale and the northwestern mainland, 
 to the mouth of Pigeon River, and up the said river to and 
 through the Nprtb and South Fowl Lakes to the Lakes of the 
 height of land between Lake Superior and the Lake of the 
 Woods ; thence along the water-communication to Lake Saisa- 
 ginaga and through that lake ; thence to and through Cypress 
 Lake, Lac du Bois Blanc, Lac la Croix, Little Vermillion 
 L^ke, and Lake Namecan, and through the several smaller 
 lakes, straits, or streams connecting the lakes here mentioned, 
 to that point in Lac la Pluie or Rainy Lake, at the Chaudiere 
 Falls, from vvhich the Commissioners traced the line to the 
 most northwestern point of the Lake of the Woods ; thence 
 along the said line to the said most northwestern point, being 
 in latitude 49° 23' 55" north, and in longitude 95° 14' 38" 
 west, from the observatory at Greenwich ; thence, according 
 to existing Treaties, due south to its intersection with the 49th 
 parallel pf north latitude, and along that parallel to the Rocky 
 Mountains. It being understood that all the water-communi- 
 cations, and all the usual portages along the line from Lake 
 Superior to the Lake of the Woods, and also Grand Portage 
 from the shore of Lake Superior to the Pigeon River, as now 
 actually used, shall be free and open to the use of the subjects 
 and citizens of both Countries. 
 
 ARTICLE III. 
 
 In order to promote the interests and encourage the industry 
 of all the inhabitants of the countries watered by the River 
 Saint John and its tributaries, whether living within the Pro- 
 vince of New Brunswick, or the State of Maine, it is agreed, 
 that where by the provisions of the present Treaty, the River 
 Saint John is declared to be the Line of Boundary, the navi- 
 gation of the said river shall be free and open to both parties, 
 and shall in no way be obstructed by either ; that all the pro- 
 
PUBLIC TREATIES. 425 
 
 dnce of the forest, in logs, lumber, timber, boards, staves, or 
 shingles, or of agriculture, not being manufactured, grown on 
 any of those parts of the State of Maine watered by the River 
 Saint John or .by its tributaries, of which fact reasonable evi- 
 dence shall, if required, be produced, shall have free access 
 into and through the said Biver and its said tributaries, haying 
 their source within the State of Maine, to and from the seaport 
 at the mouth of the said River Saint John, and to and round 
 the Falls of the said river, either by boats, rafts, or other 
 conveyance ; that when within the Province of New Brunswick, 
 the said produce shall be dealt with as if it were the produce 
 of the said Province ; that in like manner the inhabitants of 
 the Territory of the Upper Saint John, determined by this 
 Treaty to belong to Her Britannick Majesty, shall have free 
 access to and through the river for their pj-pduce, in those 
 parts where the said river runs wholly through the State of 
 Maine ; provided always, that this agreement shall give no 
 right to either party to interfere with any regulations not 
 inconsistent with the terms of this Treaty, which the Govern- 
 ments, respectively, of New Brunswick or of Maine may make 
 respecting the navigation of the said river, where both banks 
 thereof shall belong to the same party. 
 
 ARTICLE IV. 
 
 All grants of land heretofore made by either party within 
 the limits of the territory 'which by this Treaty falls within the 
 dominions of the other party, shall be held valid, ratified, and 
 confirmed to the perspns in possession under such grants, to 
 the same extent as if such tprritpry had by this Treaty fallen 
 within the dominions of the party by whom such grants were 
 made ; and all equitable possessory claims, arising from a 
 possession and improvement of any lot or parcel of land by the 
 person actually in possession, or by those under whom such 
 person clajnus, for more than six years before the date of this 
 Treaty, shall in like manner be deemed I'alid, and be confirmed 
 and quieted by a release to the person entitled thereto, of the 
 title to such lot or parcel of land, so described as best to include 
 the irnproyeinients made thereon ; and in all other respects the 
 two Contracting Parties agree to deal upon the most liberal 
 principles of equity with the settlers actually dwelling upon 
 the territory falling to them respectively, which has heretofore 
 been in dispute between them. 
 
426 PUBLIC TREATIES. 
 
 ARTICLE V. 
 Whereas, in the course of the controversy respecting the 
 disputed territory on the northeastern Boundary, some moneys 
 have been received by the authorities of Her Britannick Majesty's 
 Province of ISew Brunswick, with the intention of preventing 
 depredations on the forests of the said territory, which moneys 
 were to be carried to a fund called the " Disputed Territory 
 Fund," the proceeds whereof it was agreed should be hereafter 
 paid over to the parties interested, in the proportions to be 
 determined by a final settlement of Boundaries ; it is hereby 
 agreed that a correct account of all receipts and payments on 
 the said fund shall be delivered to the Government of the 
 United States within six months after the ratification of this 
 Treaty ; and the proportion of the amount due thereon to the 
 States of Maine and Massachusetts, and any bonds or securi- 
 ties appertaining thereto, shall be paid and delivered over to 
 the Government of the United States ; and the Government 
 of the United States agrees to receive for the use of, and pay 
 over to the States of Maine and Massachusetts their respec- 
 tive portions of said fund ; and further, to pay and satisfy said 
 States, respectively, for all claims for expenses incurred by 
 them in protecting the said heretofore disputed territory, and 
 making a survey thereof in 1838 : the Government of the 
 United States agreeing with the States of Maine and Massa- 
 chusetts to pay them the further sum of three hundred thou- 
 sand dollars, in equal moieties, on account of theit assent to 
 the Line of Boundary described in this Treaty, and in con- 
 sideration of the conditions and equivalents received therefor 
 from the Government of Her Britannick Majesty. 
 
 ARTICLE VI. 
 
 It is furthermore understood and agreed, that for the pur- 
 pose of running and tracing those parts of the line between 
 the source of the Saint Croix and the Saint Lawrence River, 
 which will require to be run and ascertained, and for marking 
 the residue of said line by proper monuments on the land, two 
 Commissioners shall be appointed, one by Her Britannic^ 
 Majesty, g,nd one by the President of the United States, by 
 and with the advice and consent of the Senate thereof; and 
 the said Commissionfers shall meet at Bangor, in the State of 
 Maine, on the 1st day of May next, or as soon thereafter as 
 
PUBLIC TREATIES. 427 
 
 may be, and shall proceed 1o mark the line above described 
 from (he source of the Saint Croix to the River Saint John, and 
 shall trace on proper maps the dividing line along said River, 
 and along the River Saint Francis to the outlet of the Lake 
 Pohenagamook; and from the outlet of the said Lake thej 
 shall ascertain, fix, and mark by proper and durable monuments 
 on the land, the line described in the Pirst Article of this 
 Treaty ; and the said Commissioners shall make to each of 
 their respective Governments a joint report or declaration, 
 under their bands and seals, designating such Line or Boun- 
 dary, and shall accompany such report or declaration with 
 maps, certified by them to be true maps of the new Boundary. 
 
 ARTICLE VII. 
 
 It is further agreed, that the channels in the River Saint 
 Lawrence on both sides of the Long Salt Islands and of Barn- 
 hart Island, the channels in the River Detroit, oil bnth sides of 
 the Island Bois Blanc, and between that Island and both the 
 Canadian and American shores, and all the several channels 
 and passages between the various Islands lying near the junc- 
 tion of the River Saint Clair with the Lake of that name, 
 shall be equally free and open to the ships, vessels, and boats 
 of both Parties. 
 
 ARTICLE VIII. 
 
 The Parties mutually stipulate, that each shall prepare, 
 equip, and maintain in service on the coast of Africa, a suffi- 
 cient and adequate squadron, or naval force of vessels, of suit- 
 able numbers and descriptions, to carry in all not less than eighty 
 guns, to enforce, separately and respectively, the laws, rights, 
 and obligations of each of the two countries for the su ppression 
 of the Slave Trade; the said squadrons to be independent of 
 each other, but the two Governments stipulating nevertheless 
 to give such orders to the officers commanding their respective 
 forces, as shall enable them most effectually to act in concert 
 and co-operation, upon mutual consultation, as exigencies may 
 arise, for the attainment of the true object of this Article ; 
 copies of all such orders to be communicated by each Govern- 
 ment to the other respectively. 
 
 ARTICLE IX. 
 
 Whereas, notwithstanding all efforts which may be made on 
 the coast of Africa for suppressing the Slave Trade, the facili-; 
 
428 PUBLIC TREATIES. 
 
 ties for carrying on that traffick, and avoiding the vigilance 
 of cruizers, by the fraudulent use of flags and other means, 
 are so great, and the temptations for pursuing it, while a 
 market can be found for slaves, so strong, as ihat the desired 
 result may be long delayed, unless all markets be shut against 
 the purchase of African negroes ; — the parties to this Treaty 
 agree, that they will unite in all becoming representations and 
 remonstrances with any and all Powers within whose dominions 
 such markets are allowed to exist ; and that they will urge 
 upon all such Powers the propriety and duty of closing such 
 markets eiFectually, at once and for ever. 
 
 ARTICLE X. 
 It is agreed that Her Britannick Majesty and the United . 
 States shall, upon mutual requisitions by them or their ministers, 
 officers, or authorities, respectively made, deliver up to justice 
 all persons who, being charged with the crime of murdA", or 
 assault with intent to commit murder, or juracy, or arson, or 
 robbery, or forgery, or the utterance of forgfed paper, cc/mmitted 
 within the jurisdiction of either, shall seek an asylum, or shall 
 be found within the territories of the other: — provided that this 
 shall only be done upon such evidence of criminality as, ac- 
 cording to the laws of the place where the fugitive or person 
 so charged shall be found, would justify his apprehension and 
 commitment for trial, if the crime or offence had there been 
 committed ; and the respective Judges and other Magistrates 
 of ihe two Governments shall have power, jurisdiction, and 
 authority, upon complaint made under oath, to issue a Warrant 
 for the apprehension of the fugitive or person so charged, that 
 he may be brought before such Judges or other Magistrates, 
 respectively, to the end that the evidence of criminality may 
 be heard and considered ; and if, on such hearing, the evidence 
 be deemed sufficient to sustain the charge, it shall be the duty 
 of the examining Judge or Magistrate to certify the same to 
 the proper executive authority, that a warrant may issue for 
 the surrender of such fugitive. The expense of such appre- 
 hension and delivery shall be borne and defrayed by the Party 
 who makes the requisition and receives the fugitive. 
 
 ARTICLE XI. 
 
 The Eighth Article of this Treaty shall be in force for five 
 years from the date of the exchange of the Ratifications, and 
 
PUBLIC TREATIES. 429 
 
 afterwE^rds, until one or the other Party shall signify a wish to 
 tern}inate it. The tenth Article shall cbntinue in force until 
 one or the other of the Parties shall signify its wish to termi- 
 nate it, and no longer. 
 
 ARTICLli XII. 
 
 The present Treaty shall be duly ratified, and the mutual 
 exchange of Ratifications shall take place in London within six 
 months from the date hereof, or earlier if possible. 
 
 tn faith whereof we, the respective Plenipotentiaries, have 
 signed this Treaty, and have hereunto afiixed our seals. 
 
 Done in duplicate at Washington, the ninth day of August, 
 Anno Domini Otle thousand eight hundred and forty two. 
 ASHBURTON. DANL. WEBSTER. 
 
 (L.S.) (L.S.) 
 
 ANNO SEXTO & SEPTIIO YICTORI^ REGIM. ■ 
 
 CAP. LXXVI. 
 
 An Act for giving effect to a Treaty between Her Majesty 
 and the United States of America for the Apprehension 
 of certain Offenders^ 
 
 [52rai August 1843.] 
 Whereas by the Tenth Article of a Treaty between Her 
 Majesty and the United States of America, signed at Washing- 
 ton on the ninth day of August in the year one thousand eight 
 hundred and forty two, the Ratifications whereof were ex- 
 changed at London on the thirteenth day of October in the 
 saiiie year, it was agreed that Her Majesty and the said 
 United States should, upon mutual Requisitions by them or 
 their Ministers^ Officers, or Authorities respectively made, 
 deliver up to Justice all Persons who being charged with the 
 crime of Murder, or Assault with Intent to commit Murder, 
 or Piracy, or Arson, of Robbery, or Forgery, or the Utterance 
 of fbrged Paper, eOmtnitted within the jurisdiction of either of 
 the High Contracting Parties, should seek an asylum or 
 should be fourld within the TerritOiies of the other; provided 
 that this should only be done upon such evidence of criminality 
 
430 PUBLIC TREATIES. 
 
 as according to the Laws of the place where the Fugitive 
 or Person so charged should be found would justify his Appre- 
 hension and Commitment for Trial if the Crime or Offence 
 had been there committed, and that the respective Judges and 
 other Magistrates of thf two Governments should have Power, 
 Jurisdiction, and authority, upon Complaint made under Oath, 
 to issue a Warrant for the Apprehension of the Fugitive or 
 Person so charged, so that he might be brought before such 
 Judges or other Magistrates respectively, to the end that the 
 Evidence of Criminality might be heard and considered, and 
 if on such Hearing the Evidence should be deemed sufficient 
 to sustain the Charge it should be the Duty of the examining 
 Judge or Magistrate to certify the same to the proper execu- 
 tive Authority, that a Warrant might issue for the Surrender 
 of such Fugitive, and that the expense of such Apprehension 
 and Delivery should be borne and defrayed by the party making 
 the Requisition and receiving the Fugitive ; and it is by the 
 Eleventh Article of the said Treaty further agreed, that the 
 Tenth Article hereinbefore recited, should continue in force 
 until one or other of the High Contracting Parties should sig- 
 nify its wish to terminate it, and no longer : And whsreas it 
 is expedient that Provision should be made for carrying the 
 said Agreement into effect, be it enacted by the Queen's Most 
 Excellent Majesty, by and with the advice and consent of the 
 Lords Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the same. That 
 in case Requisition shall at any time be made by the Authority 
 of the said United States, in pursuance of and according to the 
 said Treaty, for the Delivery of any Person charged with the 
 Crime of Murder, or Assault with intent to commit Murder, 
 or with the Crime of Piracy, or Arson, or Robbery, or For- 
 gery, or the utterance of forged Paper, committed within the 
 Jurisdiction of the United States of America, who shall be 
 found within the Territories of Her Majesty, it shall be lawful 
 for One of Her Majesfy's Principal Secretaries of State, or in 
 Ireland for the Chief Secretary of the Lord Lieutenant of Ire- 
 land, and in any of Her Majesty's Colonies or Possessions 
 abroad for the Officer administering the Government of any 
 such Colony or Possession, by Warrant under his Hand and 
 Seal to signify that such Requisition has been so made, and 
 
PUBLIC TREATIES. 431 
 
 to require all Justices of the Peace and other Magistrates and 
 Officers of Justice within their several Jurisdictions to govern 
 themselves accordingly, and to aid in apprehending the Per- 
 son so accused, and committing such person to Gaol, for the 
 purpose of being delivered up to Justice, according to the pro- 
 visions of the said Treaty ; and thereupon it shall be lawful 
 for any Justice of the Peace, or other Person having Power to 
 commit for Trial Persons accused of crimes against the Laws 
 of that Part of Her Majesty's Dominions in which such sup- 
 posed Offender shall be found, to examine upon Oath any Per- 
 son or Persons touching the Truth of such Charge, and upon 
 such Evidence as according to the Laws of that Part of Her 
 Majesty's Dominions would justify the Apprehension and Com- 
 mittal for Trial of the Person so accused if the Crime of which 
 he or she shall be so accused had been there committed it shall 
 be lawful for such Justice of the Peace, or other Person having 
 Power to commit as aforesaid, to issue his Warrant for the 
 Apprehension of such Person, and also to commit the Person 
 so accused to Gaol, there to remain until delivered pursuant 
 to such Requisition as aforesaid. 
 
 IL Provided always, and be it enacted. That in every such 
 Case, Copies of the Depositions upon which the original War- 
 rant was granted, certified under the Hand of the Person or 
 Persons issuing such Warrant, and attested upon the Oath of 
 the Party producing them to be true Copies of the original 
 Depositions, may be received in Evidence of the Criminality of 
 the Person so apprehended. 
 
 III. And be it enacted, That upon the Certificate of such 
 Justice of the Peace, or other Person having Power to commit 
 as aforesaid, that such supposed Offender has been so committed 
 to Gaol, it shall be lawful for One of Her Majesty's Principal 
 Secretaries of State, or in Ireland for the Chief Secretary of 
 the Lord Lieutenant of Ireland, and in any of Her Majesty's 
 Colonies or Possessions abroad for the Officer administering 
 the Government of any such Colony or Possession, by Warrant 
 under his Hand and Seal to order the Person so committed to 
 be delivered to such Person or Persons as shall be authorized 
 in the Name of the said United States to receive the Person 
 so committed, and to convey such person to the Territories of 
 the said United States, to be tried for the Crime of which such 
 
43a PUBLIC TREATIES. 
 
 Person shall be so accused,' and such Person shall be delivered 
 up accordingly, and it shall be lawful for the Person or Persons 
 authorised as aforesaid to hold such Person in Custody, and 
 take him or her to the Territories of the said United States^ 
 pursuant to the said Treaty; and if the Person so accused 
 shall escape out of any Custody to which he or she shall be 
 committed, or to which he or she shall be delivered as afore- 
 said, it shall be lawful to retaliesuch Person, in the same Man- 
 ner as any Person accused of any Crime against the Laws of 
 that Part of Her Majesty's Dominions to which he or she shall 
 so escape may be retaken upon an Escape. 
 
 IV. And be it enacted, That where any Person who shall 
 have been committed under this Act, to remain until delivered 
 up pursuant to Requisition as aforesaid, shall not be delivered 
 up pursuant thereto, and conveyed out of Her Majesty's Do- 
 minions within two Calendar Months after such Committal, 
 over and above the Time actually required to convey the Pri^ 
 soner from the Gaol to which he or she was committed, by.the 
 readiest way out of Her Majesty's Dominions, it shall in every 
 such case be lawful for any of Her Majesty's Judged in that 
 Part of Her Majesty's Dominions in which such suppbsed 
 Offender shall be in custody, upon application made to him oi 
 them, by or on behalf of the Person so committed, and upoti 
 Proof made to him or them that reasonable Notice of the Inten- 
 tion to make such Application has been given to Some or Oti^ 
 of Her Majesty's Principal Secretaries of State, or in Ireland 
 to the Chief Secretary of the Lord Lieutenant of Ireland, and 
 in any of Her Majesty's Colonies- or Possessions abroad, to 
 the Officer administering the Government of any such Colony 
 or Possession, to order the Person so committed to be dischar- 
 ged out of Custody, unless sufficient cause shall be shewn to 
 such Judge or .Fudges why such Discharge ought not to be 
 ordered. 
 
 V. And be it enacted, That if by any Law or Ordinance to 
 be hereafter made by the local Legislature of any British 
 Colony or Possession abroad. Provision shall be made for car- 
 rying into complete Effect within such Colony or Possession 
 the Objects of this present Act, by the Substitution of some 
 other Enactment in lieu thereof, then it shall be competent to 
 Her Majesty, with the Advice of Her Privy Council, (if to Her 
 
PUBLIC TREATIES. 433 
 
 Majesty in Council it shall seem meet, but not otherwise,) to 
 suspend the operation within any such Colony or Possession of 
 this present Act, so long as such substituted Enactment shall 
 continue in force there, and no longer. 
 
 VI. And be it enacted. That this Act shall continue in force 
 during the continuance of the Tenth Article of the said Treaty. 
 
 TREATY 
 
 BETWEEN HER MAJESTY -AND THE UNITED STATES OF AMEEICA, 
 
 &c. Sec, &e. 
 
 Signed at Washington, June 5, 1854. 
 
 [Ratifications ekchanged ai Washington, September 9, 1854.] 
 
 Her Majesty, the Queen of Great Britain, being equally 
 desirous with the Government of the United States to avoid 
 further misunderstanding between their respective Subjects 
 and Citizens, in regard to the extent of the right of Fishing 
 on the Coasts of British North America, secured to each by 
 Article I. of a Convention between Great Britain and the 
 United States, signed at London on the 20th day of October, 
 1818, and being^also desirous to regulate the Commerce and 
 Navigation between their respective Territories and People, 
 and more especially between Her Majesty's Possessions in 
 North America and the United States, in such manner as to 
 render the same reciprocally beneficial and satisfactory, have 
 respectively named Plenipotentiaries to confer and agree there- 
 upon, that is to say : Her Majesty the Queen of the United 
 Kingdom of Great Britain and Ireland, James Earl of Elgin 
 and Kincardine, Lord Bruce and Elgin, a Peer of the United 
 Kingdom, Knight of the Most Ancient and Most Noble Order 
 . of the Thistle, and Governor General in and over all Her 
 Britannic Majesty's Provinces on the Continent of North Ame- 
 rica, and in and over the Island of Prince Edward ; and the 
 President of the United States, William "L. Marcy, Secretary 
 of State of the United States, who, after having communicated 
 to each other their respective full powers, found in good and 
 due form, have agreed upon the following Articles : — 
 
 28 
 
434 PUBLIC TREATIES. 
 
 ARTICLE li 
 
 It is agreed by the High Contracting Parties, that in addition 
 to tlie liberty secured to the TJmted States Fishermen bj the 
 above mentioned Convention of October SO, 1818, of taking, 
 euringj and drying fish on certain Coasts of the British North 
 Americ!an Colonies therein defined, the inhabitants of the 
 United States shall have in common with the subjects of Her 
 Britannic Majesty, the liberty to take fish of every kind, except 
 shell-fish, on the sea coasts and shores, and in the bays, har- 
 bours, and creeks of Canada, New Brunswick, Nova Scotia, 
 Prince Edward's Island, and of the several Islands thereunto 
 adjacent, without being restricted to any distance from the 
 shore ; with permission to land upon the coasts and shores of 
 those Colonies and the Islands thereof, and also upon the Mag- 
 dalen Islands, for the purpose of drying their nets and curing 
 their fish ; provided that in so doing, they do not interfere with 
 the rights of private property, or with British fishermen, in the 
 peaceable use of any part of the said coast in their occupancy 
 for the same purpose. 
 
 It is understood that the above mentioned liberty applies 
 solely to the sea fishery, and that the salmon and shad fisheries, 
 and all fisheries in rivers, and the mouths of rivers, are heteby 
 reserved exclusively for British fishermen. 
 
 And it is further agreed, that in order to prevent or settle 
 any disputes as to the placed to which the reservation of exclu- 
 sive right to British fishermen contained in this Article, and 
 that of fishermen of the United States contained in the next 
 siicceeding Article, apply, each of the High Contracting Par- 
 ties, on the application of either to the other, shall, within six 
 months thereafter, appoint a Commissioner. The said Com- 
 missioners before proceeding to any business, shall make and 
 subscribe a solema declaration that they will impartially and 
 carefully examine and decide to the best of their judgment, 
 and according to justice and equity, without fear, favour, or 
 afiection to their own country, upon all such places as are 
 intended to be reserved and excluded from the common liberty 
 of fishing under this and the next succeeding AHicle ; and such 
 declaration shall be entered on the record of their proceeditags. 
 The Commissisners shall name some third person to act as an 
 Arbitrator or Umpire in any case or cases on which they niiay 
 
PUBLIC TREATIES. 435 
 
 themselr^s differ in opinion. If they should not be able to 
 agree upon the name of such third person, they shall each 
 name a person, and it shall be determined by lot which of the 
 two persons so named shall be the Arbitrator or Umpire in 
 cases of difference or disagreement between the Commis- 
 sioners. The person so to ;be chosen to be Arbitrator or 
 Umpire shall, before proceeding to act as such in any case, 
 make and subscribe a solemn declaration iti a form similar to 
 that ^hich shall already have been made and subscribed by 
 the Commissioners, which shall be entered on the record of their 
 proceeditigs. In the event of the death, absence, or incapacity 
 of either of the Commissioners, or of the Arbitrator or Umpire, 
 or of their or his omitting, declining, or ceasing to act as such 
 Gommissionerj Arbitrator or Umpire, another and different 
 person shall be appointed or named as aforesaid to act as such 
 Commissioner, Arbitrator or Umpire, in the place and stead 
 of the person so originally appointed or named as aforesaid, 
 and shall make and subscribe such declaration as aforesaid. 
 
 Such Commissioners shall proceed to examine the Coasts 
 of the North American Provinces, and of the United States, 
 embraced within the provisions of the first and second Articles 
 of this Treaty, and shall designate the places reserved by the 
 said Articles from the common rights of fishing therein. 
 
 The decision of the Commissioners and of the Arbitrator or 
 Umpire shall be given in writing in each case, and shall be 
 signed by them respectively. 
 
 The High Contracting Parties hereby solemnly engage to 
 consider the decision of the Commissioners conjointly, or of the 
 Arbitrator or Umpire, as the case may be, as absolutely final 
 and conclusive in each case decided upon by them or him, 
 respectively. 
 
 ARTICLE II. 
 It is agreed by the High Contracting Parties that British 
 subjects shall hare, in common Hvith the citizens of the United 
 States, the liberty to take fish of every kind, except shell-fish, 
 on the eastern sea coasts and shores of the United States, 
 north of the 36th parallel of north latitude, and on the slrdres 
 of the several Islands thereunto adjacent, and in the bays^, har- 
 bours, and creeks of the said sea coasts and shores of the 
 United States and of the said Islands, without being restricted 
 
436 PDBLIG TREATIES. 
 
 to any distance from the shore, with permission to land upon 
 the said coasts of the United States and of the Islands aforesaid, 
 for the purpose of drying their nets and curing their fish ; pro- 
 vided that in so doing, they do not interfere with the rights of 
 private property, or with the fishermen of the United States in 
 the peaceable use of any part of the said Coasts in their occu- 
 pancy for the same purpose. 
 
 It is understood that the above mentioned liberty applies 
 solely to the sea fishery, and that salmon and shad fisheries, 
 and all fisheries in rivers and mouths of rivers, are hereby 
 reserved exclusively for the fishermen of the United States. 
 
 ARTICLE III. 
 
 It is agreed, that the articles, enumerated in the Schedule 
 hereunto annexed, being the growth and produce of the afore- 
 said British Colonies or of the United States, shall be admitted 
 into each Country respectively free of duty : — 
 
 SCHEDULE. 
 
 Grain, Flour, and Breadstuffs of all kinds ; 
 
 Animals of all kinds ; 
 
 Fresh, Smoked, and Salted Meats; 
 ^ Cotton Wool, Seeds, and Vegetables; 
 
 Undried Fruits, Dried Fruits ; 
 
 Fish of all kinds ; 
 
 Products of fish and of all other creatures living in the water j 
 
 Poultry, Eggs ; 
 
 Hides, Furs, Skins, or Tails undressed ; 
 
 Stone or Marble in its crude or unwrought state : 
 
 Slate ; 
 
 Butter, Cheese, Tallow ; 
 
 Lard, Horns, Manures ; 
 
 Ores of Metals of all kinds ; 
 
 Coal ; 
 
 Pitch, Tar, Turpentine, Ashes ; 
 
 Timber and Lumber of all kinds, round, hewed, sawed> 
 unmanufactured in whole or in part ; 
 
 Firewood ; 
 
 Plants, Shrubs, and Trees : 
 
 Pelts, Wool; 
 
 Fish Oil ; 
 
 Rice, Broom Corn, and Bark ; 
 
PUBLIC TREATIES. 437 
 
 Gypsum, ground or unground ; 
 
 Hewn or wrought or un wrought Burr or Grindstones ; 
 
 Dye Stuffs ; 
 
 Flax, Hemp, and Tow, unmanufactured ; 
 
 Unmanufactured Tobacco ; 
 
 Rags. 
 
 ARTICLE 4. 
 
 It is agreed that the citizens and inhabitants of the Utiited 
 States shall have the right to navigate the River Saint Law- 
 rence and the Canals in Canada, used as the meansof commu- 
 nicating between the Great Lakes and the Atlantic Ocean, 
 with their vessels, boats, and crafts, as fully and freely as the 
 subjects of Her Britannic Majesty, subject only to the same tolls 
 and other assessments as now are or may hereafter be exacteJ 
 of Her Majesty's said subjects, it being understood, however, 
 that the British Government retains the right of suspending 
 this privilege on giving due notice thereof to the Government 
 of the United States. ■ 
 
 It is further agreed, that if at any time the British Govern- 
 ment should exercise the said reserved right, the Government 
 of the United States shall have the right of suspending, if it 
 think fit, the operation of Article III. of the present Treaty in 
 so far as the Province of Canada is affected thereby, for so 
 long as the suspension of the free navigation of the River Saint 
 Lawrence or the canals may continue. 
 
 It is further agreed, that British subjects shall have the right 
 freely to navigate Lake Michigan with their vessels, boats, and 
 crafts, so long as the privilege of navigating the River Saint 
 Lawrence secured to American citizens by the above clause 
 of the present Article shall continue, and the Government of 
 the United States further engages to urge upon the State 
 Governments to secure to the subjects of Her Britannic Ma- 
 jesty, the use of the several State Canals on terms of equality 
 with .the inhabitants of the United States. 
 
 And it is further agreed, that no export duty or other duty shall 
 be levied on lumber or timber of any kind, cut on that portion 
 of the American territory in the State of Maine, watered by 
 the River Saint John and its tributaries, and floated down that 
 River to the sea, when the same is shipped to the Uiiited 
 States from the Province of New Brunswick. 
 
438 PUBLIC TREATIES. 
 
 ARTICLE V. 
 
 The present Treaty shall take effect as soon as the laws 
 required to carry it into operation shall have bqen passed by 
 the Imperial Parliament of Gr^at Britain, and by the Provin- 
 cial Parliaments of those of the British North American Colo- 
 nies which are affected by this Treaty on the one hand, and 
 by the Congress of the United States on the other. Such 
 assent having been given, the Treaty shall remain in force 
 for ten years from the date at which it may come into opera- 
 tion, and further until the expiration of twelve months after 
 either of the High Contracting Parties shall give notice to the 
 other of its wish to terminate the same ; each of the High 
 Contracting Parties beiqg at liberty to give such notice to the 
 other at the end of the said term of ten years, or at any time 
 afterwards. 
 
 It is clearly understood, however, that this atipulatioo; is not 
 intended to affect the reservation made by Article IV. of the 
 present Treaty with regard to the right of temporarily SUB- 
 pending the operation of Article III. and lY. thereo£ 
 
 ARTICLE VI. 
 
 And it is hereby further agreed, that the provisions and 
 stipulations of the fbregoing Articles shall extend to the Island 
 of Newfoundland, so far as they are applicable to that Colony. 
 But if the Imperial Parliament, the Pirovineial Parliament of 
 Newfoundland, or the Congress of the United States, shall not 
 embrace in their laws enacted for carrying this Treaty into 
 effect, the Colony of Newfoundland, then this Article shall he 
 of no effect, but the omission to make provision by law to give 
 it effect, by either of the legislative bodiesi afoxteaaid, shall QOt 
 in any way impair the remaining Articles of this Treaty. 
 
 ARTICLE VII. 
 
 The present Treaty shall be duly ratified^ and the mutual 
 exchange of ratilScations shall take place in WashingtQOi 
 within six months from the date hereof, or earlier if possible. 
 
 In faith whereof, We» the respective Plenipotentiaries, have 
 sighed this Treaty, and have hereunto affixed our Seals. 
 
 Done in triplicate, at Washipgtoi), the fifth day of June, 
 Anno Dopiini one thousand eight hundred and hftj font. 
 
 (Signed) ELGIN & KINCARDINE. [L. S^ 
 
 W. L. MARCY, [L. S.] 
 
INDEX. 
 
 Abatement. See Courts, Equity-aitd Supreme. 
 
 Acknowledgments. See fourfs. Supreme. 
 
 Acts of Assembly, pnblication of. See Revised Statutes. 
 
 AgricDlture, 
 
 Act to encoarage, 44. 
 
 Societies for, 
 
 Acconnti of, by whom audited, approved, an^ sworn to, 4^. 
 
 neglect to render, forfeitnre, 46,. 
 Allowance to, by the Province, .44. 
 
 extent of, for any County, 45. 
 (or salaries, 45. 
 
 ^ow apportioned among district Sqcleties, 45. 
 limitation of, 45. 
 
 when more than one of, \n Coqnty, 45. 
 Bounds for pens, &c., how and by whom defined, 46. 
 npt to be infringed on, 46. 
 what la^ds exempt from, 46. 
 Bye laws, qopy of, when to be filed, 45. 
 
 what. Society empowered to make, 4'5. 
 Cattle Shows, &c., of, passages for, how and )ty whom defined, 46. 
 Estimate ^j, of actual state of land, ^c, for district or County, to 
 whpfn, when and how transmitted, 45, 46. 
 Existing, i^ben entitled to bounty, 46. 
 Highway, public, when may be occupied by,, 46, 
 Imported Stock of, &c., how disposed of, 45. 
 
 who may become purchaser of, 45. 
 Income, &c., of, detailed statement of, by whom prepared and when, 45. 
 Incorporation of, how effected, 44. 
 privileges of,. 44. 
 
 continuance of, 44. 
 Land, private, when may be occupied by^ 46. 
 Limitation as to number of, in Parish or County, 45„ 
 Object of, as to intro.dBction of Stock, &c. 44, 
 Officers of, what empowered to elect, 4S, 
 Penalty for violating regulations of^ 46« 
 ' recovery and application ofl 46. 
 
 Flpo^ing matches of, passages for, how an^ by whom defined, 46. 
 Provisions of Act ioT,, v^ha^ Societies to extend to, 46, 
 
 what not to. interfere with, 46. 
 Report by, of annual operation of, to whom and when transmitted, 45. 
 Schedule, 46,. 47^48. 
 Amendment. See Courts, JSjuii^^ an4 Su^mSf 
 Answers. See Courts, Equity, 
 Arbitration. See Courts, Suj^fi^f, 
 Appropriations. See li&igrme. 
 
U. INDEX. 
 
 AasemMy, 
 
 Act for election of Members of, when and wliere to be read, 139. 
 Acts repealed, 151, 152. 
 
 BoothB for votin^at election of Members of, how and by whom procared, 142. 
 Books, Poll, copy of, when, by, and to whom to be delivered, 14?. 
 remuneration for, 147. 
 how, by, and to whom to be delivered, 143. 
 what to be inserted in, 143, 147. 
 where to be kept, 143. 
 Bribery at Election, what, and how punished, 141, 148. 
 
 consequences of, 148. 
 Candidates for, lists of, by and to whom furnished, 139. 
 
 names of, to he stated to whom and when, 139. 
 when and in what books entered, 139, 
 when, where, and by whom posted up, 136. 
 when to be struck off poll book, 142. 
 qualification of, when questioned, Sheriff's duty, 142. 
 Clerks, Poll, appointment of, 133. 
 
 duty of, as to books, 133. 
 
 what to receive from Deputy, 133. 
 
 when to act as Sheriff or Deputy, 136. 
 
 to appoint their Poll Clerk, 136, 137. 
 acting as such Sheriff, &c., duty of, 136. 
 and what oaths to take, 137. 
 Conservators of the Peace, for what may commit, and how, 144. 
 . Justices, &c., neglecting to aid, &c., punishment, 144. 
 when bound to attend, 144. 
 
 to swear in special Constables,' 144. ' 
 powers of, 144. ,' ■ .' 
 
 what assistance may demand, 144. 
 who and when to be, at election, 1^4. 
 Deputies to preside at Polling Places, 
 
 appointment of, 133. ' ' . 
 
 duty of, as to Poll Books, 133. 
 precept to, nature of, 133. 
 
 when, how, and to whom to be returned, 133. 
 Duration of, 150. 
 Electors for, affirmation' by, when allowed, 140. 
 
 who may administer, 140. 
 qnalification of, 137. 
 refusing to take oath, vote rejected, 140. 
 title in, what description of, need not he registered, 137. 
 what oaths not obliged to take, 141. 
 where to poll votes, 132. 
 
 when boundary line of Parish doubtful, 132,133. 
 on division of P&rish, 133. 
 when and how to name candidate, 139. 
 to take oaths, 139. 
 
 before select committee of House, 150. 
 for voting withoat qualification, 150. 
 
UVDEX. m. 
 
 Assembly. — Continued. ^ > 
 
 Evidence, what on trial by indictment, &c. for making false declaration, 150. 
 False swearing, how punished^ 140, 141. 
 Freeholders, County Saint John, what oaths to take, 140. 
 Freemen, City Saint John, what oaths to take, 140. 
 Inspector of Clerk, by whom appointed, 139. 
 
 on whose nomination, 139. 
 Members of, accepting office, for what incapacitated, 152. 
 
 candidates for, who to be returned, and how, 137. 
 for City of Saint John, how chosen, and by whom, 147. 
 how and by whom chosen, 137. 
 " number of, for each County, 146, 147. 
 Victoria County, 156. 
 how elected, 166. 
 . writ for election of, when to issue, 156. 
 qualification of, 148, 149. 
 
 declaration of, 149. 
 before whom made, 169. 
 to whom transmited, 169. 
 vacancy by death &c., of, during recess, Speaker's duty 145. 
 vacating seat by, when may be done, 145. 
 during the Session, how, 145. 
 during interval of two Sessions, 145. 
 during first Session, 145. 
 how long to continue member after, 145. 
 who incapable of being elected as, 124. 
 Mortgagors, when not debarred from voting for members of, 137. 
 Oaths, form of, for voters, 139, 140. 
 
 Sheriff and Deputies, &c. at commencement of election, 137,138. 
 by whoiQ administered, and when, 138. 
 to what and when prefixed, 138. 
 to be taken by Freemen of City of Saint John, 147. 
 Penalty against Sheriflf for not returning writ, 142, 143. 
 
 recovery and application, 143. 
 for not delivering copy of Poll Books, 147, 148. 
 Members for making false declaration, 144 160. 
 for electors voting at wrong place, 132. 
 
 mode of recovery of, 132. 
 more than once, 141. 
 without qualification, 141, 142. 
 recovery, 142. 
 for oflScers violating any of the provisions of Act, 140. 
 
 recovery, 140. 
 suit for, when to be commenced, 150. , 
 
 amount for which Sherifi', &c. may be prosecuted in, 160, 151. 
 by whom to be brought, 151. 
 how brought against Sheriff, &c., 151. 
 when to be commenced, 151. 
 Polls, when to commence, 127. 
 close, 127. 
 
IJf* INDEX. 
 
 Aesembly. — Continued. 
 
 Polls, when to be open, 127,'. 
 
 in Albert County, 13S. 
 GarletOD, 131,132,1^. 
 Charlotte, 61, 129- 
 Ciliieg, &R., find when, 127> 
 
 King's Ward, Saint John, 127. 
 01ouce«(er Connty, 61, 62, 130, 131. 
 Kent, 131. 
 King's, 189> 130. 
 Nortbamberland, 63, 129, 153. 
 Queen's, 62, 130. 
 EestigoQche, 132. 
 ^ Saint John, 62, 128. 
 
 Sunbury, 63, 130. 
 Victoria, 62, 63. 
 Westmorland, 128. 
 York, 61, 62, 127, 128. 
 on what days shall not beholden, 137. 
 Polling Places for County of Carleton, what Act relating to repealed, 153. 
 who to name in said County, and where, 153. 
 in Northumberland, for what. Parishes, 153. 
 Remuneration for holding elections, out of what fund paid, 126. 
 
 npon what audit, 126. 
 to Deputies, for what serneee, 126. 
 Poll Clerks, 126. 
 Sherifis, 126. 
 Returns, when to he made, 134. 
 
 false, if more persons returned than rerjuited, remedy, 143, 144. 
 what prohibited, 143. 
 who may sue for^ 143. 
 
 who liable for, and to whatdamages, &c. 143. 
 Scrutiny, granted, when allowance for, by whom paid andhow recovered, 126. 
 how d>emanded, 134.> 
 
 how to decide votes on, if mere|parties than one, 134, 
 oaths at, by whom administered, 134. 
 when and how to proceed thereon, 134. 
 when to be closed, 134. 
 Sheriflf, Court of, authopiisfed,,when, where, and by whom first held, 134. 
 
 adjournment of declaration day by Sheriff at, when, 1 35, 136. 
 
 his duty thereon, 136. 
 restriction as to day of , 1 36. 
 adjournment of, 135. 
 
 candidates names at, when and where to be received, 135. 
 when not be reoordfed, nor votes received for, 135. 
 continuance of, 135. 
 
 proceedings when no poll demanded, 135. 
 when poll demanded, 135. 
 
INDEX. V 
 
 ABsembly. — Coniimted. 
 
 Sheriff, duty of, on receiving poll books, 133. 
 what to declare, 133. 
 
 what proulamation to make, and when, 133, 134. 
 when and where to break seals and cast up voteii, 133. 
 when and how to make return, 134. 
 Terms, construction of, 151. 
 
 Writs for summoning, and warrants for, in what form, 150. 
 by whom issued, 125. 
 
 certified copies, when and by whom to be read, 138, 139. 
 copies of, by and to whom furnished, 139. 
 endorsement on, by Sheriff, on receiving, 125. 
 Members for City of St. John, bow to issue, &e. 147. 
 notice of, contents, 125. 
 
 day of polling, 126. 
 how given, 125, 
 to Constables, 126. 
 number of days between teste and petum, 125> 
 Speaker dying, &c., during recess, who to ocdfr, 1'4£. 
 
 who and when tp.issne s^rit, 146. 
 to whom delivered, 125. 
 when and to whom to be returned, 142. 
 when issued, 135. 
 where filed, 142. 
 Bail. See Courts, Supreme and Common Pleoi. 
 Banks for Savings, 
 
 Act to encourage, &c., 162. 
 
 Acts relating to, repealed, to yhst eztent, 175, 176. 
 
 Accounts of, with Deputy Treasurer, how kept, 177. 
 
 when and to whom transmitted, 177- 
 Books of, when to be open, 163, 
 
 for whose inspection, 163. 
 to Deputy Treasurers, by whom furnished, 177. 
 Debentures, when Treasurer may pay off or issue miw ones, 17S> 179. 
 Depositor in, dyijngf, whom and when to pay, I7O. 
 Deposits in, amount received or paid, 177- 
 
 balance of, when and how to transmit to Treasurer, 177* 
 by whom received, pwd, ^nd wh?n, 176, 177« 
 when no funds, to be paid by draft, 177. 
 Deputy Treasurers, powers of, to what Counties confined, 177> 178. 
 
 remuneration to, 177- 
 Examiners of, appointment of, by whom and when, 174. 
 
 duty of, 162. 
 Formation of, how afffcted, 174. 
 
 for whose benefit, 163. 
 Infant Depositors in, receipt sufficient, 1 64. 
 
 tP receive share, Sic, 164. 
 Interest, amount to be paid Depositors, I76. 
 
Vi. INDEX. 
 
 Banks for Savings. — Coni^mted. 
 Moneys, &c., of, 
 
 debentures for, bow given, 1 67- 
 
 interest on, how computed, 167, 178> 
 when to be paid, 168. 
 when added, 168. 
 new, when to be issued, 168. 
 order for payment of, date of, 168. 
 principal, &c. of, upon what fund chargeable, 167. 
 principal of, when to be paid, 1 68. 
 
 on what order, 168. 
 return of, when and to whom, 168. 
 what amount not to exceed, 168, 173, 17&, 178. 
 when to be paid, 1 67. 
 when no more to issue, 169, 
 description of persons to deposit, 169, 176, 
 for whose benefit, 1 65. 
 
 interest for, amount of, to one individual, 169. 
 in what other fund maybe invested, 169. 
 in whom vested, 165. 
 in whom to be stated in E.ction, 165. 
 order for payment of, into Treasury, 166, 
 Rules, &c., of, amended, &c,, how, 263. 
 ' when in force, 163. 
 
 binding, when and on whom, 164. 
 certiorari for, not allowed, 164. 
 costs of, copy, &o. 164. 
 deposited with whom, 163. 
 evidence of, what, 164. 
 filed, &c., with whom, 163. 
 notice of, what deemed, 164. 
 
 production of, when may be required by Treasurer, 169. 
 transcribed, how, 163. 
 Saint John, loss by, how may repay Province, 179. 
 
 when, 179. 
 meeting called, by whom, 172. 
 how, 172. 
 of whom, 172. 
 when, 172. 
 what deemed, 172. 
 what to be transacted at, 172, 173. 
 Schedule, I7O, I7I, 172- 
 Societies for, what may have benefit of, 169, I7O. 
 
 to what amount, I7O. 
 Treasurer of, bond when to give, 165. 
 
 to whom, 165. 
 recovery of, at whose costs, &c. 165. 
 in whose name,' 165, 
 on forfeiture, 165. 
 
INDEX. VII. 
 
 Banks for Savings. — Continued. 
 
 Trustees, &e., authority to sue, &e. 125, 166. 
 
 subsequent proceedings, 166. 
 declaration by, on deposit, 166. 
 deposits, who required to receive, 166. 
 when to make deposits, and amount, 166. 
 When to have benefit of Act, for, 163. 
 Who not to derive any benefit from, 163, 164. 
 exceptions, 164. 
 Challenge of Jurors. See Jury. 
 College, King's, 
 
 Act relating to, 71. 
 
 Chancellor of, who, 205. ' 
 
 Charter of, original, surrendered by whom, and how, 185. 
 
 npon what condition, 185. 
 what rights reserved, 185. 
 when deemed cancelled, 185. 
 New, 197, 198, 199, 200, 201, 202, 203, 204, 205. 
 how far repealed, 206, 207. 
 what 'rights not affected by amendment of, 207; 
 Commissioners of Enquiry into, appointment, 71. 
 duties of, 71. 
 number of, 71. 
 powers of, 71. 
 report of, what to make, 71. 
 
 when to be laid before Legislature, 71- 
 Corporation, new of, for what liable, 188. 
 Council of, authorized to lease certain lands, 196. 
 
 npon what terms, 196, 197. 
 by whom suspended, 205, 206. 
 formation of, 205. 
 
 lands, what other, may lease, and how, 197. 
 leases, what may make, 1 97. 
 
 members of, rights as to making propositions at, 206. 
 qualification or teste, what not required of member of, 206. 
 
 professors of, 206. 
 quorum, how many shall constitute, 206. 
 Debts and property of, how.recoverable, 186, 188. 
 
 when and to whom transferred, 186, 188. 
 Declaration, who and what to subscribe, 206, 210. 
 Divine service in, how performed, 206. 
 Endowment of, and of Collegiate Schools, 189. 
 how and by whom drawn, 189. 
 from what paid, 1 89. 
 on what condition, 189. 
 Graduates, &c., of old Corporation of, what deemed, 188. 
 Lands, wilderness, &c., of, conveyance of, how made, 196. 
 
 disposal of, when and how, 195, 196. 
 number of acres of, in each lot, 196. 
 
VIU. INDEX« 
 
 College, Kvag's.—Contintied. 
 
 Lands, vrilderness, &c., of* proceeds of sale of, how disposed of, 1 96:. 
 
 how applied, 196. 
 ({[uantity of, what allowed to be sold, 196. 
 Oaths to be taken by persons taking Degree in Divinky in, 206. 
 President of, by whom appointed, 205. 
 Professorships in, appointment of, in whom vested, 206. 
 Prize, annual, medal, for what and by wlrom given, 189i 
 Registrar of, accounts to be laid before Assembly by, wheii, 206. 
 
 of what, and hoWi206i 
 statement by. of Professors, &c., to be laid before House, 206. 
 > Statutes, &c., of original Charter of, when to cease to exist, 186i 
 
 saving clause as to, 186. 
 Tenants of, to whom deemed tenants, 186, 188. 
 The Sovereigh, when deemed the Ebunder of, 185. 
 
 powers of, 185. 
 Visitor of, whO( 205. 
 Commerce. See Socidi/ of New Brvmswiok. 
 Commissioners. See Courts. 
 
 Corporations. See Justices' Cetirtt, Equity and Supreme. 
 Costs. See Liquors, Spirituous, and Courts, Equity and Supreme, Aetions, 
 Counties, 
 
 Act relating to division of County of Carleton, 154. 
 Victoria County, Courts of Justices for, 156. 
 erection of, 151, 155; 
 parishes in, names of, 156. 
 registry, &c. in, 155, 156. 
 shire town of> 155. 
 Courts, Circuit, 
 
 Acts, Sec, what repealed, lOJ- 
 Adjournment of, 1 06. 
 
 efifect of, on parties, 106. 
 new cause, not to be entered aty 106, 107. 
 record, &c., how dealt with, 106. 
 witnesses, when liable to attend at, 106k 
 Commission for, not necessary, 105. 
 For what Counties, 105. 
 Opened, how, continuance of, 106. 
 
 when on other than appointed day, 106. 
 
 effect of, as to proceedings, 106. 
 Common Pleas, 
 
 Acts relating to repeal of, 384, 385, 386. 
 
 saving clause, 386. 
 Adjournment of Sittings, 387. 
 
 cauees, &c., heard, Sec., effect of, 387, 388. 
 no trials to be had at, 388. 
 Affidavits in, to hold to bail, &c., beibre whom sworn, 388; 389. 
 what. Attorney in cause cannot take, 389. 
 
INDEX. IX. 
 
 Courts, Common Pleas. — Coniiniied, 
 
 Assessment of damages in, by a Judge, whew, 389. 
 Clerk's duty thereon, 389. 
 execution on, when may issue, 389. 
 made by a Xory, when, 389. 
 Attorneys of Supreme Court may practice in, 3S9. 
 Commissioners for taking bail in, appointment of, 389, 390. 
 Defendants, when may be held to bail in, 388, 389, 
 Fees in, in actions not summary, 3S0, 381, 382, 383. 
 
 how taxed, &c., 380. 
 Jurisdiction of, 388. 
 
 Bemoval of cause in, whei^ allowed, 388. 
 Sabpcena in, offeree throughout the Province, 3S8. 
 Terms of, additional, 386, 387. 
 
 f8rtrial,386, 387, 390, 391. 
 in Saint John, 388. 
 Who not allowed to practice in, 379, 380. 
 Equity, Supreme. 
 
 Abatement of suit in, cause of action not surviving, as to whom, 84. 
 surviving, not allowed on whose death, 84. 
 , suggestion of death, effect of, 84. 
 
 how madej 84. 
 Act relating to administration of justice in, when in force, 101. 
 Administration of estate -in, order for, granted, how and when, 84. 
 
 how when different claimants, &c., 84. 
 when filed, &e., and of what force, 84. 
 summons against, how and when obtained, 84. 
 
 what to contain, 84. 
 whom against, 84. 
 Admissions in, 79. 
 
 Affidavits in, before whom to be sworn, 74. 
 copies of, how served, 84. 
 
 in injunction, exception as to, 84. 
 divided, &e., how, 84. 
 filed, bow, 84. 
 
 in reply, to what matter confined, 84. 
 none other allowed, 84. 
 Always to be open, 73. 
 
 Answer in, exceptions as to when and to whom submitted, 78. 
 for what purpose, 78. 
 how and when to be made, 78. 
 
 mhde out of the Province, how taken and returned, 79. 
 used as an affidavit, by whom and when, 77- 
 what may be taken without commission, and how, 79. 
 when held good, 78. 
 Appeal in, from and to what, 73. 
 
 jurisdidtion in case of, 73. 
 when to be made, 73. 
 
X. index; 
 
 Courts, Equity, Supreme. — Continued. r ■ 
 
 Appearance in, by party out of the Province, on what affidavit 
 
 Judge may make order, 76- 
 vrhen to be published, 76. 
 where and for what time, 76. 
 proceedings, 77* 
 Bill in, filing of, how and when, 76, 77' 
 
 pro cbnfesso, when may be taken, 77> 78. 
 
 exception, 78. 
 sworn to, by whom, 77- 
 of review in, abolished, 85. 
 Causes in, how commenced, 76. 
 
 in Chancery, what description of, transferred to,_ 72, 
 powers, &c., transferred to, 72. 
 regulations, &c., to what subject, 72. 
 undetermined, &c., how disposed of, 72. 
 Christian names, defects in, when not to vitiate process, &c., in, 76. 
 
 exception, 76. - ' 
 Clerk in, who to be, 74. 
 duties of, 74. 
 or Deputy, when to attend, 80. 
 Co-plaintiff, death of, after misjoinder of, cause wh^n to stand 
 
 revived, 83. 
 relief granted as to, how and when, 83. 
 Costs, deposits for, practice of abolished, 88. 
 
 how taxed, &c. 88. 
 Declaratory suit binding, declaration of right in, how made, 84. 
 
 objection to, what not, 84. 
 Decree in, absolute confirmation of, when and against whom, 87. 
 against person out of the Province, how enforced, 86. 
 
 estate of, when to remain under jurisdiction of 
 Court, and how managed, 87- 
 security, what required, and for what, 86, 87. 
 appeal from, &c., decision on, how far final, 86. 
 
 from Probate Judge to what Court, 86. 
 proceedings on, 86. 
 how proceeded with, 85. 
 papers on hearing, what to be produced, 
 
 85, 86. 
 previous rule not necessary, 85. 
 when made, 85. 
 when heard, 85. 
 copy of, served on person, when may appear, proceed- 
 ings, 87. 
 barred absolutely, 87. 88. 
 defendant, when to be served with copy of, 87. 
 
 on death 'of, who and when to be served, 87. 
 entry of, hov* and when made, 85. 
 when suspended, 85. 
 
INDEX. XI. 
 
 Coarta, Equity, Sapreme. — Continued. 
 
 Decree in, evidence of, wliat and vrhere, 85. 
 lands, how bound by, 86. 
 matter of, disputed, bovr settled, 85. 
 minutes of, how to be settled, 85. 
 moneys of Court, how disposed of, 86. 
 new facts, &c. when allowed, and when an appeal from, 85, 
 performance of, how enforced, 86. 
 re-hearing of, abolished, 85. 
 
 sales of real estate, how and by whom conducted, 86. 
 snbpcena for costs, abolished, 86. 
 supplemental bill, abolished, 85. 
 Defects in Bill or Plea in, how amended, 'JS. 
 Demurrer, &c., for want of equity, 
 
 when Judge may order case for trial, 84. 
 
 on what terms, 84. 
 common law remedy, 83, 84. 
 when not allowed, 78. 
 Dismission of cause in, how and when ordered, 82. 
 
 mistake in course ofpractice, how rectified,&c. 82,83. 
 Documentary evidence, how obtained and dealt with, 80. 
 
 what steps first required, 80, 
 English Practice, application of, to, how far, 73. 
 Examiners in, duties of, 'Ji. 
 oath ofi 7^. 
 powers of, 74. 
 
 who may be appointed as, 74. 
 Execution of processes of, by whom, 75. 
 
 fees for, what allowed, 75. 
 feesin, 102, 103, 104. 
 Filing papers, Sec, in, with whom, 74. 
 Forms, &c., what deemed, 88. 
 
 Schedule of, 88, 89, 90, 91, 92. ' 
 Hearing of cause in, at a Circuit Court, Clerk's duty thereon, 79. 
 
 decision, when Judge may deliver, 79. 
 entered at, how, 79. 
 heard at, when, 79. 
 effect of proceeding on Estate, 82. 
 evidence at, how used, 80. 
 / wben and how received as such, 82. 
 
 legal representative, when none, how Judge 
 may proceed, 82. 
 ordered, when, 79. 
 
 publication, when not moved for before, 79, 80. 
 setting down for, for what Court, 80. 
 
 how and at what Court, 79. 
 notice of, SO. 
 witnesses, attendance of, at, to prove, when un- 
 necessary, 82. 
 subpoena for, by whom and how issued, 79. 
 writing, what may be proved at, and when, 82. 
 
 29 
 
xn, INDEX. 
 
 Courts, Equity, SnipTeme,— Continued. 
 Impertinence, effect of, 78, 
 
 not to be excepted to, 78. 
 Infant, Guardian to, 
 
 AppoinfsneDC of, for defence of, How, 94, 95. 
 recognizance, when filed, 96. 
 
 breach of, recovery, 95. 
 report of, how confirmed, 96. 
 when, withoat a reference, 96, 
 Sales, &c.) by, conveyances, &c., evidence of what, 96. 
 
 what to recite in, 96. 
 proceeds of, how invested, &c., 96. 
 
 interest of infant in, what, 96. 
 
 ward of Court when, 96^ 
 report of, with whom to file, 96. 
 Infant heir. 
 
 Specific performance by^ how enforced, &c. 95. 
 Real estate, &c., of, disposal of by, when enabled to make, 95: 
 security, what required and from whom, 95, 
 when not allowed, 95. 
 Trustees, &c. oTlands, &c. when compelled, to convey, how, 95,. 
 
 effect of conveyance, 95, 
 Injunction, bill bow tg be supported by affidavit, 77^ 
 immediate, how granted, 77' 
 order, effect of, 77. 
 
 how dissolved, 77. 
 substitute for writ of, 77- 
 papers in, where to be filed. 77- 
 special only allowed, 77- 
 Interrogatories, in copy of, to whom to be delivered, 78'. 
 
 defendant may file, for what and when, 78. 
 how to he answered, 78, 
 Issue in. 
 
 Injunction, a^pplication for, when suspended, 80. 
 
 jury, attendance of, 80, 
 how summoned, 80. 
 Trial of, how, Sfr. 
 
 ordered by a Judge, when, 80. 
 other proceedings on, as in ordinary cases, 86. 
 subject to what, 80. 
 When Judge may determine legal right, &c., without jury, 80. 
 proceed to hearing and decree, 80", 
 Judge in, extent of powers of, when acting singly, 73. 
 orders, &c., how carried out, 73. 
 
 how, when immediate execatibn necessary, 73.- 
 Judicial notice of what proceedings to be taken by, 79. 
 Master of ike Bolls, office of, abolished, 74. 
 
 salary of, without fees, 74. 
 
 to be one of the Judges in, 74. 
 
 travelling charges of, 74, 
 
INDEX. Xiii. 
 
 Courtg, Equity, Supreme. — Continued. 
 
 Masters and Masters Extraordinary, office of, abolisbed, 74. 
 Mortgage, foreclosure of, 
 
 Assessment of amount due on, when, 97. 
 Decree on, how after sums subsequently due, recovered, 98. 
 order for, what to direct as -to payment, &c. 99. 
 when may be made absolute, 99. 
 
 and what further time allowed, 99. 
 sale of whole mortgage premises ordered, when, 98. 
 Payment by defendant to plaintiff, effect of on suit, 98. 
 
 what and when, 98. 
 Reference ordered as to, what enquiry, 98. 
 Sale on, decreed how and when, 98. 
 
 order for, for what, and contents, 97- 
 on reference, when, 97. 
 officer's duty, 97. 
 
 ■conveyance by, &c. 97. 
 
 effect of, S7. 
 
 evidence of what, and when, 97. 
 ■proceeds of, how applied, 98. 
 
 surplus, disposal of, 98. 
 subsequent incumbrances, how discharged after, S8, 99. 
 Payment of, satisfaction for, how recovered, 99. 
 SE^rties to «uits in, bound by proceedings, when, 81. 
 hearing for want of, abolished, 82. 
 may attend proceedings under decree, when, 81. 
 
 be allowed to add to decree, 81. 
 notice of decree to be served on what, 81. 
 personsbeneficiallyinterested, trustees of, maybe 
 treated as executors, when, 81, 82. 
 when need not be made, 81 . 
 
 when by Judge's order, 82 
 ^ower of a Judge to require person to be made, 82. 
 
 to make further orders relating to, 81. 
 -want of, no objection, in case of execution, &c., 
 against one legatee, &o., 81. 
 legatee interested in legacy, &c., 81. 
 residuary devisee or heir, 81 . 
 
 legatee or next of kin, 80. 
 suits for protection of property, &c., 81. 
 Partition, commissioners in, appointment and number, 100. 
 
 estate, bow and when may be sold by, 1 00. 
 return to, what and when to be made,100. 
 confirmation of,-wbatdecreeon, 100 
 conveyance on, or a copy of, evidence of what, 100. 
 
 when valid, 100. 
 decree in, effect of, as to lands, &c., divided by, 100. 
 
 memorial of, to be registered, &c., 100. 
 in what Court effected, 100. ' 
 
 infant a party in, guardian for, how appointed, 100. 
 
Xiy. INDEX. 
 
 Courts, Equity, Sa^Teme.— Continued. 
 
 Pleadings, admissions, &c., in, determined, how and when, 79> 
 proof of, on what directed, 79. 
 
 time for taking, when to commence, 79. 
 Prisons of, what deemed, TB. 
 Proceedings in, system of, what shall constitute, 73. 
 Process of, service of, how made, 76. 
 how proved, 76. 
 when bill filed with prayer of injunction, what form of, 76. 
 Property, adjudication as to, on questions arising in respect of, in 
 
 settlement, &c., 83. 
 when none to be had, 83. 
 Reference, account charge and discharge in, unnecessary, 93. 
 evidence, what may be used in, 93. 
 examined on oath on, who may be, 93. 
 filing of, who and with whom, 93. 
 officer, when to pass, 93. 
 omissions, how supplied, 93. 
 proved, when to be, 93. 
 report on, what officer to make, 93. 
 adjonrnment of, power of officer to make, &c., 92. 
 examination in, how taken, 93. 
 made, to whom and when, 92. 
 objections on, decided, where noted, 93, 94. 
 exceptions on, not allowed, 94. 
 when made, 93. 
 peremptory order to proceed with, efiect of, 93. 
 
 obtained how and when, 93. 
 referee, when deemed an officer of the Court, 92. 
 report, evidence for argument on, how obtained, 94. 
 
 how heard and decided, 94. 
 exception to, delivered to whom, and when. 94. 
 ordered back, when, 94. 
 summons on, when required, 92. 
 
 witnesses, &c. required on, attendance of,how obtained, 94. 
 disobedience of, proceedings against, and punish- 
 ment for, 94. 
 Repeal of Statutes, IjOO. 
 Returns in, to commissioners, engrossed, how, 79. 
 
 ' opened and used, how, 79. 
 
 Revivor of .?uit in, bill of. Sec, abolished, 84. 
 
 party in, deceased, how affected, 84. 
 transmission of interest, &c., how, 84. 
 Rules, &e., in, authority of Court to make and rescind, 73. 
 in force in, what, 73. 
 made by Judges, or majority, when, 73. 
 modified, how, 73. 
 Schedule, Fees, table of, 102, 103. 104. 
 Sheriffs, &c., to aid, &c., when required, 74, 76. 
 
INDEX. XV. 
 
 Coarts, Equity, Sufreme.— Continued. 
 Special Sittings of, when, 74. 
 Solicitors uf parties in, duties and povrers of^ ^^, 
 Subpoena on Bill in, abolislied, T6. 
 Supplemental Bill in, abolished, SS. 
 General Sessions of the Peace, 
 Adjournment of, 390. 
 
 causes, $;c., heard at, effect of, 390. 
 no trial to be had at, 390. 
 Marriage, e^nd Divorce, 
 
 Causes, &c., in, before whom, how, and when heard and determined, 
 
 525,327,328. 
 CommissioA for, Ctuef Justice, &c., may hold, by, when, 326. 
 
 powers, &c., of, 326. 
 Contempt of^ proceedings, 329, 330. 
 Grounds for divorce, 326. 
 
 Husband, when not deprived of tenant by courtesy, 327. 
 Issue, when got bastardized, &c. 326, 327. 
 Powers of what Courts not taken away, 225, 326, 328. 
 Processes, &c., prescribed, &c>, how and by whom, 330. 
 Quorum, 325, 328. 
 Schedule, 330* 331. 
 Sentence, ^c, of, effect of, 326. 
 Terms of, commeDcem^ll^and continuance of, 329. 
 , Wife, when not deprived of her dower, 327. 
 Oyer and Terminer, &c. 
 
 Special Courts of, when held, 106. 
 
 powers, &c., of, how authorized, 107. 
 Stimniary causes in, , 
 
 Acts, &c., repealed, 365. 
 
 saving clause, 365, 366. 
 Amount in, what not to ezdeed, 366. 
 Appearance, &e., by defendant, how effected, 366. 
 Assessment of damages in, by Judge, how, and 'when, 367. 
 
 jury, when, 367. 
 Attorneys not privileged in, 368. 
 
 when not to commence action in, 369. 
 Bail, amount for which defendant may be arrested, 367. 
 Copy of writ, &c., in,, served on whom, 366. 
 Costs, &c., in, taxed by whom and when, 367. 
 
 what party deprived of, and when, 370, 371. 
 ' right to, how restored, 371. 
 
 Declaration, where inserted, 366. 
 Defence in, party let in for, when, 366, 367. 
 Default, judgment by, entered, when, 366. 
 Demurrer io, filed how, and when, 367. 
 
 jadjfment on, arrest of, not allowed, 367. 
 
 damages, how and when assessed, 367. 
 given, how, 367. 
 
XVI. INDEX. 
 
 Courts, Sninmary causes in. — Continued. 
 
 Determined, by what prinoiple, 366. 
 Evidence, by what, to try, 366. 
 Execution, when not to issae, 363. 
 Fees in, 369, 370. 
 
 example of, in taxed costs, 371. 
 on service of process, when not allowed, 371. 
 General issue in, evidence under, 367. 
 
 on what condition, 367. 
 Habeas corpus for removal, not allowed, 369. 
 Judgment in, entry of, in vacation, 368. 
 
 in what bork, and by whom, 368. 
 copy of, when evidence, 368. 
 Execution on, lands may be taken nnder,368. 
 not to be bound by, 368. 
 teste of, 368. 
 Nature of, 366. 
 
 Ordinary practice, when to govern, 369. 
 Flea in, what not allowed, 366. 
 Rules, &«., in, established, &c., by whom, 369. 
 ' Sheriff, &c., when may be proceeded against, in, 366. 
 Taxed hill of costs in, copy of, fee for, 368. 
 
 filed, when, 368. 
 Terms, construction of, 1^369. 
 Tried, how, 366. 
 
 what to be, 366. 
 Venue in, changed, how, 368. 
 
 when, how, and where tried, 368. 
 inserted, how, in Supreme Court writ, 368. 
 Verdict, final, 366. 
 Supreme, Actions in, 
 
 Abatement, plea in, allowed for, what, 349. 
 > costs in, what defendant entitled to, 349. 
 
 judgment on, for plaintiff, when, & against whom, 349. 
 liability of person named in, evidence of, 349. 
 
 oflfered by whom, 349. 
 not allowed for misnomer, 349. 
 
 amended, how, 350. 
 verified, how, 349. 
 Amendment of writs, &c. in, endorsement on, at Nisi 
 
 Prius, 351. 
 by whom and when made, 350. 
 
 upon what terms, when party not 
 prejudiced by, 350. 
 when prejudiced by, 350. 
 facts may he found by Jury, when, 351. 
 finding of, when to be stated, 351. 
 party dissatisfied, remedy, 351. 
 trial afler, how proceeded with, 351. 
 
INDEX. XV11. 
 
 Courts, Supreme, Actions in. — Continued. 
 
 i^rbitrators in, appointment of^ at Nisi Prins, revocable, 
 hovP and when, 351, 352. 
 attendance of, required, how long, 352. 
 award of, filing of, officer to mark day of, 352, 
 judgment on, rule for, entered, when, 352, 
 stayed, by whom and when, 352. 
 documents before, how to be produced, 352. 
 
 when need not be, 352. 
 reference to, when proceeded with, 352. 
 
 witnesses, attendance at, enforced, how, 352. 
 false swearing by, punishment, 352, 
 sworn by, where and when, 352. 
 Bail in, Common, filed, how, when party served with 
 
 process, 353. 
 Special, affidavit, made, &c., how, 353. 
 
 if out of the Province, 353. 
 Amount, endorsed, on what, 353. 
 
 party may be tolden for, 353. 
 Corporations, appearance for, entered, how and when, 355, 
 first process against, form of, 353. 
 served, and how, 355. 
 
 if foreign Corporation, 355, 
 effect of, 355. 
 proc^#ings, by original, against, abolished, 355. 
 Costs in, defendants entitled to, as to any Court, &c. 
 
 when, 356, 
 ^ when one or more entitled to, 356. 
 executors, &c., liable to, when, 355. 
 recovered, how, 355. 
 saved from being, how, 356. 
 " Damages, assessment of, in, in assignment of breaches, 
 
 when by Jury, 358. 
 actions of covenant, 357. 
 debt, 357. 
 exception, 357, 
 upon promises, 357. 
 judgment on, costs when taxed, 357. 
 execution on, when to issue, 357, 
 signed, when, 357. 
 
 when to stand as further 
 breaches, 358. 
 
 proceedings therein, 358, 
 made, when, 367. 
 
 and how by Jury, 357. 
 interest on by way of, allowed by Court, when, 358. 
 on stay of judgment, 359. 
 Jury, when, 358. 
 from what time, 358, 359. 
 entry of judgment, form of, by whom prescribed, 359' 
 Jury may give, above value of goods, &c., when, 359 
 above money recoverable on Policieb of 
 Insurance, 359, 
 
XVm. INDEX. 
 
 Courts, Supreme, Actions ra.^Continued, ., . 
 
 Exectition in, bail, &iing of, not affected by, wbat, 360. 
 issaed, within what time after judgment, 360. 
 
 when, nothwithstanding, venue, 360. 
 levy on, for what, besides amount of judgment, 361. 
 
 rent to be paid out of proceeds of, what, and 
 when, 361 
 proceedings, who nut to be affected thereby, 361, 
 testatum clause in, omission of, no irregularity, 360. 
 Executors, &c. in, suits against, for injury to real or personal 
 property maintained, when, 360. 
 by, for injury to real estate of deceased, 
 
 maintained, when, 359. 
 damage recovered hy, wbat estate to form 
 
 part of, 360. 
 may distrain, after term, &c. expired, 359. 
 for what arrears of rent, 359. 
 Exemplifications, &c. in, costs of, how taxed, 345. 
 Initials, when and in what proceedings in, may be used, 
 
 361,362. 
 Notes in, consideration of, what deemed prima facie 
 
 of, 362. 
 Particulars Of demand in, effect of, 362. 
 
 evidfipce of set off, how effected by, 362. 
 further, how and when ordered, 362. 
 set aside, when may be, 363. 
 stay ot proceedings, when, 362. 
 Personal, amends in, how and when made, 362. 
 in what cases excepted, 362. 
 rules, &c. respecting, when made, 362. 
 Fleas in, of several matters.may be without rule, 363. 
 
 when may be set aside, 363. 
 Process in, service of, how made, 363, 364. 
 when and how confirmed, 364. 
 Special case in, judgment how and when entered, 363. 
 
 stated when, 363. 
 Terms in, construction of, 364. 
 
 Witnesses in, what questions cannot refuse to answer, 364. 
 Postea in. Clerk's duty on production of, 340. 
 
 entry on margin of, on last day of Court, by whom, 340. 
 judgment on, entered as judgment of Court, 341. 
 execution on, teste, &c., 341. 
 
 when may be stayed, 341 . 
 signed, how and when, 340. 
 
 postponement of, when, 340. 
 stayed, &c., when, 340. 
 vacated, when may be, 341. 
 Commissioner^ for taking affidavits in, 342. 
 how issued, 342. 
 wheti valid, 342, 
 
INDEX. XIX. 
 
 Courts, Supreme, Actions in. — Continued, 
 
 Ejectment, actions of, in, joint demise in, effect of, 379. 
 Exemplifications in, costs of, hove taxed, 345. 
 Sitting! of, adjournment of, effect, 332. 
 hotr and when made, 332. 
 rules, &c. as to, bj wliom made, 332. 
 trials, &c> at, none to be, 332, 333. 
 rules relating to, when made, 341. 
 writs in, teste, and return of, 333. 
 Term of Easter in, commencement and continuance of, 346. 
 established, 346. 
 extended, how, 346. 
 proceedings what, not affected, 346. 
 teste of, writs in, additional day for, 346. 
 Trinity in, 
 
 additional day for teste, &c. in, 339. 
 commencement of, when, 339. 
 commission for, unnecessary, 339. 
 
 Oyer, &c., at, unnecessary, 339. 
 crimes, &c., how en(^uired of, &c. at, 339. 
 extended, how, 339. 
 holden, when, 339. 
 
 records, &c., for trial, how sued out, 339. 
 Sheriff, attendance of, and officers at, 340. 
 sittings after, Clerk at, who to be, 340. 
 Tried at, what maybe, 339. 
 
 punishment of, for neglect, 340. 
 to return all writs, &c., at, 340. 
 Juries, 
 
 Clerk, fine of, application of, 407. 
 for what, 406. 
 recovery, 407. 
 Exempts from serving on, 407. 
 Fines of, applied, how, and by whom, 403. 
 imposed by whom, 405. 
 list of, made, when, and by whom, 403. 
 paid to whom, 403. 
 powers of, what Courts, over, 406. 
 recovered how, 403, 409. 
 Treasurers of Counties, allowance to, for services, 406. 
 duty of, as to, 405, 406. 
 
 neglect of, punishment, 406. 
 Writs for, Clerk's duty as to Sheriff's neglect, 404, 
 of Circuits, duty as to issuing, 405. 
 . Sessions, &c., 405. 
 delivered to, whom, 403. 
 Sheriff's duty thereon, 403. 
 
 neglect of, punishment, 404. 
 tender of money before issue of, effect, 404. 
 several, ordered by whom, 405. 
 
 30 
 
XX. INDEX. 
 
 Courts, J mies,— Continued. 
 
 List ef, kept, where to be, 409. 
 
 made, how, ailcl hy whom, 409. 
 BO person to be empannelled, unless in, 409. 
 returned to whom, 409. 
 Repeal of Acts relating to,-393, 394. 
 
 saving clause, 394. 
 Schedule of forms, 407, 408. 
 Sheriff, compensation for returns of; 403. 
 fines, application, 407. 
 for what, 406. 
 recovered by whom, 407- 
 Jnry^ Orand, 
 
 Attendance at adjourned Sittings, when, 400. 
 
 liability for neglect of, 400. 
 Challenge to array of, when allowed, new summoned, 398. 
 
 how and by whom, 398. 
 fines, &c., for non-attendance, 398. 
 grounds of, what good cause of, 395. 
 what not, 397. 
 Fined, Applied how, 401, 
 
 excuse from being, how and when, 401. 
 how, and when, 401. 
 levied how, 401. ., 
 Foreman of, appointed how, 411. 
 New, Clerk's duty as to, 398. 
 fine, &c., liability of, 398. 
 
 ordered, how and when, 398. 
 Sheriff's duty thereon, 398. 
 Number of, 395. 
 Powers of, 396. 
 Qualification of, 394. 
 Inquiry, 
 
 Fees of, 402. 
 
 Fined for non-attendaiice, how, 401, 402. 
 
 Clerk's duty thereon, 402. 
 Qualified how, 400. 
 Petit, 
 
 Attendance at adjotiriied Sittings, when, 400. 
 
 liability for neglect of, 400. 
 Capital case, Clark's duty thereon, 399. 
 fined, how and when, 400. 
 names of, in, for trial, called how, 40L 
 
 when, and from what, 40L 
 ordered, when, 399. 
 pannel exhausted, proceedings, 400. 
 Sheriff's duty thereon, 400. 
 Causes to be tried by, whfen to be entered on doeket, 391. 
 Challenge to, good cause of, what, 395. 
 
 what not, 397. 
 
INDEX. XXI. 
 
 Coarta, Jury, Petit. — Cmtirmed. 
 
 Commission, special, for, Clerk's dnty as to, 395, 396. 
 
 neglect of, liability, 396. 
 Sheriff's duty, 395, 396. 
 
 neglect of, liability, 396. 
 Drawn, how and by whom, 396, 397. 
 when first jury out, 397. 
 Empowered to try causes, when, 396. 
 Fines of, application of, 401. 
 
 excused, how and when, 401. 
 how and when, 401. 
 levied, how, 401. 
 Number of, 395,411. 
 Payment of, fund for, Act relating to, construction of terms in, 
 
 392, 407. 
 continuance of, 393. 
 costs in the cause, when, 393. 
 distributed, how, 392. 
 paid in, how and when, 391, 392. 
 special juries excepted, 392. 
 Peremptory challenge of, limited, 398. 
 
 number, what and when, 397. 
 
 right of, what, saved, 398. 
 Qualification of, 394, 395. 
 Second, Clerk's dnty thereon, 399. 
 fines, &c., what, 399. 
 number of, to be summoned, 399. 
 ordered, may be, when, 399. 
 
 Sherifi^'s duty thereon, 399, 400. 
 Summoning of, effected, how and when, 396. 
 Tales for, how named, 397. 
 Special, 
 
 Clerk, when interested, who to strike, 396.' 
 Fees of, allowed, how and when, 402. 
 List of, certified, how, 410. 
 
 delivered to whom, 411. 
 taken from what, 410. 
 Struck, before whom, 410. 
 how, 410, 411. 
 
 ordered, to be, when, 409, 410. 
 Summoned, how and when, 411. 
 View, Named, how, 398. 
 Number of, 398. 
 Sworn, how, 398. 
 Non.bailable process in. 
 
 Service of, on agent, Ssc. of non-resident, how, 377- 
 
 party temporarily leaving Province, 377. 
 when deemed good, 377. 
 
iXH. INDEX. 
 
 Courts. — Continued, 
 
 Pleadings in, Act of Parliament, what Section repealed, 372. 
 Declaration, containing seTeral counts, 
 
 costs on, when allowed, 373. 
 prevented, when, 373. 
 when verdict against Plaintiff, 373. 
 Defendant, notice hv, answered, &c. how, 372. 
 
 exception as to Execntors, &e. 372. 
 
 in Replevin, 372. 
 form of, what, 373. 
 met on trial, &c. how, 372. 
 sufficient, when deemed, 373. 
 what and when, 372. 
 plea by, what may give in, 372. 
 
 evidence besides, by what, 372. 
 Costs allowed, when for only one count, 373. 
 
 on what certificate, when more than one count, 373. 
 Proceedings in. 
 
 Amendment on motion to set aside, 375. 
 Christian names, &c., how used in, 373, 374. 
 
 abatement, plea of, for want of, filed how and when, 374. 
 declaration amended after, how and when, 374. 
 exception, of what section of what Act, 374. 
 not irregular, when, 374. 
 Foreign Corporations, against, contracts of, how proved, 376. 
 
 to what to extend, 376. 
 how and when, 376. 
 Render in. 
 
 Bail exonerated, when, 354. 
 Commissioner may order, when, 354. 
 Effected, how and by whom, 354. ^ 
 
 in Common Pleas, 354. 
 when party in castody, 354. 
 Sheriff, when charged with custody of party on, 354. 
 Replevin, 
 
 Act relating to, 
 
 what proceedings not to effect, 344. 
 when to take effect, 344. 
 Damages given to defendant in, when, 342, 343. 
 judgment thereon with costs, &c., 343. 
 Forms in, applicable to what Courts, 343. 
 
 framed by whom and when, 343, 344. 
 observed, when to be, 343. 
 published, when to be, 343. 
 Goods taken in, judgment thereon entered up, how, 343. 
 stated in verdict, how, 343. 
 value of, awarded to defendant, when, 343. 
 vested in plaintiff, when, 343. 
 Pleas in, number of defendant may give, 372. 
 
INDEX. ZXIII. 
 
 Contia.— Continued. 
 Scire Facias, 
 
 Appearance without Bervice of, when Conrt may order, 335. 
 
 Costs on, what party entitled to, 356. 
 
 Directed, to whom, 335. 
 
 Judgment revived by, when not necessary, 360, 361. 
 
 Nihils abolished, 334. 
 
 Proceedings on, 334. 
 
 Served, by whom may be, 334. 
 
 Service of, defendant in Province, how, 334. 
 
 out of Province, how, 334. 
 good, what equivalent to, 334, 335. 
 Summons, 
 
 Against Members of the Legislature, 333. 
 Appearance on, by defendant, time, 333. 
 
 entered by plaintiff, how and when, 333. 
 Privilege from arrest, not affected by, 333. 
 Witnesses in, 
 
 Depositions of, evidence in what causes, 331. 
 
 exceptions, what aIIowed,,331, 332. 
 
 false swearing, &c,, penalties, 332. 
 
 Quakers may aflfirm, 332. 
 
 returned how, and by whom, 331. 
 
 taken, notice of given, how, and to whom, 331, 
 
 when may be, 331. 
 when not to be used, 331. 
 Examinations of, by Commission or Order, 
 addressed how, 338. 
 attendance of, at, how enforced, 336. 
 closed up, how, 338. 
 costs of, &c., how taxed, 337. 
 document, witness need not produce at, 337. 
 false swearing, &c., at, how punished, 337. 
 opened before trial, when, 338. 
 ordered by whom, and when, 335, 336. 
 proceeded with, how, 337. 
 production of writings by, at, how enforced, 336. 
 ^ read in evidence, how, and when, 338. 
 
 report, opecial of, 337. 
 rules, relating to, when made, 
 taken, how, and by whom, 336. 
 When not incompetent in questions of rates, &c., 378. 
 prisoner, how brought up for examination, 337. 
 Debt, Funded, 
 
 Act authorizing loan, 2. 
 
 Amount of, borrowed from, where, 2. 
 
 instalments paid, 2. 
 Payment of, sanctioned, 2, 3. 
 
XXIV. INDEX. 
 
 Decisions of Supreme Court, 
 
 Act relating to, continaance of, 1 19. 
 
 limitation of, 119. 
 Reporter of, annual sum to, 118. 
 
 how paid, MS. 
 appointment of, 118. 
 Reports of, copies, number of, 118. 
 
 published when, 118.. 
 .copyright, in whom vested, 118. 
 
 infringement of, liability, 118. 
 how, and what, 118. 
 Demurrer. See Courts, and EquUy, 
 Disclaimer. See Courts, cmd Equity. 
 Divorce. See Courts, Marriage and Divorae. 
 Equity. See Courts, Supreme in Equity. 
 Examinations. See Courts. 
 Executions. See Courts, Supreme. 
 Executors. See Courts, and Equity. 
 Fees of Supreme Court in Equify, Table of, 102. 
 Clerk, 103. 
 Counsel, 104. 
 Examiner, &c., 102. 
 Sergeaut-at-Arms, 104. 
 Sheriff, 104. 
 Solicitor, 103, 104. 
 Fisheries, Coast, and Illicit Trade, 
 
 Actions against officers, &c., proceedings, 159. 
 
 when to ba brought, 159, 160. 
 Amends, tender of, made when and to whom, 159. 
 
 pleaded, when, 169. 
 Appeal from decree, &c., allowed, when, 160. 
 Boats, seized, by whom, 158. 
 
 when may be, 158. 
 Claim, admitted when, 159. 
 made how, 159. 
 
 security on, being, 159. 
 
 want of, effect, 159. 
 what, 159. 
 Costs, claimant when not entitled to, 159. 
 plaintiff when not entitled to, 159. 
 Coasting Boats, description of, to be furnished, 160. 
 
 by whom, 160. 
 to whom, 160. 
 certificate of, 160. 
 contents of, 160. 
 distinguished how, when owned in Bay of Fnndy, 160. 
 
 on Gulf coast, 160. 
 number of, painted. Sec. on, how and where, 160. 
 owner of, when fined, and amount, 160. 
 seized, when may be, and how dealt with, 160. 
 
INDEX. XXT* 
 
 Fisheries, Coast, and Illicit Trade. — Continued. 
 
 Coasting Vessels, keel of, how to be made, 160. 
 
 without such, liable when, and for what, 160. 
 amount, what, 160. 
 
 recovered by whom, 160. 
 rights reserved, what, 160i. 
 owned, where, 160. 
 trade, what engaged in, 160. 
 what not to extend to, 160. 
 Damages, when plaintiff entitled to two pence, 159. 
 Evidence, burthen of proof, on whom, 15ii. 
 
 oral, received, when, as to person seizing, 158. 
 Goods, &c. seized, by whom, 158. 
 
 delivered to whoni, 158. 
 
 destroyed, when, 158. 
 
 may be, what, 158. 
 
 re-delivery, when Judge may order, 158. 
 
 security, 158. 
 sale of, how effected, 158. 
 
 prodnce of, application, 1.^8. 
 secured, how, 1 58 
 Officer, what, appointed a Justice, how and when, 161. 
 continuance in office, 161. 
 jurisdiction of, 161. 
 Penalty against Master, &c., for not answering questions, 157. 
 
 Owner, &e. making false, &c. description, &c., 161. 
 for conspiring, &c. with foreigner as to transfer, &c., 161. 
 
 making false, 8sc. declaration, &c. as to sale of what vessel,161. 
 opposing, &c. officer, &c. seizing, &c. vessel forfeited, 158. 
 wilfully, &c. aiding foreigner, when, 161. 
 prosecnted, by whom, 158. 
 
 in whose name, 158. 
 when, 158. 
 Terms, construction of, 161. 
 Vessels, boarded by what officer and when, 157. 
 brought into port, when may be, 157. 
 foreign, what, forfeited, when, 157. 
 forfeited, when, 157. 
 searched, what and by whom, I&7> 
 
 who examined) on being, and how, 157. 
 Fish, Dry and Pickled, 
 Cod, qualities of, 418. 
 
 Exported, without pickle, when may be, 414. 
 Imported, what, may be exported without inspection, 414., 
 
 when may tie inspected, 414. 
 Inspector of, appointed by whom, 412, 413. 
 
 assistance, when may employ, 415, 416. 
 
 what amount may charge for, 416. 
 
 recovered, for whom, 416, 
 
XXVI. INDEX. 
 
 Fish, Dry and Pickled. — Continued. 
 
 iDspector of, bonds, when to give, amount, 413. 
 
 duty of, as to inspection by, 413, 414. 
 liable for insufficient brand, 415. 
 
 refusing, &c. to do duty, 415. 
 where fish inferior to brand, 41?. 
 
 recovery, 418. 
 obtain copy of Act, for what, 413. 
 when, 413. 
 paid, at what rates, 415. 
 
 by whom to be, 414, 415. 
 acting as, when fined, 413. 
 sworn, to be, when, 413. 
 Penalties, application and recovery of, 416, 417. 
 Penalty against Master of vessel, for what and when, 415. 
 for exporting damaged fish, 414. 
 
 selling, &c. before inspection, 416. 
 shifting, &c. after branded, 414. 
 proseeations for, when to be brought, 416. 
 Remedy when owner dissatisfied with inspection, 417. 
 Sold without inspection, what, when, and by whom, 417. 
 Tierces, kc, branded, bow, 412. 
 made, how, 412. 
 quality of. 412. 
 Vessels, &c., detaining of, aid how demanded, 416. 
 how and when, 416. 
 taken, when and for what, 416. 
 Grammar Schools, 
 
 Acts relating to, what repealed, 190. 
 
 saving clause, 190. 
 Board of, bye laws, &c., when in force, 191. 
 corporate powers of, what, 190. 
 duties of, 190, 191. 
 formed, of whom, 190. 
 inspection by, 211, 212. 
 report of, contents, 212. 
 
 when, 212. 
 transmission by, of what, 212. 
 to whom, 212. 
 Grant, annual, for each County, 191, 192, 195, 209, 210, 212, 213, 214. 
 drawn, on what certificate, 192. 
 entitled to, when, 192. 
 paid how, 192, 195. 
 re- appropriated, when, 191. 
 reduced, how and when, 212. 
 Master, Ssc, licenced, when to be, 191. 
 
 when not allowed to subscribe, 192, 193. 
 who not eligible to be appointed as, 193. 
 Register, copy of, furnished, to whom, 211. 
 
 kept, what, how, and by whom, 211. 
 
INDEX. XXVll. 
 
 Grammjyr Schools. — Continued. 
 
 Beturn, nature of, furpished ta whom, 211. 
 Saving clausp as to Masters, Bye Laws, &c., 193. 
 Scholars, attendance pf, daily, 211. 
 
 average of.BUmber and age, 211. 
 free, numher of, 191. 
 taught what, 191, ?11. 
 Trustees of, accountable for what and to whom, 193. 
 
 appointed by whom, andfor where, 190, 195, 209, 210, 212, 213, 214. 
 Visitations, &c., by whom and when held, 191, 207, 208. 
 Saint Andrews, 
 
 Board of, accountable for what, 183. 
 to whom, 183. 
 duties of, 182. 
 formed of whom, .182. 
 president of, who, 182. 
 summoned, by whom, 182. 
 vacancy in, how supplied, 182. 
 visitation Sec, by whom held, 183. 
 Grant, annual, application, 183. 
 to whom, 183. 
 for building, amount, 183. 
 Incorporated, how, 181, 182. 
 Scholars in, free, admission, 183. 
 number of, 183. 
 Saint John, 
 
 Board of, accountable for what, 181. 
 to whom, 181. 
 duties of, 180. 
 formed of whom, 180. 
 leases by, how granted, 208, 209. 
 
 ofwhat, 208, 209. 
 president of, who, 180. 
 summoned, by whom, 180. 
 vacancy in, how supplied, 180, 181. 
 visitation, &c,, of, when to be held, 194. 
 Grant, annual, applied, how, 181. 
 for Usher, 193. 
 to whom,''l81. 
 when to cease, 181. 
 for building, amount, 181. 
 Incorporated, how, 179, 180. 
 Scholars, free, admission, number, 181. 
 
 Victoria County, what Sections ofwhat Act extended to, 214. 
 Grand Jury. See Courts, and Liquors, Spiritmus, 
 Grants, conditions, &c. in, when need not be copied, 345. 
 Copy of, evidence, when, 344, 345. 
 Of land in Nova Scotia, when, what parts of, and how proved, 345. 
 
 to Justices, for public uses. Act revived, 59, 60. 
 Flan, annexed to, when to be copied therewith, 345. 
 
 31 
 
XXVIH. INDEX. 
 
 Hemp, Bounty for, affidavits filed when, 220. 
 
 with whom, 220. 
 forms of, 219, 220. 
 Bworn before wtom, 220. 
 amount of, lowest, granted for, 221. 
 what not to exeeed, 219. 
 application for, arranged how, 220. 
 
 duty of Justices on,^20. 
 submitted, how, 220. 
 
 to whom, 220. 
 false swearing, %c., punishment, 221. 
 paid, at what rate per cwt., 219. 
 for what years , 2 1 &. 
 to whom, 219. 
 party entitled to, when, 219. 
 
 how to be prepared by, for, 219. 
 warrant for, and for Clerk's per centage, 220, 221. 
 Growth of, encouragement of, 219. 
 Home Manufacture. See Society of New BrunswioJc^ 
 Initials. See Courts, and Supreme, and Equity. 
 Judgments. See Courts. 
 Justices in Civil Suits, jurisdiction of, as to Corporations, 107- 
 
 forms of proceedings against, 107- 
 Literature. See Grammar Schools. 
 Liquors, Spirituous, 
 
 Act, limitation of, 70. 
 read, when to be, 69. 
 relating to, what repealed, 64. 
 Grand Jury, attendance of witnesses before, 69, 69. 
 charged, how, as to Act, 69. 
 list of licences, to receive, 69. 
 presenting offenders, proceedings, 69. 
 House, &c., to be sold in, under licence, 66. 
 Incorporated Counties, Clerk's duty, who to do in, 70. 
 
 licences in, granted by whom, 79. 
 Licences, amount paid for, 64.- 
 
 to whom, 64. 
 annulled, when, effect, 68. 
 fee to Clerk, what, 64. 
 forfeited, on enticing- seamen, 68. 
 granted, at what Sessions, 65. 
 by whom, 64. 
 for what purpose, 64. 
 to whom, 64. 
 in force, how long, 64. 
 
 remote situations, amount, 64. 
 lists of, forwarded to whom, &c., 68. 
 money received for, how disposed otj 64. 
 not to sell without, 64. 
 
INDEX. XXIX. 
 
 liiqnors, Spirituous.— Cojrfmwfl'. 
 
 Licences, qualifications for persons obtaining, €5. 
 
 recognizance on, &5. 
 Licencee, death, &c. of, licence continued, when, 66., 
 recognizance on, 66. 
 Mayors of Saint John and Frederiftton, 
 licence by, what may grant, 69. 
 
 powers not interfered with, 69. 
 sum may demand for, 69. 
 to what use applied, 69. 
 Penalty, applied how, 69. 
 
 for allowing minors, &c.. to drink, &c., when, 67. 
 buying, &c., soldiers' accoutrements, &c. 68. 
 receiving pawn, 66. 
 recovery of, mode, 66, 67. 
 seducing, &c., soldiers to desert, &e'., 67, 68. 
 selling illegally imported liquors, 67. 3 
 in booths, sheds, &c.j 70. 
 on Lord's day, 67. 
 
 conviction for, 67. 
 prima fecie liabli;, when, 67. 
 without consent of master, &c., to whom, 67. 
 licence, 66. 
 wholesale dealer, allowing liquor to he drunk on premises, 66. 
 selling less quantity than allowed, 66. 
 paid to whom, 69, 70. 
 prosecutions for, before Sessions, costs, 70. 
 
 forms to be used, 70. 
 process, by whom issued, 70. 
 signed, 70. 
 out of Sessions, costs, proceedings, 70. 
 proof, burthen of, on offender, when, 70. 
 prosecutor for, competent witness, 70. 
 Remedy, not allowed for sale of, 66. 
 pawn to be restored, &c. 66. 
 securities, deemed fraudulent, &c. what, 66. 
 Rules, &c. breach o^ proceedings, 65, 66. 
 made by whom, 65. 
 penalties iii, recovery of, 65. 
 wh^, 65. 
 Special Sessions, authorized to grant licence, how and when, 70. 
 Wholesale dealers in, smallest quantity allowed to sell, 65. 
 
 where not to allow same to be drunk, 65. 
 Witness not bound id criminate himself, 69. 
 Manridge and Divoree. See Courts. 
 Members of Asseimbly, proceedings against. See Com^. 
 Militia Commissions, fees on, reduced, 117. 
 Misjoinder. See Cowts, Equitt/ : Co' Plaintiff's. 
 Money paid into Court. See Courts, Supreme : Ameiids, 
 
XXX. INDEX. 
 
 Municipal Authorities, 
 
 Collectors of Rates, duty of, as to lists, &c. 49. 
 
 punishmeat of, for neglect, 49. 
 Corporation, expenses of obtaining, laid before whom, 50. 
 
 paid, bovr and when, 50. 
 petition for, to Sheriff, by whom, 49. 
 subsequent meetings, to obtain, called, how, &c. 60. 
 Tavern licences, &c. granted by, how and when, 7-0. 
 Presiding officer, duty of, as to receiving votes, 49. 
 
 what question to submit at meeting, 49. 
 who, at Shire Town, 49. 
 in other Parishes, 49. 
 Sections of what Act repealed, 48. 
 
 what not affected by, 48, 49. 
 Sheriff, adjournment of meeting by, when, &c. 49. 
 casting up votes by, and declaration of, SO. 
 certificate of, what and when, 50. 
 notice by, of rate payers to decide upon, 49. 
 contents of, 49. 
 published, how, 49i 
 Town Clerks, duty of, as to returning lists of voters, 50. 
 Notes. See Courts, Supreme. 
 Ordtiance Department, Lands accepted, &o. by, by what style. 111. 
 
 for what purpose. 111. 
 what may be. 111. 
 actions, &c. relating to, how brought. 111. 
 conveyed by, what may be. 111. 
 estate in, confirmed, to what extent. 111. 
 in Fredericton, enclosed by, how may be, 112. 
 
 entered upon by, what may, 112. 
 
 for what uses, 112. 
 
 gates, erected on, when, 113. 
 
 opened, when, 113. 
 river, &e. not to be interfered 
 with, 113. 
 vested, in whom, how, &c., 113. 
 other, how vested in, 110, 111. 
 by what style. 111. 
 for what estate. 111. 
 title to, vested in, 109. 
 what, vested in, 110. 
 
 by what name, &c. 110; 
 for what service, 110. 
 
 what' trust, 110* 
 Justices for York County, 113. 
 on what trust, 113^ 
 Parish Officers, additional, appointed, when, 60. 
 
 elected, when, 60. 
 Particulars. See Cowts, Supreme. 
 
INDEX. XXXI. 
 
 Pleas. See Courts, Supreme. 
 
 Rai^vray Company, European and North American, 221. 
 Accounts of, audited, when, 273. 
 
 delivered to auditor, when, 273. 
 laid before Legislature, 245, 
 
 how and what, 245. 
 made up, when, 273. 
 Acts, facility for, deemed part of what Act, 255, 256. 
 preferred to what line, 256. 
 when to come into operation, 252. 
 Acts, amendment of, incorporated with what, 260, 275, 276, 
 
 repealed, what, 260, 261, 276. 
 Actions by, against shareholders, when, 228, 229, 
 declaring in, mode of, 229. 
 
 on trial of, evidence of being shareholder, what, 229. 
 proved at, what, 229. 
 
 what not, 229. 
 recoverable at, 229. 
 recovered in, what, 229. 
 Actions, &c., evidence in, what may be given, 251. 
 limitation of, 251. 
 pleaded in, what may be, 251, 
 Address Book of Shareholders, where kept, 227, 268, 
 Affidavits, of what facts to be evidence, 230. 
 Agent for, in Great Britain, 
 
 acts of, to bind Company, 269. 
 appointed, how and when, 269. 
 compensation to, how and by whom, 269, 
 duties of, defined, &e,, by whom, 269. 
 
 performed, &c., how, 269. 
 re-appointment of, when, 269. 
 removal of, 269. 
 Auditors' Accounts, what to be delivered, and to whom, 243. 
 continuance in office, 243, 273. 
 duty of, 243, 
 elected, by whom, 243. 
 
 when, 273. 
 member of, 243. 
 powers of, 243. 
 ctualified, how, 243. 
 re'eligible, when, 243, 273. 
 report, &c, of, when read, 243. 
 vacancy of, how filled, 243. 
 Bells, placed where, 239. 
 
 procured, by whom, 239. 
 rung, how long, 239, 
 
 when, 239, 
 weight of, 239, 
 Bond holders, entitled for shares, to what, 272. 
 on subscriptions, to what, 271. 
 
XXXU. INDEX. 
 
 Railway CompaDy, E. 8s N. A. — Continued. 
 
 Branch Railways, made by^ wlien may be, 226. 
 used by, when, 247, 
 
 under what regoJatious, 247. 
 Breakmen, number of, on each train, 239. 
 Breaks, number of, on ea«h train, 239. 
 Carriages, &c., construction of, who to regulate, 246^ 247. 
 Charter of, when not to be revoked, 233. 
 Connection by, with other Railroads, when-, 233, 252. 
 Construction of, limitation as to time for, by, 252. 
 Consulting Engineer for Province, appointment', 252. 
 Contracts by, may be made with, how, 233. 
 
 whom, 233. 
 Crown Lands, what, may enter upon, 231. 
 
 authorityto, 231. 
 purpose of, 231,232. 
 what may be granted to, 232. 
 Debentures, for Provincial shares in, 262. 
 advanced by way of loan, 263. 
 amount of, what, 263. 
 authorized, by whom, 263. 
 drawn. &c. when, 262, 
 faith, &c. of Province pledged for, 264. 
 
 subject to what liability, 264. 
 first mortgage, on what, 263.; 
 interest on, payable when and where, 262. 
 loan on, amount how ascertained, 264. 
 receipt for, evidence of what, 264. 
 payable, bow, 263. 
 restrictions as to, what, 263. 
 signed, &c. when, 
 Directors in, appointed, how, 240, 241, 257. 
 
 casting vote at meetings of, in whom, 240. 
 
 chosen, how, 240, 241, 257. 
 
 continuance in office, 260. 
 
 disqualification of, what, 25?. 
 
 extraordinary meetings of, called by whom, 242. 
 
 going out of office of, bow and when, 273. 
 
 Government, appointment of, 258. 
 
 what and when to manage, &C. 257) 258. 
 not allowed to vote, when, 258. 
 number of, 240, 241, 257. 
 officers, what may appoint, 242. 
 President at meetings of, who, 241 , 241. 
 proxy of, how many votes may give, 257. 
 
 when may vote, 257. 
 quorum, 257. 
 
 salaries, &c. what may regulate, 242< 
 snbjeat to what bye laws^ 242. 
 
INDEX. XXXUl. 
 
 Railway Company, E. & N. A. — Continued. 
 Directors in, vacancy in, how supplied, 242. 
 
 vested in, what, 240, 241 . 
 Dividends of, declared, of what and when, 250, 251. 
 not to he paid, nntil when, 251. 
 what sums may he get aside hefore paying, 251. 
 • for what, 251. 
 Draining Rivers, &c. hy, hanks of, to he secured by, 267. 
 allowed for what purpose, 274, 275. 
 
 when, 274, 275. 
 injury hy, claim for damages, time, 275. 
 
 compensation for, how made, 275. 
 Duties on articles for, what, 259. 
 
 Engines, &c. of, construction of, who to regulate, 246, 247. 
 Fences erected, &c. hy, how and when, 239, 275. 
 neglect as to, fine, 239. 
 
 application of, 239. 
 recovery of, 239. 
 pnnishment, 239. 
 private claims reserved, 239. 
 Forces of Her Majesty,^ 
 
 conveyed by, assistance in loading, &c. 255. 
 fares, what, 254. 
 free of expense, who, 254. 
 luggage of officers, what free, 254, 255. 
 excess of, rate for, 265. 
 Soldiers, &c. what free, 254, 255. 
 Officer, in what carriage, 254. 
 Public Stores, &c. what rate, 255. 
 
 what excepted, 265. 
 Soldiers, &c. how to be, 254. 
 when to he, 254. 
 Grants of Land to, what, to revert to Crown, when, 233. 
 Incorporation of, 223, 224. 
 Lands, &c. agreements for, conveyance of, when valid, 236, 237. 
 
 with Corporations, &c. when valid, 238. 
 
 damages as to, 238. 
 disputes, &c. as to. Commissioners appointed, when, 237. 
 
 sworn hefore whom, 237. 
 entered on, for survey, what may he, 234. 
 when slip to cutting, &e. 238. 
 
 damages, how ascertained, 238. 
 felling trees, &e. on, allowed, how and when, 234. 
 improved, damages ascertained, how and when, 235, 
 claim for, time, 236. 
 costs, how levied, 235. 
 
 what, 235. 
 laid hefore whom, 235. 
 paid, by whom and when, 235. 
 rights of Crown not affected, &c. 235. 
 
XXXI V. INDEX. 
 
 Railway Company, E. & N. A. — Coniirmed. 
 
 Lands, 8ec. pay for, disagreement as to, damages, 234. 
 how and when, 234, 275. 
 possessed by, what may he, 226. 
 purchase compulsorily by, 
 
 claim for taking, limitation of, 275. 
 pre-emption of, who entitled to, 275. 
 terms of, 275. 
 
 dispute as to, settled, how, 275. 
 vested in Company, when, 274. 
 what lands may be, 274. 
 taken for construction of Railroad, by, what, 234, 238, 267. 
 extent that may he, 234. 
 other purposes, how and what, 234. 
 Loan for, amount in addition to Provincial, 256. 
 bond for, what to issue, 257. 
 coupons for, &c., for, in what form, 272. 
 moneys raised on, how, 272. 
 Mails, &e., carriage of, by, arrangement for, how, &o., made, 248, 249. 
 
 remuneration for, dispute as to, how settled, 249. 
 
 proceedings on arbitration, 249. 
 paid, how, 249. 
 Management of. Legislature may enquire into, when, 232. 
 
 pass sums for, when, 232. 
 restriction as to, 232, 233. 
 Meetings of, extraordinary called, when, 246. 
 
 when and how by shareholders, 246. 
 requisition for, 246. 
 
 by whom signed, 246. 
 what to express, 246. 
 where to be left, 246. 
 notice of, in all cases, 246, 274. 
 
 number of days, 246, 274. 
 published, where, 246, 274. 
 specified in, what, 246, 274. 
 ordinary, general, what acts may be done at, 273, 274. 
 Moneys paid to, in advance, interest, what allowed, 228. 
 Officer, account of moneys delivered, when, 244, 
 
 paid over to whom, 244. 
 statement of what, 244. 
 vouchers for, what, 244. 
 entrusted with moneys to give security, when, 243, 244. 
 failing to render accounts, &c. liability, 244. 
 
 punishment, 244, 245. 
 intending to abscond, proceedings, 245. 
 proceedings against, what, not to bar remedy, 245. 
 refusing to make accounts, &c. may be committed, 245. 
 Police Magistrates for, appointment Of, by whom, 259. 
 
 for what time, 259. 
 
INDEX. XXXV. 
 
 Railway Company, E. & N. A.— Continued. 
 
 Police Magistrate for, compensation to, 259. 
 for what places, 259. 
 powers of, 269, 260. 
 what officers may appoint, 259. 
 Powers of, when game as Commissioners of Roads, 252. 
 Powers, &o. of, what vested in, 233, 234. 
 Privileges, &c. of, what, to cease when, 233. 
 Property of, alone liahle for debts, 231. 
 freed from taxation, 232. 
 maliciously injuring, &o, felony, when, 252. 
 punishment, 252. 
 Purchaser of shares, calls, what, not liable for, 231. 
 deemed holden, when, 230, 231. 
 what not to affect, 231. 
 Porchases by, what may he made, 226. 
 Railway of, hoards across, height of, 239. 
 
 maintained bow, 239. 
 not to obstruct, what, 239. 
 placed, when and where, 239. 
 supported how, 239. 
 
 words printed on, how and what, 239, 240. 
 hridges, &c. erected on, how and when, 240. 
 kept np, in what manner, 247, 248. 
 purchased by Government, when, 258. 
 arbitration, when, 259. 
 notice of, what, 258, 259. 
 payment of, what, 259. 
 roads, &c. altered, how and when, 240, 254. 
 Register, closed up, for what and when, 269. 
 
 transfer of shares, how affected by, 269. 
 kept how, &c. 227, 268. 
 Returns of, contents of, 246. 
 
 delivered to whom, 246. 
 form of, prescribed by whom, 246. 
 made up, &c. by whom and when, 246. 
 Route of, approval of, by whom and when, 262. 
 
 map, &c. of, deposited where, 226. 
 Schedule, 253, 264, 265, 266, 276, 277. 
 Shareholders, bye laws, &c. by, binding, when, &c. 242. 
 
 power to make, 242. 
 purpose of, 242. 
 debentures, apportioned among, how, 272. 
 
 certificates, what, delivered to whom, 272, 
 interest on, payable to whom, &c. 272. 
 liable for debts of, extent, 251. 
 lunatics, &c. what a sufficient discharge by, 251. 
 meetings of, annual, duty of,%8 to Directors, 242. 
 held when, &c. 242. 
 omission of, remedy, 242, 243. 
 32 
 
XXXVI. INDEX. 
 
 Railway Company, E. & N. A. — Continued, 
 
 Shareholders, meetings of, first after amended Act, 272. 
 
 called hy whom, &o. 272. 
 general, called by whom, 241. 
 held when, 241. 
 objects of, 241, 
 ordinary, determined when, 272. 
 
 Directors chosen at, continuance of, 273. 
 
 which to go out, 272, 273. 
 held, when to he, 272. 
 special called, by whom and when, 241. 
 not to vote when, 258. 
 proxies of, registered when and where, 241. 
 
 who not to vote as, 241. 
 qnestions at meetings of, how determined, 241. 
 term, what to include, 228. 
 vote by, how given, 241, 258. 
 Shares in, converted into capital stock, divided how, 271. 
 
 transferrable, &c. when, 271. 
 when may he, 271. 
 Provincial stock, by whose consent, 271. 
 deemed what estate, 225, 267^ 
 forfeiture of, declaration of, when to take effect, 230. 
 declared when, 229. 
 
 if party out of Province, 270. 
 notice of, what required, 229, 230. 
 revert to owners of, when, 231. 
 sale of, how many, 231. 
 
 made how and when, 230. 
 proceeds of, disposal of, 231. 
 shareholder may purchase, when, 230. 
 Provincial, amount, 261. 
 
 debentares for, 261, 262. 
 certificates of, held, how, &c. 262, 263. 
 dividends on, applied, how, &c. 263. 
 interest on, not allowed, 263. 
 receipt for, discharge, when, 227. 
 gale of, limited, how, time, 263. 
 made, when, 263. 
 proceeds of, application, 263. 
 subscription for, by whom and when, 261, 262. 
 
 extent of, 262. 
 trust, what Company not bpund to do, 227> 
 vote thereon not allow«d, 263. 
 Statement by, amount of tolls, &c. filed, when and where, 247. 
 attested to, how, and by whom, 247. 
 disbursements for making Railway, 247. 
 filed, when and where, 247. 
 
 for Legislature, 247> 
 signed, by whom, 247. 
 
INDEX. XXXVU. 
 
 Railway Companjr, E. & N. A. — Continued, 
 Steamers otrned by, what may be, 226. 
 
 with what privileges, &c. 226. 
 Stipendiary Constables, for, appointment of, 2fi9. 
 
 'approval of, by whom, 269. 
 compensation to, 259. 
 powers of, 259, 260. 
 Stock, Capital, amount of, 224, 26?. 
 
 certificate of proprietorship in, 255, 268. 
 delivered, when, 225. 
 evidence, when, 227. 
 loss, &c. of, how supplied, 268. 
 increase of, 224, 267, 270. 
 Shareholders in, entitled to what, 225. 
 
 who d;eemed, 267. 
 Shares in, amount of, 225, 228, 269. 
 
 annual, 225, 228. 
 calls of, instalments of, 225, 228. 
 deemed what estate, 225, 267. 
 deposit on, rate, 225, 267. 
 
 when, 225. 
 interest on, how payable, 227. 
 not paid up, 228. 
 intervals between, what, 225, 228. 
 made, when, 225, 228, 269. 
 money paid on, appropriated, how, 225, 228. 
 -notice of, published, when, 226, 228, 269. 
 number of, 224, 267. 
 numbered, &c. how, 267. 
 payable, when, 27fl. 
 registered, when, 268. 
 subscriber for, who deemed, 267, 268. 
 subscciptiou for, who liable, 227, 228. 
 transfer lOf, allowed, how and when, 227, 268. 
 by agent, delivered to whom, 269. 
 
 duty of, thereon, 269. 
 delivered, how, when, and to whom, 
 268, 269. 
 liability of parties on, 269. 
 Secretary of Company, duty on, 269, 
 vested in whom, 224. 
 Stock Register, kept by whom, 271. 
 
 for what purpose, 271. 
 Streams, navigable, bridges over, erected by Company, what, 232. 
 
 for what use, 232. 
 what not to obstruct, 232. 
 Telegraph, line of, allowed, fbr Her Majesty, when, 250. 
 remuneration for, what, 250. 
 used by Company, when, terms, 250, 255. 
 other persons, when, 255. 
 
XXXTIU. INDEX. 
 
 Railway Company, E. & N. A. — Continued. 
 
 Tolls, amount, altered, &e. by whom and when, 250. 
 established, how, 246. 
 reduced by Legislature, when, extent, 247< 
 granted, for whose benefit, 246. ' 
 on what, and whom, 246. 
 Railway Company, Saint Andrews and Quebec, 
 
 Actions against, for any thing done tinder authority of Act, 291, 
 defendants entitled to fall costs, when, 291,292. 
 evidence in, what may be given, 291. 
 pleaded in, what may be, 291. 
 time for commencing, 291. 
 Acts of, provisions of, repealed how far, 318. 
 Army or Naval Forces, conveyed by, how, &c. 307- 
 Branch Railways of, made, when may be, 295. 
 
 for what purpose, 295. 
 Bridges, &c. erected, how and when, 288, 289. 
 
 maintained, &c. how, 289. 
 Bye Laws, 8ec. of, when Government may disallow, 307, 308, 
 to be in force, 300. 
 of no force, 308. 
 Clerk of, appointment of, 286. 
 duty of, 286. 
 removal of, when, 286. 
 Credit of Province when to stand pledged to, 302. 
 amount of, 302, 303. 
 
 warrant for, when to issue, 303. 
 
 what casualties not to prevent, 303!. 
 increased, extent, 309. 
 term of years extended, 309, 
 Crown Lands, Act authorizing grant of, continuance, 313. 
 entered upon by, when may be, 301. 
 
 for what purposes, 301. 
 removed from, what may be, 302. 
 granted to, what part may be, 302, 312, 313. 
 additional, 302, 312,313. 
 to Branches, 302, 312. 
 extent, 302. 
 grants often thousand acres, when and how often, 212,21S, 
 revert to Crown, when, 302. 
 void, when to be, 302. 
 ungranted, grants of, 309, 310. 
 
 surveyed, when may be, 309. 
 width of lots, 309. 
 Damage to, wilful, how recovered, 291, 
 
 if not paid, punishment, 291. 
 Pebentures, amount, issue for what, and when, 320,321, 322, 323, 
 form of, 321,323. 
 principal money of, when to be paid, 321, 323, 
 
INDEX. XXXIX. 
 
 Railway Company, S. A. & Q. — Continued. 
 
 Deposits, amount, made, when may be, 299. 
 Directors, Board of, who to constitute, 280. 
 
 President of, chosen, when, 311. 
 British, powers of, 311. 
 
 how exercised, 311. 
 what not to affect, 311. 
 Chairman of, when chosen, 311. 
 
 to have casting vote, 282. 
 chosen by whom, when, &c., 281, 306, 311, 316, 317. 
 controlled, &c. how by any meeting, 282. 
 deeds, &c. to Class A shareholders, &c., what, 317, 318. 
 duty of, 281. 
 
 Government may appoint how many, 324. 
 grants of money, &c. to Class A shareholders, &c., 317, 318. 
 
 leases, &c., what may subject to payment of Class A shareholder, 
 
 318. 
 number of, 281,311. 
 
 powers of, as to management of affairs, &c. 283. 
 at general meetings, 282, 283. 
 &c. of, what, 311. 
 qualification of, 281, 311. 
 quorum, 281,311. 
 
 removal of, vacancy how filled up, 306. 
 resident, where, 311, 316. 
 vacancy by death, &c. how filled up, 282, 306. 
 votes by, number each may give, 282. 
 Dividends, made, when, how, and by whom to be, 292. 
 Fees, 319, 320. 
 
 Highway, temporary road around, how to be made, and kept, 289. 
 
 what to avoid, 289. 
 when to make, 289. 
 when to be restored to its former direction, 289. 
 what lands may take for temporary road, 289. 
 
 what time, 289. 
 Incorporation of, 278. 
 
 Indenture by, with Class A shareholders and others, declared valid, 325. 
 Joint Committee, appointed by whom, 292. 
 
 for what purpose, 292. 
 Lands of, damages to, ascertained, how, 305. 
 
 divided, &c. from adjoining lauds, how, 288. 
 entered upon, by, what may carry away, 316. 
 
 damages, how ascertained, 316. 
 egress and regress, when to have, 316. 
 infants, &e. taken by, what agreements, &c. valid, 315, 316. 
 
 damages for taking, how settled, 316. 
 lease of, in Saint Andrews, by Justices to, 304, 305. 
 what other may take, and for what, 290. 
 Mails carried by, remuneration for, fixed, by whom, 297, 298. 
 
 dispute as to, how settled, 298. 
 proceedings on arbitration, 298. 
 
Xl. INDEX. 
 
 Railway Company, S. A. & Q.— Ccmtinued. 
 
 Mails carried by, required to be, by whom and mheo, 296, 297> 
 
 terms, bow and apoa what, 297. 
 Meetings, general, of. Directors, &c. may be displaced at, 284. 
 first, held, when and where, 2S1, 293. 
 
 notice of, how given, 281. 
 bolden, when and where to be, 281. 
 rules, &c. revoked at, when, 284. 
 
 ' exception as to, 284. 
 
 new, binding when, 285. 
 
 confined to what object, 284, 285. 
 may be made, 284. 
 special, of, acts done at, when valid, 2825 
 
 called, how and when, 281, 282. 
 notice of, contents, 282, 
 time for, 282. 
 Military, &c., conveyance for, by, when bound to provide, 299. 
 Operations, what not to engage in, 292. 
 Powers, &c. of, with what invested, 313, 314, 315. 
 
 for what purpose, 313, 314, 315. 
 Property of, liable alone for debts of, 292. 
 Railway of, constructed, when may be, 279, 293, 294, 295. 
 engines, &.c. for, 'purchased, when, 279, 280. 
 from Saint Andrews to Woodstock, completion of, 294. 
 Government, when may purchase, 29fi, 310. 
 
 at option of Company, 296, 
 difference as to, how settled,.296. 
 notice of, what,, 296. 
 terms of, what, 296. 
 interfering with highway, what to do, 289, 290. 
 junctions, formed with what, and when, 299. 
 upon what conditions, 299. 
 terminl>of, 279. 
 
 wharves, &c. may be erected on line of, 279. 
 Schedule, 319. 
 
 Seal of, used by Class A Directors, how and when, 317. 
 Shareholders in. Class A, privileges secured to, 318,319. 
 evidence of being, what, 295. 
 proxies of, restricted, when, 281. 
 questions by, at public meetiugs, how decided, 281. 
 selling shares by, conveyance, form of, 285, 286. 
 how made, 285. 
 purchaser to receive duplicate, 286. 
 under what rules, 285. 
 vote by, 280. 
 
 proxy, 280. 
 Shares in, calls on, amount of, 283. 
 
 interest on, shareholder liable fpr, when, 295. 
 intervals of niiaking, 283. 
 
INDEX. xli. 
 
 Railway Company, S. A. & Q — Continued. 
 Shares in, calls on, made by whom, 283. 
 
 not complied with, effect, 284. 
 notice of, published, &c., 283. 
 ^aid by whom, 283. 
 to whom, 283. 
 when, 283. 
 certificate of,, by Provincial Treasurer, held, how, 321. 
 credit of Province, pledged for what, 322, 
 dividends, how applied, 32V, 322. 
 evidence of what, 294. 
 
 loss of, not to prevent holder from selling, 294. 
 Class A, agency for, established, where, &c., 307. 
 
 subject to what rules, &c., 307. 
 Directors for, number chosen, by whom, 317- 
 
 regulations by, what may make, 317- 
 number of, 306. 
 Class B, number of, 306. 
 dividend not to, be paid, on what, 299. 
 interest on, amount, 294. 
 
 commencement of, 294. 
 transfer of, when not allowed, 295. 
 Statements of receipts, &c., attested to, beffire whom, 287, 296. 
 filed, when and where, 295, 296. 
 laid before Legislature, when, 287. 
 signed, how and by whom, 287, 296. 
 Steam Boats, &c. of, may ply, when and' for what purpose, 295. 
 Stock, Capital of, amount, 279. 
 
 Shares of, deemed what Estate, 279. 
 deposit of rate, 279. 
 
 notice for, &o., published when, 279. 
 what not to exceed, 279. 
 moneys raised on, appUc£ttiOn, 279. 
 number of, 279. 
 transferable, how, 279. 
 value of, 279. 
 ■vested in whom, 279. 
 Subscription by, paid by whom, 290. 
 
 neglect to be, how recovered, 290, 291. 
 when to b^, 290. 
 Telegraphs, established by, 307- 
 
 laid down by whom, when, 298. 
 use of, by, subject to what prior right, 298, 299, 307. 
 upon vphat charges, 307. 
 Treasurer of, appointment of, 286. 
 daty of, 286. 
 
 removal of, &c., when, 286. 
 security to be given by, when, 286. 
 
Xlii. INDEX. 
 
 Railvray Company, S. A. & Q. — Continued. 
 Tolls, cbarged, he, how to be, 300. 
 
 (lemaaded, &c., wbat, and when to be, 286, 287> 
 
 paid, when to be, 287- 
 
 reduction in, Legisiatare may make, when, 287' 
 
 to what extent, 287. 
 refusal to pay, bow collected, 288. 
 use of Railway, &c., by persons, subject to what, 300, 
 varied, may be, how, when, and by whom, 300. 
 what not to exceed, 300. 
 Registrar in Chancery, office of, abolished, 74. 
 Revenue, 
 
 Ordinary, Chapter relating thereto, in force how long, 1. 
 Public, appropriation of, for — 
 Ordinary Services, 3. 
 
 paid, how and by whom, 4, 5. 
 Chaplain, Legislative Council, 3. 
 House of Assembly, 3. 
 Clerk, Legislative Council, 3. 
 House of Asisembly, 3. 
 
 Assistant, Legislative Council, 3. . 
 
 House of Assembly, 3. 
 Commissioners Light Houses, Bay oi Fundy, 4. 
 
 Gulf of Saint Lawrence, 4. 
 Deserters, apprehending of, 4. 
 Door-keepers, Legislative Council, 3. 
 House of Assembly, 3. 
 Librarian, Legislative Library, 4. 
 Light House Keepers, 
 Beacon, 4. 
 Campo Bello, 4. 
 Cape Enrage,, 4. 
 Gannet Rock, &c. 4. 
 Machias Seal Island, &c. 4. 
 Partridge Island, 4. 
 Point Le Preau, 4. 
 Saint Andrews Harbour, 4. 
 Thrum Cap, Quaco, 4. 
 Messengers, Legislative Council, 3. 
 House of Assembly, 3.> 
 Parish Schools, 4. 
 
 Sergeant-at-Arms, Legislative Council, 3. 
 House of Assembly, 3. 
 Roads and Bridges, Acts relating to, 35. 
 Amounts for, paid how, 34, 42. 
 
 Commissioners, accounts to be kept by, how, 42. 
 
 duplicate of, rendered how and when, 42. 
 appointment of, to sell roads, 42. 
 per centage to, 42. 
 
INDEX. xliii. 
 
 Revenue, Public, appropriation. — Conlmtied. 
 
 Roads, alterations in, rendered before expenditure, 43. 
 examinations of, by whom, 41. 
 laid off into lots, by whom and when, 41. 
 
 6o\A, how and when, 41, 42. 
 money expended, when, 43. 
 paydient for work on, how and to whom, 41. 
 Bye Roads, 
 Albert, 39. 
 Carleton, 39. 
 Charlotte, 40*. 
 Gloucester, 40. 
 King's, 40. 
 Kent, 40, 41. 
 Northumberland, 39. 
 Queen's, 41. 
 Restigouche, 41. 
 Saint John, 41. 
 Sunbnry, 40. 
 Westmorland, 40. 
 Victoria, 39, 40. 
 York, 39. 
 Great Roads, 
 
 Albert to Saint John, 37. 
 Arestook to Grand Falls, 36. 
 
 Baptist Meeting House, Upham, to Church, Sussex Vale, 37. 
 Barker's Landing to Richibucto, 36. 
 Bathurst to Bellednne, 36. 
 Mii^amicbi, 37. 
 Belledune to Metis Road, 36. 
 Bellisle to Scribner's, 36. 
 Butteriflilk Creek to Metis Road, 37.. 
 Cole's Island to Cape Tormentine, 37. 
 Dead Water Brook to Saint Stephen, 37- 
 Dorchester to Shcdiac, 35. 
 Edmnndston to Saint Ff^ncis, 37. 
 Fredericton to Finger Board, 36. 
 Newcastle, 36. 
 Saint Andrews, 36. 
 Saint John, 38. 
 Woodstock, 36. 
 Grand Falls, Lower Landing, to American Boundary, 37. 
 
 to Canada Line, 36. 
 Great Marsh in County Saint John, 35. 
 Hampton to Bellisle, 37. 
 Isaac Derry's to Point Wolfe, 37. 
 Lower.Trout Brook to Lower Town, Saint George, 37. 
 Nerepis to Gagetown, 35. 
 
 33 
 
xliv, INDEX. 
 
 Revenue, Public, appropriation. — Continued. 
 Great Eoads, 
 
 Nevreastle to Bathurst, 35, 36. 
 
 Pitfield's, 3&. 
 Oak Bay to Eel River, 36. 
 Oromocto to Gagetown, 36. 
 
 Patchell's Eerry LandiugrBeeaguimick, to County Line, 38, 
 Pickard's Store to American Boundary, 37- 
 Ricbibncto to Cbatbam, 35. 
 Road past Roman Catholic Cemetery, 38. 
 Saint John to Indian Town, 38. 
 Quaco, 37. 
 Saint Andrews, 35. 
 Salisbury to Harvey, 36. 
 Sbediae to Petitcodiac, 35. 
 Richibucto, 36. 
 Tilley's, Sbeffield, past Pendleton's Mifls to Petitcodiac, 3X. 
 Tisdale's Farm to Locb Lomond, 37. 
 Waweig to Saint Stephen, 36, 
 Woodstock to Arestook, 36. 
 Houlton, 36. 
 Special Grants for Bridges, 38, 39. 
 
 Road service, 38. 
 Special Services, paid how, and by whom, 34. 
 Adjutant General, 28. 
 Agricultural Societies, 7i 33. 
 Alexander, Jobn, 20. 
 Appraisers, Saint John, 29; 
 Atkinson, MeraciouSr 12. 
 Attridge, James, 9. 
 Attorney General, 32, 33. 
 Babino, Siivain, 16. 
 Boyd, James, 5. 
 Brown, James, 2&. 
 Clerk, Crown, 26. 
 
 House Assembly, contingencieSr 34. 
 Commissioner Government House, coals, 28. 
 Commissioners Light Houses, Bay of Fundy, 29, 31. 
 Cook, Alexander, 19, 
 Corporation, Fredericton, Wharf, 14. 
 Cranney, Martin, 8. 
 Davis, R. and H., 31. 
 Emigrants, Alnwick, 25. 
 
 Building lor. Saint John, H. 
 Hand Book, 30. 
 M'Avity, Thomas, I7. 
 Overseers Poor, Saint Stephen, 24. 
 Taylor, James, 18. 
 Fraiser, Jobn, 8. 
 
INDEX. Xlv. 
 
 Revenae, Pnblic, appropriation. — Continued. 
 Special ServieeR, 
 
 Gallagher, Jane, 23. 
 Graham and Hill, 33. 
 Hebert, Simon, 7- 
 
 His Excellency the Lieutenant Governor, for— 
 Allan, Jacob, 33, 34. 
 ■Breakwater, Boat Harbour, 29. 
 
 Grand Aunce, 16, 17. 
 , Sand Point, 9. 
 Buildings, Public, expense of, 34. 
 
 procuring, at Ports of Entry, 31 . 
 ■Cattle, improving breed of, 32. 
 
 •Commissioners Light Houses, Gas, Partridge Island, 32. 
 Drawbridge, Richibucto River, 28. 
 Exploring Road, Tobique and Restigonche, 30, 3i. 
 Fishery Societies, 20. 
 Hospital, erecting at Penitentiary, 29. 
 Landings, Public, Chatham, 8. 
 
 New Bandon, 8, 
 Law Commission expenses, 32. 
 Lazaretto, Tracadie, support of, 29. 
 Legere, Belong, and another, 27. 
 Lunatic Asylum, enlarging, 28. 
 support of, 28. 
 Machine for driving piles, 32. 
 Map of Province, 25. 
 Milicete Indians, 26. 
 M'iWanus, John, 27- 
 Navigation River Saint John, 32. 
 Nflw Road to Suspension Bridge, Saint John, 33. 
 Packet, Bay Verte and Charlotte Town, 7. 
 Penitentiary, Provincial, support of, 28. 
 Railway, Grand Falls, 26. 
 Removing obstructious, Miramichi River, 26. 
 Revenue, protection of, 28. 
 Repairing Roads, &c. damage by Freshet, 33. 
 Road through Land Company's Lands, 34. 
 Schools, African, Saint John, 19. 
 Female, Fredericton, 6. 
 Grammar, Newcastle, 7- 
 Roman Catholic, Bathurst, 6. 
 
 Free, Fredericton, 16. 
 
 Portland, 14. 
 Saint John, 14. 
 Seminary, Public, Memramcook, 23. 
 Statistics, New Brunswick, 27- 
 
 Steam between Shediacand Prince Edward's Island, 13. 
 Temperance Hall, Gagetown, 26. 
 
xlvi. INCEX. 
 
 Rerenoe, Public, appropriation. — Continued, 
 Special Services, 
 
 His Ejccellency the Lieutenant OoTernor, for — 
 Wharves, Public, at Bathurst, 11. 
 Bellevong, 11. 
 Bend Petitcodiac, II. 
 Gampbelltown, 28. 
 jGeraquet, 10. 
 Chipman, 11. 
 Yeny Point, Albert, 16. 
 <}agetovrB, 13. 
 flilUboroiigh, 11. 
 Jemseg Creek, 13. 
 Magagoadavic, 16. 
 Maugerville, 11, 12. 
 Poqaiock, 11. 
 @aint Mary's, 15. 
 ,Saint Ste]^en, 7- 
 Springfield, (King's,) 12. 
 Tabnsintac, 14. 
 Widcham, 12. 
 Hogg, J^oies, ^4. 
 Jack, JD. W., 29, 
 Jouett, B. R.,31. 
 
 Justices Peace, Charlotte, Wharf, Saint Andrews, 23. 
 Kerr, George, Charlotte, 31. 
 Kingston, Joseph, 3L 
 Legislative Library, 14. 
 Lloyd, Charles, 8. 
 
 Lunatics, Overseers Poor, Hopewell, 18. 
 Mail iJarriers, Christie, fieiatge, 30. 
 Kelly, Robert, 30. 
 Kiug, James and Thomas, 17« 
 Malone, James, 29. 
 Ferrying, BeU, Oeorge B., 52. 
 'Brideau Laurent, 19. 
 :C8TDey and GosneU, 18. 
 JM'Masters, Jmxes, 19. 
 Petite, Ffaoei^, 18. 
 Robertson, James, 30. 
 Robicheau, John, 8. 
 Starkey, James, 33. 
 Tarrio, James, 18, 19. 
 Taylor, Charles, 19. 
 White, Phillip, 18. 
 Maguiie, Redmond, 15. 
 Mechanics' lustitnte, Dalhonsie, 13. 
 Gagetown, 26. 
 Gloucester, IS. 
 
INDEX. xlvii. 
 
 Revenue, Public, appropriation. — Continued, 
 Special Services, 
 
 Mechanice' Institute, Sunbnry, '2S. 
 Victoria, '24. 
 M'Laughlan, Daniel, 19. 
 M'Williams, Ann, 34. 
 Morse, James, 19. 
 Napier, William, 8. 
 Persons in destitute circumstances, 
 
 Codington, Eliphaz, 18. 
 
 Collins, Mary, 26. 
 
 Hamed, Mary, 6. 
 
 Lugrin, Deborah Ann, i6. 
 
 Sayre, Cadwallader E-, 12. 
 Phillips, Margaret, 23. 
 
 Postmaster, Fredericton, ipositage of Legislature, 34. 
 Quarter Master General, 28. 
 ' Return Duties, 
 
 Adams, W. H., 10. 
 
 Brotrn, Z. Barnard, 10. 
 
 Carey, Shepherd, and Company, '10. 
 
 CborchiU,Chades, 25. 
 
 Cndlip and Snider, 8. 
 
 Decker, James M., 9. 
 
 DesBrisay, L. P. W., 9, 27. 
 
 Fleming and Humbert, 11, IS. 
 
 Glidden, Charles, 9. 
 
 Hatheway and Small, 9. 
 
 Higgins, S. E., 29. 
 
 Johnson, Thomas, 8. 
 
 Kinread, William, 2B, 
 
 Main, John, 31. 
 
 Peters, James, 31. 
 
 Philps Brothers, 10. 
 
 Smith, Thomas E. and Son, 10. 
 
 Tapley, D. and Hugh Morris, 9. 
 
 Thompson, iCbarles U., 19,. 
 
 Whelan, Dennis, 9. 
 
 Whitteker, Charles, 2fi. 
 Sayre, William P., 16. 
 Schools, 
 
 Academy, MilUawDj 21. 
 Sackvilje, 6. 
 
 Baker, Thomas, superior, 13. 
 
 Board of KdupatioD, for E. L. Outhouse, 22. 
 Infant, Fredericton, 5. 
 
 Madras, Governor and Trustees of, 14. 
 Miller, Samuel D., superior, 13. 
 Roman Catholic, Saint Andrews, 5. 
 Seminary, Baptist, Fredericton, 5. 
 Weeks, A. H., superior, 28. 
 
xlviii. INDEX. 
 
 Revenue, Public, appropriation. — Continued, 
 Special Services, 
 
 Seamen, sick and disabled, 26. 
 
 Seamen's Friend Society, ?• 
 
 Sears, John, 12. 
 
 Segee, William, 16. 
 
 Steals, William, 23. 
 
 Simpson, John, 33. 
 
 Soldiers, old. Revolutionary War, 
 
 Babcock, William, balance, 5. 
 
 KoUock, Jacob, 6. 
 
 M'Intyre, Duncan, Balance, 5. 
 
 Pond, Lambert, 24. 
 
 Rigar, John, 24. 
 Stewart, Dugald, 33. 
 Stuart, Duncan, 14. 
 Taylor, John, 34. 
 Teachers of Schools, 
 
 Bishop, John, 20. 
 
 Black, Thomas, 23. 
 
 Bateau, Francis X., 23. 
 
 Chamberlain, Catherine W., 18. 
 
 Cormea, Silvain, 22. 
 
 Cowdel, Ann, 25. 
 
 Crocker, Rowland, 21. 
 
 Cummings, George, 20. 
 
 Dempsey, William, 27. 
 
 Dixon, Joseph, 21. 
 
 Doiron, Elizabeth, 20. 
 
 Doiron, Henrietta 20. 
 
 Downey, William, 21. 
 
 Duflf, Mary, 21. 
 
 Ellis, Anne, 16. 
 
 Gibb, John J. P., 22. 
 
 Gooldrup, James F., 17. 
 
 Hadley, Anne, 27. 
 
 Herring, Penelope, 17. 
 
 Hornibrook, John, 22. 
 
 Howlett, Ellen, 21, 22. 
 
 Jones, George, 20. 
 
 Leggett, Mary M., 17. 
 
 Lynch, David, 21. 
 
 Lynch, John, 17. 
 
 Martin, Rachael, 17. 
 
 Meagher, Jeremiab, 22. 
 
 Morrison, Mary, 22. 
 
 M'Cann, Elizabeth, 20. 
 
 M'Court, John, 20. 
 
INDEX. xlix. 
 
 Bevenue, Public, appropriation. — Continued. 
 Special Services, - 
 
 Teachers of Schools, 
 
 M'Neal, Mary Ann, 22. 
 
 Neville, Mark, '25. 
 
 O'CoDDor, Elizaheth, 21. 
 
 O'Donagbue, John, 21. 
 
 O'Regan, Lawrence, 20. 
 
 Phillips, Elizabeth, 17. 
 
 Pipes, Ruftis, 20. 
 
 Quinn, William, 22. 
 
 Shaw, Samuel H., 22. 
 
 Smith, Thomas, 22. 
 
 Stevenson, Jane, 21. 
 
 Stillman, John, 21. 
 
 Trites, Delancy M., 20. 
 
 White, Thomas A., 21. 
 Telegraphs, Bathurst Branch, 30. 
 
 Restigouche Branch, 25. 
 Watson, Francis, 27. 
 Watts, William, 6. 
 White, Michael, 6. 
 Widows of old Soldiers of Revolutionary War 
 
 Bayley, Elizabeth, 24. 
 
 Bell, Letty, 14. 
 
 Bryant, Esther, 15. 
 
 Creekmore, Sarah, 24, 
 "Cyphers, Sarah, 6. 
 
 Bunlop, Martha, 33. 
 
 Greenlaw, Sarah, 15. 
 
 Grierson, Margaret, 15. 
 
 Hamilton, Jane, 15. 
 
 Hawkins, Jane, 15. 
 
 M'Bean, Nancy, 15. 
 
 M' Donald, Anne, 6. 
 
 M 'Donald, Hannah, 6. 
 
 M'Kay, Abigail, 6. 
 
 M'Nichol, Mercy, 15. 
 
 M'Rae, Jane, IS. 
 
 Pratt, Mary, 15. 
 
 Roach, Mary, 25. 
 
 Schurman, Magdalen, 15. 
 
 Wannamaker, Leah, 24. 
 
 Whitehead, Elizabeth, 6. 
 Wigan, L. D., 31, 32. 
 Williams, Thomas, 31. 
 Beporting Decisions. See Decisions. 
 Bevised Statates, Act to regulate publication of, 71. 
 alterations, what permitted, 71. 
 
1. INDEX. 
 
 Keviaed Statutes, corrected before printiogf, what, 71> 
 first Tolame, what to form, 71 • 
 second volume, what to form, 71- 
 third volume, what to form, 71- 
 what to he supplied, 71' 
 Special case. See Courts, Eqmty and Supreme. 
 Special matter. See Courts, Equiig and SUpreiHe'. 
 Steam Navigation, 
 
 Acts, continuance of, 58. 
 repeal of, 58. 
 saving clause, 58. 
 when to go into operation-, h%. 
 Boats, description of, 51. 
 dimensions of, 51. 
 equipped, how, 51, 
 Dumher of, regulated, 51. 
 passengers, number to cany, SI. 
 provide for, what vessels^ 51. 
 Boiler, regulation, &u. of, inspection certified, how, &c., 52. 
 
 governed by, who, 52. 
 penalty fo^ violation of, 52. 
 applic&tioii of, 52. 
 recovefy of, 52. 
 printed copy of, posted np, how, &c., 52, 
 weight to the square inch, reg'iilated by whom, 52. 
 Deck sail vessels and rafts, light to be carried by, when, 58. 
 
 penalty f6if neglect, 58. 
 
 application of, 58, 
 etCeptidn, 58. 
 recovery, 58. 
 Engineers may order vessel to be anchored, &c. when, 56. 
 
 person in command refusing to obey, liability, 56. 
 
 what not allowed to justify, &e, 5G, 
 Fire Buckets, made of what material, 51 , 
 
 what Steamers to be provided with, and how many, 51. 
 Force Pomps, placed where, 51. 
 
 worked, how to be, 51. 
 Gangways, provided (or wharves, how and when, 52. 
 
 used for what purpose, and when, 52. 
 Gauge Cocks, inserted where, 51, 
 Hose, kept how, 51. 
 length of, 51. 
 used, how to be, 5l. 
 Inspectors, appointed by whom, and for what places, 53, 
 certificate granted by, in whkt form^ 54, 55, 
 filed, where to be, 66, 
 not granted, duty On, 55. 
 subscribed by, when and how often, 55. 
 designated, how, 53. 
 
INDEX. 
 
 Steam Navigation.— Co«<TO«e(?. 
 
 Inspectors, duty as to accounts, 55, 56, 
 
 records of inspection, &e> 55. 
 general, of, 53. 
 examination of Steamers by, arriving and departing, when, 54. 
 licence by, when not to grant, 54. 
 omissions, discovery of, by, notice of, when, &c. 64. 
 
 contents of, 54. 
 provisions against loss, &e. by fire, examination by, 54. 
 punishment of, when subject to, extent, 55. 
 putting Steamer in motion, when, 53. 
 salary of, for Saint John, 53. 
 
 other places, by whom fixed, 53. 
 paid how, 53. 
 sufficiency of steamers, how tested by, 53. 
 varying requirements of Act by, when, 54. 
 Lanterns, number of, 51. 
 Life Boats, made of what, and how, 51. 
 
 number of persons to sustain, 51. 
 Life Lines, attached, how, 51. 
 Life Preserver - or Floats, kept, when to be, 51. 
 number of, 51. 
 use of, 51. 
 Lights, continuance of, after arrival of vessel, 52. 
 
 on embarkation after dark, 52. 
 'description of, what, placed, where to be, 53. 
 
 on Steam Tug-boats, 53. 
 
 continuance of, 53. 
 directions as to, for use of passengers, when, 52. 
 for Steamers plying, &c. within the Harbour, &c. 52, 53. 
 penalty for neglect, &c. paid, by whom to be, 52, 53. 
 application, 53. 
 recovery, 53. 
 Master or Officer in charge of vessel outward bound, for what liable, 57. 
 Owner of vessel not procuring Certificate, when liable,57> 58. 
 when liable to pay damages, 56. 
 
 refund passage money, 56. 
 Owner of Steamboats, liable for what extra penalty, 57. 
 Passengers, when may refuse to pay passage money, 56. 
 
 exception, 56. 
 Penalties and forfeitures, application of, 57. 
 
 recovery of, 57. 
 Steam Vessels for inland navigation. 
 Boats, capacity of, 56. 
 
 fiirnished, how, 56, 
 number of, 56. 
 Exceptions as to, plying above Fredeticton, 56. 
 Life preservers, number to each, 56. 
 
 34 
 
Hi. INDEX. 
 
 Society of New Brnnsvrick, for the encoaragemeat of Agricnlture, 
 Home Mannfactares, and Commerce, 
 Act, continuance of, 218,219. 
 Annual allowance, disposed of, how, 216. 
 forfeited, when, 216. 
 object of, what, 216. 
 statement of, by whom, &c., 216, 218. 
 warrant for, issued, when, Sec, 217, 218. 
 what not to exceed, 218. 
 Bounds for shows, &c., fixed by whom, 216. 
 
 how, when, and for what, 216. 
 penalty for passing, when, 216. 
 application, 216, 217. 
 paid to whom, 216, 217- 
 Incorporated, how, 215. 
 Land, &c., what not to be occupied for, 217. 
 Meeting, first, when, to be held, 215, 216. 
 Present office bearers, continuance of, 216. 
 Power of, what, 215. 
 Tavern Keeper. See Liquors, Spirituous. 
 Tender, ^ 
 
 Acts relating to repealed, 122, 123. 
 
 saving clause, 123. 
 Counterfeit coins, criminal law, how applicable to, 122. 
 Legal, coins in circulation, what, and amount, 121. 
 how stopped, 121. 
 copper coins, what, amount, when, 121. 
 eagle, of what coinage, and for what sum, 120. 
 payment of notes, &c., in silver coins, when, &c., 121. 
 gold coinage, of what country, &c., how, &o., 120, 123. 
 paid or received how, &c , 120. 
 coins, what other may be, and how, 121. 
 
 to what amoont, 121. 
 other coins, what and how, 1 20. 
 
 what standard and value, 120, 121. 
 provisions restrained, bow and when, 123. 
 section of what Act repealed, 123. 
 sovereign, for what, 119. 
 unit of account, what, 119. 
 
 pound sterling in value, 119. 
 what other silver coins may be, extent, 121. 
 Treasury, Provincial, 
 
 Demands on. Act, continuance of. 116, 117. 
 limitation of, 116. 
 interest on, conditions as to, 117- 
 Officers of, not to engage in what trade, 114. 
 own what vessels, &c., 114. 
 penalty, for violation, 114. 
 
 recovery, 1 14. 
 punishment, what additional, 1 14. 
 
INDEX. liii. 
 
 Treasury, Provincial. — Continued. 
 
 Tenders for advances to, acceptance by, when and where, 115. 
 agreement, contents, 115, 116. 
 
 made, with whom, 116. 
 moneys deposited, where, 116. 
 approved by whom, 115. 
 for what purpose, 115. 
 from what Bank, 1 1 5. 
 interest allowed, extent of, 116. 
 notice for, how given, 115. 
 submitted to whom, and when, 115. 
 what sum in advance not to exceed, 116. 
 Treasurer of, liable for what, 116. 
 
 not chargeable, for what, 1 1 6. 
 Warrants on, interest, when to be paid, 114. 
 Wholesale Dealer. See Liquors, Spirituous. 
 Witnesses. See Courts, and Equity, and Liquors, Spirituous. 
 Writs, Service of. See Courts, atid Eq~d'y, and Supreme. 
 
ERMTA. 
 
 In trolling Places^— 
 
 For Lancaster, page 128, see substitute, page 63. 
 Glenelg, page 129, see page 153-4. 
 Hampstead and "Waterborough, page 130, see page 63. 
 G-loucester, page 130, see page 61, ^ 
 
 Hemp Act expired, pages 219, 220, & 221. 
 "For "venire" read "venue,'' see page 410, 6th line. 
 In Index, page ii, under " Assembly, Electors," the two last Iinefl--» 
 " before select committee of House. 150," 
 "for voting without qualification, 150/' 
 should be under ** Evidence," next page.