The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017856646 TABLE OF CONTENTS. Chap. Title of Act. Page. Acts of the late Peovinoe of CaiVada, peioe to the Consolidated Statutes. 12 Victoria. 114 An Act to consolidate the Laws relative to the Powers and Duties of the Trinity I 13-14 Victoria. 99 An Act to oblige the Trinity House of Quebec to lay down Buoys and mark the Shoals in the North Channel of the River St. Lawrence, and to facilitate the trarerse 22 18 Victoria. 161 An Act to increase the Salaries of Superintendents of Pilots, and of the Bailiff of the 24 20 Victoria. 121 An Act to amend the Act intituled, "An Act to consolidate the laws relative to the Powers and Duties of the Trinity House of Quebec andfor other purposes" 22 Victoria. 25 31 32 An Act to provide for the improvement and management of the Harbor of Quebec 12 Victoria. 2T n7 An Act to repeal a certain Act and Ordinance therein mentioned, relating to the Trinity House at Montreal, and to amend and consolidate the provisions thereof. 14-15 Victoria. 41 26 An Act to amend the Montreal Trinity House Act 65 18 Victoria. 143 An Act to provide for the management and improvement of the Harbor of Montreal and the deepening of the Ship Channel between the said Harbor and the Port of QuebeCj and to repeal the Act now in force for the said purposes 6T 20 Victoria. 126 An Act to amend the Act to provide for the management and improvement of the Harbor of Montreal and the deepening of the Ship Channel between Montreal 78 83 12'r An Act to correct an error in an Act of the present Session relative to the Harbor and Harbor Commissioners of Montreal 138 An Act to amend an Act intituled, "An Act to repeal a certain Act and Ordinance therein mentioned, relating to the Trinity Bouse of Montreal, and to amend and consolidate the provisions thereof," and to make further provisions concerning Pilots > 84 23 Victoria. 12 An Act to confer additional powers on the Tanity House of Montreal 86 IV Title of Act. Consolidat:5D Statutes of Canada. 1859. An Act respecting the ProTiuclal Statutes An Act respecting the sale and management of timber on Public Lands An Act respecting the Inspection of Hops ; ■_ An Act respecting the protection of Persons who receive Assignments and enter inte Contracts in relation to Goods entrusted to Agents An Act respecting Limited Partnerships An Act respecting Railways An Act respecting Joint Stock Companies to construct works to facilitate the trans- mission of Timber down Rivers and Streams An Act respecting payment of dividends by Insurance Companies An Act respecting the Appointment of Commissioners for taking Affidavits and the Attendance of Witnesses in the Courts of Upper and Lower Canada recipro- cally Thk Coxsolidated Statutes for Upper Canada. 1859. An Act respecting the Consolidated Statutes for Upper Canada An Act respecting the Interpretation of certain words and terms therein mentioned... An Act respecting Insolvent Debtors Courts An Act respecting the Division Courts An Act respecting the Practice and Procedure in Suits instituted on behalf of the Crown in matters relating to the Revenue and the repeal of Letters Patent An Act respecting relief of Insolvent Debtors An Act respecting Rivers and Streams An Act respecting Mills and Mill-Dams An Act respecting Joint Stock Companies for the construction of Piers, Wharves, Dry Docks and Harbors An Act respecting Building Societies An Act respecting Remedies for and against executors and administrators and respecting the Limitation of certain actions An Act to prevent Accidents from Machinery An Act to prevent the Profanation of the Lord's Day in Upper Canada The Consolidated Statutes for Lower Canada. 1860. An Act respecting the Consolidated Statutes for Lower Canada , An Act respecting the time when certain Laws took effect, the publication of Acts and Proclamations, and the Preservation of certain Records An Act respecting Seditious and unlawful Associations and Oaths An Act respecting Indians and Indian Lands An Act respecting the Sale of Goods on Sundays An Act respecting Building Societies An Act respecting Arrest and Imprisonment for Debt, and the relief of Insolvent Debtors An Act respecting the Writ of Habeas Corpus, Bail, and other provisions of law for securing the Liberty of the Subject An Act concerning the limitation in general of Penal Actions Acts of the late Province of Canada subsequent to the Consolidated Statutes. 23 Victoria. An Act respecting the sale and management of the Public Lands An Act respecting the Line of Division between Upper and Lower Canada An Act in amendment of the Railway Act An Act respecting the Indian Lands in the Township of Durham, in the County of Drummond • An Act to incorporate the Pilots for and below the Harbor of Quebec Title of Act. Acts of the late Province of Canada sobseqdent to the Consolidated Statutes— Conctedeof. 24 Victoria. An Act to explain and amend the Railway Act The Joint Stock Companies General Clauses Consolidation Act An Act further to amend the Act to provide for the management and improvement of the Harbor of Montreal, and the deepening of the Ship Channel between Montreal and Quebec 25 Victoria. An Act to amend the Act for the management of the Toronto fiarbor An Act to amend the Act to provide for the improvement and management of the Harbor of Quebec 2G Victoria. An Act to amend the Act twelfth Victoria, chapter one hundred and fourteen, relating to the Quebec Trinity House 27-28 Victoria. An Act to replace the improvements in the Navigation of the River St. Lawrence, between the Harbors of Quebec and Montreal, under the control of the Com- missioner of Public Works An Act to amend the laws in force respecting the Sale of Intoxicating Liquors and the is3ue of Licenses therefor, and otherwise for repression of abuses resuliing from such sale An Act to change the tenure of the Indian Lands in the Township of Dundee, in the County of Huntingdon An Act to enable the Huro : Indians of La Jeune Lorette to regulate the cutting of Wood in their Reserve 28 Victoria. An Act respecting the Weighing, Measuring and Gauging of certain Articles of General Consumption An Act to regulate the business of Stevedores and Liners in the Harbor of Montreal.. 29 Victoria, An Act to make further provisions for the management of Permanent Building Societies in Upper Canada An Act respecting the Civil Code of Lower Canada Articles of the Civil Code of Lower Canada An Act to amend the tenth Chapter of the Consolidated Statutes for Lower Canada, respecting Seditious and Unlawful Associations and Oaths An Act farther to provide for the deepening of the Ship Channel beiween Montreal and Quebec 29-30 Victoria. An Act to confirm the Title to Lands held in trust for certain of the Indians resident in this Province An Act to amend the Law of Upper Canada relating to Crown Debtors An Act for more effectually securing the liberty of the Subject An Act respecting the Municipal Institutions of Upper Canada An Act to extend the powers of the Trinity House of Quebec Acts op Nova Scotia. Revised Statutes {Third Series). Of the promulgation and construction of Statutes Of Naval Property Of an Electric Telegraph for Military Purposes Of Bills of Exchange and Promissory Notes Of the Regulation and Inspection of Provisions, Lumber, Fuel and other Merchandise Of General Provisions respecting Corporations Of the Court of Marriage and Divorce Of Municipalities VI Title of Act. Acts op Nova Scotia — Concluded. Revised Statutes {Third Series.) OfWitnesses and evidence and the Proof ofWritten Documents . Of the Belief of Insolvent Debtors Of the Writ of Certiorari Of the Liberty of the Subject Of Costs and Pees Of Offences against Religion Of Offences against Public Morals Act of Nova Scotia Peior to the Revised Statutes (3rd Series). Chap. 2 of the Acts of 1862. An Act for the incorporation and winding up of Joint Stock Companies Acts oe Nova Scotia Subsequent to the Revised Statutes. 29 Victoria. An Act to amend Chapter 154 of the Revised Statutes " Of the Limilution of Actions.' An Act to amend the laws relating to Divorce and Matrimonial causes 30 Victoria, An Act to revest in the Crown certain public grounds- in the Town Plot of Chester. An Act to vest in the Crown certain Public Lands in the Town of Lunenburg An Act to amend Chapter 92 of the Revised Statutes, " Of the preservation of useful Birds and Animals" Acts of New Brunswick. Revised Statutes. Rules and Regulations the Regulation of Sales of Lime the Measurement of Firewood and Bark the Survey and Exportation of Lumber Bills, Notes, and Gnoses in Action Corporations Banking Damaged Goods Insolvent Confined Debtors Habeas Corpus the Limitation of Personal Actions Offences against Religion .■ Offences against Public Morals and Decency .. Terms, Explanations and General Provisions., the Promulgation and Repeal of Statutes Public Acts of New Brunswick Prior to the Revised Statutes. 31 Oeorge III. An Act for regulating Maria^e and Divorce, and for preventing and punishing Incest, Adultery and Fornication 12 Victoria. An Act to consolidate and amend various Acts of Assembly relating to the further amendment of the Law « 10 Victoria. An Act for the Regulation of Benefit Building Societies . TU Chap. Title of Act. Page. Acts of New Bbcnswiok Subsequent to the Revised Statutes. 17 Victoria. 12 An Act to authorize the Election of certain Town or Parish Officers 557 18 Vicioria. 22 An Act in addition to and amendment of certain Chapters of Titles eight and ten, and of Titles thirtv. thirtv-one and thirtv-four of the Revised Statutes 558 24 An Act relating to Jurors. ■■■ 559 19 Victoria. 41 560 42 An Act for better securinsr the Libertv of the Subiect 561 47 67 An A ct to explain Chapter 120, Title XXXI, of the Revised Statutes, " Of Banking." An Act to amend Chapter 138, Title XXXVII, of the Revised Statutes, " Of Sum- mary Convictions," so far as the same may apply to the Parish of Portland 21 Victoria. 564 565 45 An Act to provide for the appointment of a Deputy Harbor Master for the Port and 566 23 Victoria. 28 37 An Act to amend the Law relating to Insolvent Confined Debtors >. 567 568 24 Victoria. 8 574 25 Victoria. 18 575 19 An Act in addition to Chapter 93, Title XVII of the Revised Statutes, "Of the Measure- ment of J^'irewood and Bark*' ■ 576 28 An Act relating to Corporations 577 26 Victoria. 10 An Act to amend Chapter 124, Title XXXIV, of the Revised Statutes, " Of Insolvent Confined Debtors'' ; 581 27 Victoria. 8 An Act relating to the issuing of Warrants by Justices of the Peace, and in aid of Police Omcers and Constables in the PTrprntinn of their duties 582 18 An Act relating to the Harbor of the City of Saint John 583 28 Victoria. 6 586 21 An Act for the protection of Moose 587 29 Victoria. 22 An Act to revive and continue an Act intituled, " An Act for the regulation of Benefit Building Societies" , ,, 589 30 Victoria. 10 An Act to establish County Courts * . . 591 29 An Act in amendment of twenty-fifth Victoria, Chapter 28, intituled, " An Act relating to Corporations " 592 Vlll Chap. 34.. Title of. Act. Acts of New Brunswick Subsequent to the Revised St^ivtes— Concluded. 30 Victoria {1861). An Act to amend Chapter 116, Title XXX, of the Revised Statutes, " 0/ Bills, Notes and Choses in Actions " ; also Act 12th Victoria, Chapter 39, relating thereto.. Acts of British Columbia. Revised Statutes. LAW OF the formerly SEPARATE COLONY OF VANCOUVER ISLAND. An Act for Consolidating in one Act certain provisions usuallj inserted in Acts authorizing the taking of Lands for undertakings of a Public nature LAWS OF THE FORMER SEPARATE COLONY OF BRITISH COLUMBIA. Proclamation of His Excellency James Douglas, Companion of the Most Honorable Order of the Bath, Governor and Commander-in-Chief of British Columbia and its dependencies, Vice-Admiral of the same, &c., &c An Ordinance to amend the Law relating to Joint Stock Companies LAWS OF BRITISH COLUMBIA AFTER THE UNION OF VANCOUVER ISLAND AND BRITISH COLUMBIA. An Ordinance to provide for the taking of Oaths and admission of Evidence in certain cases '.. An Ordinance to assimilate and amend the Law prohibiting the sale or gift of Intoxi- cating Liquor to Indians An Ordinance to regulate the Solemnization of Marriage An Ordinance to amend the Law of Partnership An Ordinance to encourage the Establishment of Investment and Loan Societies An Ordinance respecting " The Companies Ordinance, 1866" An Act to regulate Elections of Members of the Legislature of this Colony An Act to prevent Bribery, Treating and Undue Influence at Elections of Members of the Legislature An Act to amend the " Investment and Loan Societies Ordinance, 1869" An Act to make provision for enquiring into Controverted Elections and Disputed Returns of Members to serve in the Lpgislature An Act to exempt (in certain cases) Cattle farmed on shares, and their increase, from the operation of any Bankruptcy or Insolvency Laws Acts of Prince Edward Island. Revised Statutes — 20 George III. (3rd Session). An Act for the due observance of the Lord's Day 59 George III. An Act to prevent Acts of the General Assembly from taking effect from a time prior to the passing thereof 5 William IV. An Act for establishing a Court of Divorce in this Island, and for repealing a certain Act therein mentioned ■7 William IV. An Act for vesting all Estates and Property in this Island belonging to, or occupied for the Ordnance Service in the principal officers of His Majesty's Ordnance and for granting certain powers to the said principal officers ! Page. 593 IX Chap. Title of Act. Page. Acts of Pbinoe Edward Island — Concluded'. 6 Victoria. 14 Au Act relating to the Fisheries, and for the preTcntion of Illicit Trade in Prince 643 14 Victoria. 2 An Act to consolidate and amend the Laws now in force for the relief of Insolvent 649 4 658 15 Victoria, 14 660 15 663 34 An Act relating to the Oharlottetown Ferry and the wharves connected therewith.... 16 Victoria. 664 12 An Act to amend the Law of evidence 668 19 Victoria. 17 Au Act to alter and amend the Act relating to the Oharlottetown Ferry and the 669 19 An Act for transferring to one of Her Majesty's principal Secretaries of State the powers and estates vested in the principal officers of tbe Ordnance 672 20 Victoria. 10 An Act for better securinor the libertv of the subiect 676 23 Victoria. 23 An Act to amend the laws relating to Bills of Lading 679 24 Victoria. 7 An Act for the preservation of the alewives' fisheries in this Island 681 27 An Act relating to the punishment of certain cases of felony and misdemeanor 682 25 Victoria. 13 6S3 23 An Act for vesting all estates and property occupied by or tor the Naval Service of the United Kingdom of Great Britain and Ireland in the Lord High Admiral or the Commissioner for ezecuting the office of the Lord High Admiral of the said United Kingdom, for the time being 684 27 Victoria. 9 Au Aci to amend the Act now in force for the relief of Insolvent Debtors 688 32 An Act relating to Steam communication between Oharlottetown and certain parts of the Hillsborough and Elliot Rivers, and to repeal a certain Act therein mentioned 689 29 Victoriai 11 An Act to amend the Act intilnUi, "An Act for establishing a Court of Divorce in this Island, andfor repealing a certain Act therein mentioned^^ 691 37 692 31 Victoria. 14 709 Acts of Pkincb Edvyard Island Subsequent to the Revised Statutes. 32 Victoria. An Act to provide for the service of Divorce Process on absent parties An Act to eaable the Government to secure TelegrftphicCommunication 33 Victoria. An Act to procure a Steamboat for the Georgetown Ferry 34 Victcria. An Act to encourage Steam communication between Charlottetown and Mount Stewart Bridge on the Hillsborough River An Act relating to certain Grants by the Crown An Act to amend the Act to procure a Steamboat for the Georgetown Perry Acts of the Parliament of Canada. 31 Victoria. An Act respecting the construction of " The Intercolonial Railway " An Act to enable Her Majesty to provide for the Widow an>d Children of the late Honorable Thomas D'Arcy McGee An Act to amend " yln Act to provide for the improvement and management of the Harbor of Quebec," and the Act amending the same 32-33 Victoria. An Act to provide means for improving the Harbors and Channels at certain Ports in the Provinces of the Dominion An Act to amend the Act of the late Province of Canada, twelfth Victoria, chapter 114, to consolidate the Laws relative to the powers and duties of the Trinity House of Quebec, and for other purposes An Act to amend the Act twenty-third Victoria, Chapter 123, being an Act incorpO' rating the Corporation of Pilots for and below the Harbor of Quebec An Act to amend the Act respecting the improvement and management of the Harbor of Quebec 33 Victoria. An Act to amend and continue the Act thirty -two and thirty- three Victoria, Chapter 3, and to establish and provide for the Government of the Province of Manitoba An Act to remove ceitain restrictions with respect to the issue of Bank Notes in Nova Scotia An Act to amend and extend the Act to provide means for improving the Harbors and Channels at certain Ports in the Provinces of the Dominion An Act respecting certain Works on the Ottawa River An Act to continue and make permanent certain Acts and parts of Acts of the Pro- vince of New Brunswick relative to the Police Force in the Parish of Portland, in the City and County of St. John An Act to vest in Her Majesty for the purposes therein mentioned, the property and powers now vested in the Trustees of the Bank of Upper Canada An Act further to amend the Acts respecting the improvement and management of the Harbor of Quebec An Act to authorize the Corporation of the Township of Oollingwood, in the County of Grey, to impose and collect Tolls or Harbor Dues at the mouth of Beaver River, and for other purposes • An Act to authorize the Town of Belleville to impose and collect Harbor Dues, and for other purposes 34 Victoria. An Act to amend the Act thirty-third Victoria, Chapter 40, respecting the settlement of the affairs of the Bank of Upper Canada An Act to prolong, for a certain time, the term allowed for the redemption of Rents reserved on certain Indian Lands in the Township of Dundee An Act to authorize the Sale of the Oakville Harbor , Title of Act, Acts of the Parliament of Canada — Continued. 34 Fjcio)'/a— Concluded. An Act respecting certain Officers of the Trinity House of Quebec An Act to provide for the appointment of a Port Warden for the Harbor of Quebec An Act further to amend the Acts respecting the improTement and management of the Harbor of Quebec — •• An Act to extend the provisions of the Act authorizing the imposition and collection of Harbor Dues by the Corporation of the Town of Owen Sound An Act to authorize the incorporated Village of Trenton to impose and collect Harbor Dues, and for other purposes 35 Victi,ria. An Act to amend the Act thirty-fourth Victoria, Chapter 3, respecting the Loan for pajirig a certain sum to the Hudson's Bay Company An Act to amend the Act, Chapter 47 of the Consolidated Statutes for Upper Canada, intituled " An Act respecting Rivers and Streams" ••••• An Act for imposing Tonnage Dues and Wharfage Rates, to meet the cost of improving the navigation of the St. Lawrence between Montreal and Quebec An Act to extend the Acts thirty-second and thirty-third Victoria, Chapter 40, and thirty-third Victoria, Chapter 20, to the Port of Collingwood An Act to provide for the appointment of a Harbor Master for the Port of Halifax 36 Victoria. An Act to add to the number of the Members of the Corporation of the Trinity House of Quebec, and to increase the powers thereof An Act to amend the Acts relating to Port Wardens at Montreal and Quebec Anjlct to amend the Act to provide for the appointment of a Harbor Master for the Port of Halifax An Act to amend the Act respecting the construction of the Intercolonial Railway, An Act respecting Wreck and Salvage An Act to make further provision for the improvement of the Eiver St. Lawrence between Montreal and Quebec An Act respecting the Trinity House and Harbor Commissioners of Montreal An Act further to amend the Acts to provide for the management and improvement of the Hacbor of Quebec An Act respecting the Harbor of Pictou, in Nova Scotia An Act to amend the Act respecting Joint Stock Companies to construct Works to facilitate the transmission of Timber down Rivers and Streams 37 Victo An Act to provide for the construction of the Canadian Pacific Railway An Act to amend the Act respecting the construction of the Intercolonial Railway An Act to authorize the transfer of the Windsor Branch of the Nova Scotia Railway to the Western Counties Railway Company An Act to authorize the advance of a certain sum to the Province of British Columbia for the construction of a Graving Dock at Esquimalt, and for other purposes... An Act to authorize the purchase of the Pier or Breakwater at Cow Bay, Nova Scotia, and to provide for its maintenance An Act to amend the Act respecting the Trinity House and Harbor Commissioners of Montreal An Act to make further provision for the management of Permanent Building Societies carrying on business in the Province of Ontario 38 Victoria. An Act respecting the Intercolonial Railway A"n Act respecting the Lien of the Dominion on the Northern Railway of Canada . An Act respecting the Trinity House and Harbor Commissioners of Quebec An Act respecting the Graving Dock in the Harbor of Quebec, and authorizing the raising of a Loan in respect thereof. Page. XII Chap. Title of Act. Acts of the Parliament op Gi^'slda.— Continued, 39 Victoria. 6 An Act to amend the Act thirty-eighth Victoria, CIiapter23, respecting the Northern Railway of Canada 16 An Act respecting the Intercolonial Railway If An Act respecting the Desjardins Canal •38 An Act to remove doubts under the Acts therein mentioned respecting the Harbor Commissioners of Montreal, and to amend the same 39 An Act to remove doubts unfler the Acts therein mentioned respecting the Corpora- tion of the Quebec Harbor Commissioners 40 Victoria. 3 An Act respecting the Great Seals of the Provinces of Canada, other than Ontario and Quebec 46 An Act to authorize the transfer of the Truro and Pictou Branch of the Intercolonial Railway, to the person or company constructing a line of railway from New Glasgow to the Strait of Canso, and providing a proper ferrjr across the Strait. -47 An Act respecting the claim of the Dominion on the Nortliern Railway Company ol Canada 48 An Act to amend the Act tliirty-seventh Victoria, Chapter 50, respecting Permanent Building Societies in Ontario 49 An Act to amend the '^ Act to make further provision for the managemen' of Perma- manent Building Societies carrying nn business in the Province of Ontario" 50 An Act to malse further provision respecting the constituting and management of Building Societies in the Province of Quebec 51 An Act further to amend the Acts to provide for the management of the Harbor of Quebec, and the " Pilot'ige Act, 1873" 52 An Act to authorize the Town of Kincardine, in the County of Bruce, to impose and collect certain 'i.olls at the Harbor in the said Town 53 An Act respecting Tolls in the Harbor of Montreal 16.. 22.. 10.. u.. 12.. 13.. 14.. 29., 30., 48.. 49., 61., 41 Vctoria. An Act respecting the traffic in Intoxicating rjiquora An Act to amend the Law respecting Building Societies carrying on business in the Province of Ontario 42 Victoria. An Act to amend an Act intituled "An Act respecting the Inter cloninl Railway " .. passed in the thirty-ninth year of the reign of Her Majesty Queen Victoria An Act for the acquisition by the Dominion of a certain portion of the Grand Truul Railway, to be made part of the Intercolonial Railway An Act to amend " The Truro and Pictou Railway Transfer Act, 1877" An Act to amend " The Can 'dian Pacific Railway Act, 1874" An Act further to amend " The Canadian Pacific Railway Act, 1874" An Act to amend the Acts respecting the Trinity House and Harbor Commissioners of Montreal An Act to amend the " Act respecing the Harbor of Pictou, in Novii Sec ia " An Act respecting the Harbor of North Sydney, in Nova Scotia An Act to provide for the Liquidation of the affairs of Building Societies in the Province of Quebec An Act respecting Building Societies carrying on business in the Province of Ontario An Act to amend so much of the Act thirty-third Victoria, Chapter 46, as relates to the imposition and collection of Dues and Tolls upon Logs, Timber, Pine, Cedar and Railway Ties passing down the River Moira, through the Port of Belleville 43 Victoria, An Act to confirm the purchase, by the Dominion, of a portion of the Grand Trunk Railway, and the agreement made with the Grand Trunk Railway Company of Canada with respect thereto- An Act to amend the Act. respecting Joint Stock Companies to construct works to facilitate the transmission of Timber down Rivers and Streams 940 942 952 Title of Act. Acts op the Parliamext of Canada — Continued. 43 Victoria - Concluded. An Act to confirm a certain Order of the Governor in Council respecting the Graving Dock at Bsquimalt An Act to ratify and confirm a certain agreement therein mentioned between the Government of Canada and the Canada Central Railway Company An Act to authorize the raising of a further sum to enable the Quebec Harbor Com- missioners to complete their Tidal Dock An Act to amend the Acts respecting the Trinity House and Harbor Commiasionere of Montreal An Act to enable the Harbor Commissioners of Montreal to pay a life annuity to the Widow of the late Honorable John Youn^ An Act further to amend " An Act respecting the Harbor of Pictou, in Nova t'cotia An Act for the reliet of Permanent Building Societies and Loan Companies 44 Victoria. An Act respecting the Canadian Pacific Railway An Act to amend the Act thirty-sixth Victoria, Chapter 60, respecting the Montreal Harbor Commissioners An Act relating to the Canada Military Asylum at Quebec 45 Victoria. An An An An An An An An An An An An An An An An An An Act to provide for the allowance of drawback on certain articles manufactured in Canada, for use in the construction of the Canadian Pacific Railway Act to increase the amount placed at the disposal of the Governor in Council by the Act thirty-four Victoria, Chapter 8, for paying off claims on the Bank of Upper Canada Act to provide for the granting of subsidies for the construction of certain Lines of Railway therein mentioned Act to provide for building certain Branch Lines of Railway from points on the Intercolonial Railway and Prince Edward Island Railway respectively Act respecting the "Windsor Branch of the Intercolonial Railway Act to encourage the construction of Dry Docks by granting assistance on certain conditions to Companies constructing them Act to further amend the law respecting Building Societies and Loan and Savings Companies carrj^ing on business in the Province of Ontario Act concerning Marriage with a Deceased Wife's Sister Act further to amend the Act respecting the Trinity House and Harbor Commis- sioners of Montreal Act to make further provision for the improvement of the River St. Lawrence, between Montreal and Quebec Act to amend and consolidate the Acts relating to the Oifice of Port Warden for the Harbor of Montreal Act further to amend the Acts to provide for the improvement and management of the Harbor of Quebec Act to amend the Act thirty-fifth Victoria, Chapter 42, respecting the appoint- ment of a Harbor Master for the Port of Halifax Act to amend the Act respecting the Harbor of North Sydney, in Nova Scotia. Act relating to the Harbor of St. John, in the Province of New Brunswick Act to provide for the improvement and management of the Harbor of Three Kive Act to authorize the construction, on certain conditions, of the Canadian Pacific Railway through some Pass other than the Yellow Head Pass Act to provide for the granting of a subsidy to the Chiguecto Marine Transport Railway Company (limited) 46 Victoria. An Act to encourage the manufacture of Pig Iron in Canada from Canadian Ore... An Act to amend the Act passed in the forty-fifth year of the reign of Her present Majesty, intituled "An Act to repeal the duty on Promissory Notes, Drafts and Bills of Exchange" An Act foi authorizing- Subsidies for the construction of the Lines of Railway therein mentioned An Act to provide for advances 1o be made by the Government of Canada to " The Saint John Bridge and Railway Extension Company " XIV Title of Act Acts of the Parliament op G\TSA.T)i.— Continued. 46 Victoria— Conclaiei. An Act to make farther provision for deepening the Ship Channel of the River St. Jjawrence, between Montreal and Quebec An Act to amend the Act thirty-sixth Victoria, Chapter 63, and the Act forty-third Victoria, Chapter seventeen, respecting the Quebec Harbor Commissioners.. .. An Act to amend the Act thirty-eighth Victoria, Chapter 56, intituled, "An Act respecting the Graving Dock in the Harbor of Quebec, and authorizing the raising of a loan in respect thereof" An Act respecting the Harbor Master of the Harbor of Three Rivers An Act further to amend the Act respecting the Harbor of Pictou 47 Victoria. An Act to amend the Act intituled, " An Act respecting the Canadian Pacific Rail- way, and for other purposes^ ^ ". An Act for giving effect to an agreement therein mentioned between the Government of the Dominion and that of Nova Scotia An Act respecting the Vancouver Island Railway, the Esquimau Graving Tock. and certain Railway Lands of the Province of British Columbia, granted to the Dominion i , An Act to authorize certain subsidies and grants for and in respect of the construc- tion of the Lines of Railway therein mentioned An Act to make further provision towards the completion of the Tidal Dock in the Harbor of Quebec An Act to authorize the advance of a further sum for completing the Graving Dock in the Harbor of Quebec An Act respecting the Territory in dispute between the Dominion of Canada and the Province of Ontario An Act to amend the Acts fortieth Victoria, Chapter 49, and forty-fifth Victoria, Chapter 24, being Acts relating to Permanent Building Societies and Loan and Savings Companies carrying on business in Ontario 48-49 Victoria. An Act to provide for the taking of a Census in the Province of Manitoba, the North- west Territories and the District of Keewatin An Act to amend the Act forty-fifth Victoria, Chapter seventeen, to encourage ths construction of Dry Docks An Act to provide for the fitting representation of Canada at the Colonial and Indian Exhibition, to be held in London in the year 1886 An Act further to amend the Acts respecting the Canadian Pacific Railway, and to provide for the completion and successful operation thereof An Act to authorize the granting of further subsidies to and making farther pro vision for the construction and efficient operation of the Railways therein described An Act to authorize the granting of the subsidies therein mentioned in aid of the construction of certain Railways An Act to authorize the grant of certain subsidies in land for the construction of the Railways therein mentioned An Act to authorize grants of land to members of the Militia Force lately on active service in the North-West An Act to authorize the advance of a certain sum to the Harbor Commissioners of Three Rivers An Act for facilitating navigation of the River St. Lawrence, in and near the Harbor of Quebec An Act to amend the Acts respecting the appointment of a Harbor Master at the Port of Halifax 49 Vic'oria. An Act further to amend the Act respecting the Canadian Pacific Railway An Act to authorize the granting of certain subsidies for and in aid ot the construc- tion of the Lines of Railways therein mentioned An Act to authorize the grant of certain subsidies in Land for the construction of the Railways therein mentioned Chap. Title of Act. Page. 12 ■ An 13 An 14 An 15 16 17 An An An 18 An 19 20 An An 29 An 30 An 31 32 33 38 An An An An AoTS or THE Parliament ob' GAUAoi.— Concluded. 49 Victoria— ConclMiei. . Act to amend an Act to authorize the granting of Subsidies in Land to certain Eailway Companies I Act respecting the extension of the Intercolonial Railway from a point at or near Stellarton to the Town of Pictou I Act to authorize the construction of a Railway from the Straits of Canso to Louisburg or Sydney, as a Public Work I Act respecting the Railway from Esquimau to Nanaimo, in British Columbia , I Act respecting the Carleton, City of Saint John, Branch Railroad I Act respecting certain Subsidies for a Railway from Metapediac, on the Inter- colonial Railway, to Paspebiac I Act to amend the Act to provide for the granting of a Subsidy to the Chignecto Marine Transport Railway Company (limited) Act respecting the improvement of the Harbor of Quebec ........".'.".',."!!. I Act respecting the transfer of the Lighthouse at Cape Race, Newfoundland, and its appurtenances, to the Dominion of Canada I Act to make further provision respecting grants of Land to Members of theMiiitia Force on Active Service in the North-West I Act respecting Tolls over the Dunuville Dam and Bridge connecting works con- structed over the Grand River ., I Act respecting the Union Suspension Bridge !!."...!!!!!.'!!!."!""! .'. 1 Act respecting the Burlington Bay Canal "..'..........".'..".'.'.'.....!!!!!.' I Act for the refief of the Corporation of the Town of Cobourg".'.'.'.'.!'.!'.'.'...'..'.'. '"!! L Act respecting the Bounty on Pig Iron Manufactured in Oanada'fromCauadi'an Ore 1148 1150 1151 1152 1154 1156 1158 1162 1163 1165 1167 1168 1169 1170 1171 A- OTS OF THE LATE PKOVINOE OF OAISTADA PRIOR TO THE CONSOLIDATED STATUTES, 12 VIC, CHAP. 114. An Act to consolidate the Laws relative to the Powers and Duties of the Trinity House of Quebec, and for other purposes. [^Oth May, 1849.] WHEEEAS the provisions of the Acts and Ordinances Preamble, now in force, relative to the powers and duties of the Trinity House of Quebec, to Pilots and Pilotage in and below the Harbour of Qnebec, to the fund for decayed Pilots, their widows and children, and to other matters therein mentioned, have become obscure by repeated amendments ; and whereas experience hath shewn that they ^re insuffi- cient for the purposes for which they were framed, and it is therefore expedient to repeal them, and to 'amend and con- solidate the provisions therein contained, and to enact other provisions : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parlia- ment of the United Kingdom of G-reat Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: — Firstly. — That the Act of the Parliament of the Province Certam Acts of Lower Canada, passed in the forty-fifth year of the Eeign o^nada re- ef King G-eorge the Third, intituled. An Act for the better pealed. 1 1 2 ^ Chap. 114. Trinity House, Quebec. 12 ViCT, 45 G. Ill, c. regulation of Pilots and Shipping in the Port of Quebec and in the Harbours of Quebec and Montreal, and for improving the Navigation of the River St. Lawrence, and far establishing a Fund for decayed Pilots, their Widows and Children, i& ' .repealed ; 47 G. m, c. Secondly.— The Act of the said Parliament, passed in the forty-seventh year of the Reign of King G-eorge the Third, intituled : An Act to amend an Act passed in the forty.fifth year of the Reign of His present Majesty, intituled. An Act for the better regulation of Pilots and Shipping in the Port of Quebec, and in the Harbours of Quebec and Montreal, and for improving the Navigation of the River St. Lawrence, and for establishing a Fund for decayed Pilots, their Widows and Chil- dren, is repealed ; 51 G. Ill, c. Thirdly. — The Act of th^ said Parliament, passed in the ^^- fifty-first year of the Eeign of King G-eorge the Third, inti- tuled, An Act to amend an Act passed in the forty-fifth year of His Majesty's Reign, intituled : An Act for the better regu- lation of Pilots and Shipping in the Port of Quebec, and in the Harbours of Quebec and Montreal, and for improving the Navigation of the River St. Lawrence, and for establishing a Fund for decayed Pilots, .their Widows and Children, is re- pealed ; 52 G. Ill, c. Fourthly. — The Act of the said Parliament, passed in the ^^- fifty-second year of the Eeign of King G-eorge the Third, intituled : An Act to amend an Act passed in the forty-fifth year of His Majesty's Reign, intituled : .An Act for the better regulation of Pilots and Shipping in the Port of Quebec, and in the Harbours of Quebec and Montreal, and for improving' the Navigation of the River St. Lawrence, and for establishing a Fund for decayed Pilots, their Widows and Children, i& repealed ; 59 G. Ill, u. Fifthly.— The third section of the Act of the. said Parlia- ' ^' ' ment, passed in the fifty-ninth year of the Eeign of King G-eorge the Third, intituled. An Act to prevent accidents in the landing of Gunpowder from Ships or other vessels in the Harbour of Quebec, and to guard against the careless trans- porting of the same into the Powder Magazine, is repealed ; 2 G. IT, c. 7. Sixthly. — The Act of the said Parliament, passed in the second year of the Eeign of King G-eorge the Fourth, intituled. An Act further to amend and extend the provisions * of certain Acts therein mentioned, relating to Pilots and to the Navigation of the River St. Lawrence, and for other purposes therein specified, is repealed ; 2 w. IV, c. Seventhly. — The Act of the said Parliament passed in the ^^' fourth year of the Eeign of His late Majesty King "William the Fourth, intituled. An Act to make provision for indemnify- ing Pilots while detained in Quarantine, is repealed ; 4 v., c. 5. Eighthly. — The Ordinance of the G-overnor and Special Council of the Province of Lower Canada, passed in the fourth year of Her Majesty's Eeign, intituled, An Ordinance to authorize the Corporation of the Trinity House of Quebec 2 1849. Trinity House, Quebec. Chap. 114. 3 to borrow a certain sum of money, and for other purposes relative to the said Corporation, is repealed ; Ninthly.— "^hQ Ordinance of the aovefnor and Special 4 V. , o. 6. Council of the Province of Lower Canada, passed in the fourth year of the Eeign of Her Majesty, intituled, An Ordinance to empower the Corporation of the Trinity House of Quebec to sell and convey a certain portion of the Harbour of the Cul-de-Sac, in the City of Quebec, to the Corporation of the said City, is repealed ; Tenthly.— The Act of the Parliament of this Province, 4-5 v., c. i5. passed in the Session held in the fourth and fifth years of Her Majesty's Eeign, intituled, An Act to repeal and amend, in part, certain Acts and a certain Ordinance therein mentioned, and to extend the powers and increase the funds of the Corporation of the Trinity House of Quebec, is repealed ; Eleventhly.— ^o much of the Act, of the said Parliament, Part of 8 V., passed in the eighth year of Her Majesty's Reign, intituled, *=• • An Act to amend the Ordinances incorporating the City of Quebec, as shall be inconsistent with this Act, is repealed ; Twelfthly. — No Act or Ordinance or part of an Act or Acta, &o., re- Ordinance repealed by any Actor Ordinance hereby repealed SActI, shall be revived by virtue of this Act. &c., not re- II. And be it enacted — First. — That notwithstanding the Things done repeal of the Acts and Ordinances, or parts of Acts or qafred^^nder" Ordinances before mentioned, all things done and all rights the repealed acquired in virtue of the said Acts or Ordinances shall be ^^ain^vaiid. valid, all penalties incurred shall be recoverable, and all proceedings or matters commenced may be continued as if the Acts and Ordinances so repealed were still in force ; Secondly. — ^The corporation of the Trinity House of Que- Corporation bee shall not be dissolved by the passing of this Act, but iating°to^co^^" shall continue, and the present Master, Deputy Master tinue. and Wardens of the said Corporation, and their successors in the same offices, appointed in the manner prescribed by this Act shall, without any new appointment, remain and continue to form and constitute a Body Politic, incorporated for the purposes of the present Act, under the name of The Trinity House of Quebec, which shall be one and the same Corporation with that heretofore existing under the name of the Master, Deputy Master and Wardens of The Trinity House of Quebec ; they shall continue to have perpetual succession, and a Common Seal, with power to change and renew it at pleasure ; they and their successors may plead and be impleaded in any Court of Eecord or Judicial Tribunal in this Province, in like manner as any other body corporate or party ; and may purchase and hold immovable property as sites for lighthouses, and for other the purposes of this Act ; and may purchase and hold any movable pro- perty whatsoever for like purposes, or for the other purposes of this Act ; 1^ 8 Chap. 114. Trinity House, Quebec. 12 Vict. Present ofS- cers continu- .ed. Exception. Members of the corpora- tions. Office of de- puty master made tempo- rary. Members not to be interest ed in con- tracts, &c. Superintend- ents of pilots. One to be a warden. Qualification of the master. Harbour mas- ter and assist- ant. The latter office to be temporary. Officers, &c., how appoint- ed. Thirdly.— The present Officers of the Trinity House of Que- bec, and the other Functionaries of the said Corporation, shall retain their respective offices, as if this Act had not been passed ; except that, after the passing hereof, the offices of Clerk and Treasurer shall be held by separate persons ; Fourthly.— The Trinity House of 'Quebec shall consist of a Master, Deputy Master and seven Wardens, who, with the Master and Deputy Master, shall have, in the manner here- in prescribed, the right of giving their opinion, and voting upon all the affairs of the Corporation ; 'but the office of Deputy Master shall cease from and after the resignation, removal or decease of the present Deputy Master, and the Trinity House of Quebec shall then consist of a M aster and Eight Wardens ; Fifthly.— Th&i no Member of the Trinity House of Que- bec shall directly or indirectly contract with the said Corpo- ration, nor be in any manner interested in or capable of deriv- ing any interest iinder any contract inade w^ith the said Cor- poration by any other person ; and any Member who shall have any coiitract with the Corporation at the time of the passing of this Act shall cease to be a member thereof ; Sixthly. — There shall be two Superintendents of Pilots, who shall be Branch Pilots, having practised as such for at least ten years. The senior in office shall be one of the Wardens of the Trinity House of Quebec ; in his absence the other Snperintendent of Pilots shall act as Warden, with the same power and functions ; Seventhly. — The Master of the Trinity House of Quebec shall be ex-officio the Principal of the Corporation ; Eighthly. — There shall be, as heretofore, a Harbour Mas- ter and an Assistant Harbour Master of the Harbour of Quebec ; except that the office of Assistant Harbour Master shall cease on the resignation, removal or decease of the present incumbent ; Ninthly. — The Grovernor may appoint, by an Instrument under the Grreat Seal of the Province, all the Officers and other Functionaries required by the present Act, and may remove at his pleasure, collectively or separately, the Master, the Deputy Master, the Wardens, the Harbour Master, the Assistant Harbour Master, the Superintendents of Pilots,the Treasurer, the Clerk, the Bailiff", and the other Officers and Functionaries of the Corporation, and appoint others, except to the offices of Deputy Master of the Trinity House of Que- bec, and of the Assistant Harbour Master, which offices shall be abolished on the removal of the incumbent. Officers to have fixed salaries, &c. Application of moneys. III. And it be enacted — First. — That all the Officers of the Trinity House of Quebec shall receive fixed salaries out df the funds of the said Corporation ; and, except moneys which under this Act go to the Pilot Fund, all fees and moneys received for any cause whatsoever, under this Act or any By-law made under it, shall go towards defraying 4 1849. Trinity House, Quebec. Chap. 114. 5 the expensos of the Corporation ; Secondly.— The salary of The aaUries. the Master shall not exceed two hundred and fifty pounds a year ; that of the present Harbonr Master shall not exceed five hundred pounds a year ; nor that of any of his succes- sors four hundred pounds a year ; that of the Assistant Harbour Master shall not exceed one hundred and eleven pounds, two shillings and two pence a year ; that of each Superintendent of Pilots shall be one hundred and seventy- five pounds a year ; that of the Treasurer shall be three hund- red and fifty pounds a year ; that of the present Clerk shall be three hundred pounds currency a year ; but that of any of his successors shall not exceed two hundred and fifty pounds a year ; the salary of the Bailiff shall not exceed one hundred pounds a year ; the salaries which are not hereby As to salaries fixed shall be fixed by the aovernor within the limits here- ^xlt'T by prescribed. IV. And be it enacted, That all By-laws legally made by Former by- the Trinity House of Quebec before the passing of this Act ^7' <='"'*'""■ shall, in so far as they contain nothing inconsistent with this Act, remain in force until repealed or amended, or until others shall be enacted in lieu thereof by the said corpora- Exception, tion, but so much thereof as may be inconsistent with this Act is hereby repealed. V. And be it enacted. That the Master, Deputy Master Meetings of and "Wardens of the Trinity House of Quebec, or any three of tion!''"^^°™' them, may meet on. such days and at such place as they may think proper, and may adjourn indefinitely or to a fixed day at pleasure ; but they shall meet at least twice a week ProTiso. during the season of Navigation ; their' acts shall be valid provided three of them meet at their then usual place of Qnorum. sitting ; at their meetings, the Master, or, in his absence. President, the Deputy Master, or if neither be present, the senior "Warden, shall preside. YI. And be it enacted. That at any such meeting the T. H.Q.,may Master, Deputy Master and Wardens of the Trinity House of for certaiu*^^ Quebec, or any three of them, may, in the manner provided purposes. in the last preceding section of this Act, make such By-laws and Orders as they may deem fitting and useful, provided Profiso. the same be not contrary to the Maritime laws of Grreat Britain, to the Laws of this Province- or to this Act ; the objects for which such By-laws and Orders shall be made being the following : — First. — The internal management and government of the Purposes for Corporation of the Trinity House of Quebec and of its pro- JIws may'be perty, mbvable and immovable ; made. Secondly. — The security and the facility of the Naviga- tion of the Eiver St Lawrence, from the Basin of Portneuf, in the County of Portneuf, to the Eastern Limit of this Pro- vince, and of the navigable portions of the several rivers 5 6 - Chap. 114. Trinity House, Quebec. 12 ViCT. whicli flow into this Eiver or into the Grulf of St. Lawrence, within the Limits prescribed by this Act ; , Thirdly.— The placing and removal of buoys and beacons ; Fourthly —The erection of lighthouses, floating lights, lanterns and other signals ; Fifthly. — The dredging and clearing- away of sands, rocks or other obstructions ; Sixthly. — The improyement and management of the Har- bour of Quebec, and of the Cul-de-Sac ; Seventhly. — ^The anchoring, mooring, riding and fastening of vessels and craft, of all kinds in the Harbour of Quebec, and the control of such vessels and craft whether in the stream, at a wharf or landing place, or hove down or hauled up for repair, in the Harbour of Quebec ; Eighthly. — ^The regulation and control of the use of lights and fire on board such vessels and craft in the Cul-de-Sac, and at the wharves in the said Harbour ; Ninthly. — The manner of boiling or melting pitch, tar, turpentine, resin or any other inflammable substance on the beaches in the said Harbour of Quebec or in the Cul-de-Sac ; Tenthly. — The appointment of the place or places in the said Harbour for the landing of Grunpowder from merchant vessels, and the route by which it may be carried to the Magazine ; Eleventhly — The construction of wharves and of build- ings thereon for the use of the Trinity House of Quebec ; Twelfthly. — The imposing, levying and receiving of wharfage or other dues to be paid by vessels and craft of all kinds entering the Cul-de-Sac,- ot undergoing repairs or wintering therein; Thirteenthly. — ^The regulation and government of Pilots licensed as such for the Port of Quebec ; Fourteenthly. — The conduct of Pilots towards their Appren- tices, and of Pilots' Apprentices towards their Masters ; Fifleenthly. — The qualification, instruction, service, super- vision, control and examination of the Pilots' Apprentices. Formalities YII. And be it enacted, That no By-law made by the Trin- lawshau^a^e ^^1 House of Quebec shall take efiect, unless it be published effect. twice a week during two weeks in English, in a Quebec newspaper published in English, and twice a week during two weeks in French, in a Quebec newspaper published in French, nor unless it be submitted to the Grovernor for His Sanction at least fifteen days after such publication. Publication YIII. And be it enacted. That every By-law sanctioned S W by tbe aovernor, and certified by the Clerk of the Executive tion. Council, shall, before it shall take efiect, be inserted twice a week during two weeks in English, in a Quebec news- paper published in English, and in French in a Quebec newspaper published in French ; and such By-laws shall be then printed in pamphlet form, and any person shall be 6 1849. Trinity House, Quebec. Chap. 114. T -entitled to a copy on paying its fair value, and a copy of *^°P'^^*° ^? any By-law of the Trinity House of Quebec, certified by the their effect. Clerk under the Seal of the Corporation, shall be deemed authentic, and shall avail accordingly in all Courts of Justice in this Province. IX. And be it enacted, That the Trinity House of Quebec By-i^^ws may^^ may, by any By-law made under this Act, impose penalties ties. ^ °* " not exceeding ten pounds, on any person contravening such By-law, or any Order which the Corporation may lawfully make under this Act, or under any such By-law. X. And be it enacted, That the Trinity House of Quebec Cui-de-Sac to -shall continue to possess the property of Her Majesty situate sessSn S the" in the Lower Town of Quebec, and known by the name of T- H. Q. the Cul-de-Sac Harbour, whether covered or not covered by the flow or ebb of the tide, with its dependencies, and may exercise the rights thereunto belonging ; but shall not dis- possess or molest the persons possessing the wharves on the North side of the Cul-de-Sac, nor deprive them of the advan- tages, revenues and profits to which they are now entitled XI. And be it enacted, That for the purposes of this Act, F°'^^°^'^'^*' the Port of Quebec shall comprise all that part of the River St. Lawrence between the Basin of Portneuf, inclusively, and the Gulf of St. Lawrence, that part of the Gulf of St. Lawrence which is comprised within the Limits of this Prov- ince, or which borders upon' its coasts, and that part of all rivers, waters, creeks, bays and coves within the said limits, where the tide ebbs and flows. XII. And be it enacted. That the Harbour of Quebec shall ?*"^^°'^'^P^g comprise that part of the Eiver St. Lawrence between Saint ed.* ^"^ ^ "* Patrick's Hole, inclusively, to the Cap-Rouge Eiver, inclu- sively, and that part of the Elvers Montmorency, St. Charles, Etchemin, Chaudiere, Cap Eouge and others, where the tide ebbs and flows. XIII. And be it enacted, That for the purposes of this Limits of the Act, the Eiver St. Lawrence shall be held to enter the Gulf ■"''^'■• of St. La-CT rence at an imaginary line drawn from the Eastern Anchorage ground of He Barnahe to the Eastern Anchorage ground under Cape Columbia, on the North shore; and vessels of every kind bound inwards shall be considered to. be in the Eiver St. Lawrence when they shall be above this imaginary line. XIV. And be it enacted. That every Member of the Trinity lumbers and, House of Quebec, _ and every Officer thereof, shall, before h. Q.f to take entering upon the duties assigned to him by this Act, make an oath of oath before a Judge of the Court of Queen's Bench or one of the Prothonotaries thereof, that he will faithfully perform the duties of his office. 8 Chap. 114. Trinity House, Quebec. 12 YiCT. TV.— Repealed by 36 V., c. 54. Pilots branch- XYI. And be it enacted, That every Pilot having a Branch ed before this ^^^^^^ ^-^^ passing of this Act, shall keep the same until he shall forfeit it for any of the causes herein mentioned. XVII, XVIII and TIT.— Repealed by 36 V., c. 54. T.H.Q.,may XX. And be it'enacted, .That the Trinity House of Que- b^anche^&c. ^^0 may, by By-law, fix the fees to be received in suits ' brought before it, or for delivering and registering Pilots' Branches, or for any other cause whatsoever. forobtaMu"^ XXI. And be it enacted, That no person shall obtain a a branch. Branch as Pilot, unless he proves that he has bona fide served a regular apprenticeship during seven consecutive years under a Branch Pilot authorized by license to have an apprentice as hereinafter mentioned and made four voyages to Europe ; nor unless he has been examined and found sufficiently conversant with arithmetic, able to speak, read •and write the English language and to calculate a ship's way on the chart, and to work a ship, and is perfectly well acquainted both with the North Channel of the Eiver St. Law- rence between Quebec and He du Bic and with the South Channel of the said River between the same limits, and has conducted himself soberly and. been of good moral conduct during his apprenticeship. TK.II.— Repealed by 36 V., c. 54. T^E.^Q^, may XXIII. And "be it enacted, That the Trinity House of Que- fosingordam- bec may fine, or according to the gravity of the ofience sus- aging a vessel pend or deprive of his Branch, any Pilot who shall be the charge. '^ cause of the loss of a vessel under his charge, or shall be the means of its sustaining damage, or being delayed for a con- siderable time ; and shall do so after complaint of the Master or owner of such vessel made to the Harbour Master, in in whose name the prosecution shall be brought ; the fine shall not in any case exceed ten pounds, and the Pilot shall not be suspended for more than two years. The Trinity House of Quebec may in its discretion abridge the period for which a Pilot may have been suspended, and shall not deprive the Pilot of his Branch unless he shall have caused the accident through drunkenness or gross misconduct. XXIV, XXV and TTVL— Repealed by 36 V., c. 54. Pilots BUS- XXVII. And be it enacted, That a Pilot suspended from ^e'tomed* ° the exercise of his functions or deprived of his Branch, shall branch pilots, not be deemed to be a Branch Pilot so long as this suspen- sion shall last, or his Branch shall not be restored to him. XXVIII and TTIT— Repealed by 36 V., c. 54. 8 1849. Trinity House, Quebec. ■ Chap. 114. 9 XXX. And be it enacted,' That any Master of a vessel Master pro-^^ promising to give or having given the charge of his vessel ™i°an^ not to a Branch Pilot, and afterwards refusing it or taking it from giving H. him, shall be obliged to pay to such Pilot the full pilotage on the vessel. XXXI. And belt enacted, That any Branch Pilot having Pilot to obey charge of a vessel, who shall refuse to obey the orders or maaten directions of the Harbour Master relative to to the making fast, casting off, shifting or removal of such vessel, shall incur a penalty not exceeding ten pounds. JXI\\.— Repealed by 36 V., c. 54. XXXIII. And be it enacted, That any person wishing to Apprentices become a Pilot's Apprentice must know how to read and ^emissi'oT write, and must previously obtain permission from the and enter Trinity House of Quebec. The agreement between the ^^^^l^^^l^^ Apprentice and the Master shall be by a Notarial Indenture, whereof the latter shall, under a penalty not exceeding ten pounds, deposit an authentic copy in the hands of the Clerk of the Trinity House of Quebec within three months after the date of the Indenture. XXXIV. And be it enacted, That Apprentices under Inden- Apprentices ture at the passing of this Act, shall, as regards their quali- ^e^tur'e^^'^ ^°" fication and examination, be subject only to the By-laws and regulations in force at the date of their Indentures. XXXV and TXXYl.— Repealed by 36 V., c, 54. XXXYII. And be it enacted, That the rates of pilotage Rates of pilot to which Branch Pilots shall be entitled, shall be those in those°iu the Tables One and Two of the Schedule A. annexed to this Act; sciieduie. any Pilot who shall knowingly receive more or less than the legal value of his services and the Master of any vessel who shall offer less than the rates enumerated in the said Schedule, shall respectively incur a penalty not exceeding ten pounds. XXXYllL—Repealed by 36 Y., c. 54. XXXIX. And be it enacted. That any vessel arriving in Certain ves- the Harbour of Quebec, and not having performed quaran- cee^d"t once' tine at G-rosse He, may proceed without stoppage to the *» ^^^ ballast ballast ground, or to any other place in the said Harbour. S':onn6., &c. XL, XLI and XLll.— Repealed by 36 Y., c. 54. XLIII. And be it enacted. That any Branch Pilot who Pilot bringing shall bring back to the Harbour of Quebec a vessel hav- after anTcd- ing sustained damage or lost any anchor or cable, shall dent. I 10 Chap. 114. Trinity House, Quebec. 12 ViCT. be entitled to the pilotage downwards for the whole dis- tance he may have gone, in accordance with th^e rates in the Schedule A. annexed to this Act, and further, to half pilotage for bringing the said vessel up. XLIV, XLV, XLVI, XLVII, XLVIII, XLIX, L, LI, LII, LIU, LIV and LY. ^Repealed by 36 V., c. 54. Pilot fund to LYI. And be it enacted, That the fund for the support continue, &c. ^^^ maintenance of decayed Pilots, their Widows and Children, shall continue as before the passing of this Act ; and the said fund and all moneys forming part thereof, either before or after the passing hereof, shall continue to be vested in the Trinity House of Quebec, which shall administer the same conformably to this Act. LVII, LVIII and. LIX.— Repealed by 36 V., c. 54. Supe^inten- LX. And be it enacted, That the Superintendents of triblte°t''o°and ^^1°*^ ^hall pay annually to the Treasurer of the Trinity share in the House of Quebec, for the Pilot Fund, one shilling in the fund. pound on the amount of their salary ; and in the event of their resignation or removal as Superintendents of Pilots, they shall be Branch Pilots for all the purposes of this Act, and shall participate in the Pilot Fund in the same manner as if they had never ceased to act as Pilots ; at their death, their Widows and Children shall have the same claim on the Pilot Fund as the Widows and Children of other Pilots. LXI, LXII and LXllL— Repealed by 36 V., c. 54. T.H. Q.,to LXIV. And be it enacted. That the Trinity House of decide differ- "- -.-_ ___. _ .. ences between Quebec, shall hear and finally determine every complaint ptiota'and " and difi"erence between Pilots and their Apprentices, and tic^s *^^'^^''' shall for this purpose have all the powers vested in Her Ma,jesty's Justices of the Peace and the Courts of Quarter Sessions in the several Districts of this Province, with regard to Masters and their Apprentices generally, and may from time to, time summon before it and examine any Pilot's Apprentice as to his progress in the business of a Pilot, and may impose a penalty not exceeding ten pounds on any Pilot who may have neglected the instruction of his Apprentice. Apprentices LXV. And be it enacted. That when at the expiration of prfentto'ae^Te his apprenticeship a Pilot's Apprentice shall be found for a. further incompetent to practice as a Pilot, the Trinity House of period. Quebec may oblige him to serv& for a time not exceeding twelve mouths over and above the period of apprenticeship hereby required, and may at each examination which such Pilot's Apprentice may undergo, oblige him to serve for a further period not exceeding twelve months, if it shall upon such examination deem him incompetent to practice as a Pilot. 10 1849. Trinity House, Quebec. Chap. 114. 11 LXVI. And be it enacted, That the Trinity House of o^er judicial Quebec may hear and determine : H. Q. ' First. Any matter in dispute between a Branch Pilot and the Master or owner of a vessel, relative to any sum of •money claimed for pilotage or other service of like nature ; Secondly. Any complaint against a Branch Pilot for negligence or misconduct in the performance of his duty, or for any contravention of this Act, or of any By-law or Order of the Trinity House of Quebec, legally made and valid under this Act ; Thirdly. — Any complaint for contravention of this Act, or of any by-law, or order of the Trinity House of Quebec, touching which there is no express provision, in any law regulating the powers and jurisdiction of the other judicial tribunals of this Province. LXYII. And be it enacted, That every suit brought before '^°^^^ ^^^^ the Trinity House of Quebec shall be by summons upon befofe^he^T. complaint and information ; and upon proof of service of the H. Q- sun^mons on the party complained against, by the Bailiff of the Trinity House of Quebec, or Marshal of the Admiralty, or any other officer specially appointed to make such service, the Trinity House of Quebec shall hear and determine such suit, whether the defendant be present or absent ; the sum- mons shall ■ issue under the seal of the Trinity House of Quebec and shall be signed by the Clerk of the said Corpo- ration ; a copy thereof may be served by any person legally authorized to make such service on shore, or on board of any vessel, not being one of Her Majesty's ships, to which the defendant may belong, either personally on the defendant, at his residence, or as the case may be, on one of the com- pany of any vessel under his charge ; there shall be at least forty-eight hours between the service of a summons and the hearing the complaint. LXVIII. And be it enacted. That the limits of the juris- Limits of jur- diction of the Trinity House of Quebec, so far as regards the shore.'°° "^ the service or execution of any summons or writ, in the manner prescribed by this Act, shall be those of the District of Quebec. LXIX. And be it enacted, That when the Trinity House of j^"^^ J"^i' ^ Quebec shall have rendered judgment against any party it q. shall be may execute the same by means of a writ issued in its Name executed. and under its Seal, signed by the Principal and countersigned by the Clerk of the said Corporation authorizing and requir- ing the Bailiff of the Trinity House of Quebec, or the Marshal of the Admiralty Court, or any other Officer named for that purpose, to levy by seizure and sale of th6 movables of the party against whom the judgment is rendered, the amount of such judgment with the costs of suit and of the seizure ; and if it appears by the return of the Bailiff or other Officer 11 12 Clxap. 114. Trinity House, Quebec. 12 ViCT. having the execution of the writ, that such movables are insufficient to satisfy the amount of the judgment and costs, the Trinity House of Quebec may imihediately issue a "Writ of arrest (observing the same formalities as in the former *Writ) authorizing the Bailiff, Marshal, or other Officer named as aforesaid, to apprehend the. person against whom such judgment was rendered and to convey him to the Common G-aol of the District of Quebec, there to remain for a period not exceeding one month, unless the amount of the judg- ment and costs be sooner paid. Suchjudg- L5X. And be it enacted. That when the party against Se^uM*^'*'* whom a judgment has been- rendered by the Trinity Hpuse the district of of Quebec shall not have sufficient movables within the Montreal, &c.j^-|.^g^j:(..(.JQ^ q£ ^j^g Corporation, but shall have movables within the jurisdiction of the Trinity House of Montreal, the Trinity House of Quebec may issue a "Writ (observing the formalities aforesaid) and address it to the Bailiff of the Trinity House of Montreal, w^ho, on receiving the same shall cause it to be endorsed by the Master of the Corporation, last named, and shall then execute and return it to the Trinity House of Quebec ; and if the movables be not sufficient to pay the amount of the judgment and costs, the Trinity House of Quebec shall issue a "Writ of arrest, addressed to the Bailiff of the Trinity House of Montreal, who after having had it endorsed by the Master of that Corporation, shall apprehend the person against whom it is issued, and convey him to the Common G-aol of the District of Montreal or of Three Rivers, as the case may be, there to remain for a period not exceeding one month, unless the amount of the judgment and costs be sooner paid. ^^n-antsof LXXI. And be it enacted. That the Bailiff of the Trinity executed.^ House of Quebec, or the Bailiff of the Trinity House of Mon- trea,l, or other Officer performing their duties, to whom a Writ of Execution or of arrest shall be addressed, may exe- cute it on board of any vessel, not being one of Her Majesty's ships, within the limits of the Port of Quebec, or of the Port' 6f Montreal, as the case may be. unto anV''^* LXXII. And be it enacted, That whenever under a Writ writofT-kq. issued by the Trinity House of Quebec, the Bailiff of that Corporation, or the Bailiff of the Trinity House of Montreal, shall have seized in the Harbour of Quebec or of Montreal, as the case may be, the movables of the party against whom the Trinity House of Quebec shall have rendered judgment as aforesaid, the sale of such movables shall be previously advertised at Quebec, or at Montreal, as the case may be, once in f'"nglish, in a newspaper published in English, and once in. French, in a newspaper published in French, and when the seizure shall be made in some other part of the Port of Quebec or of Montreal than in the Harbour of Que- 12 1849. Trinity House, Quebec. Chap. 114. 13 bee or of Montreal, as the case may be, the sale shall only . take place after public notice thereof, given on a Sunday or Holiday, at least twenty-four hoxirs previously at the door of the nearest church. LXXIII. And be it enacted, That any Pilot condemned in Appeal given any case to pay a penalty exceeding five pounds, or sus- tain' case". ''^'^" pended or deprived of his Branch, may appeal to the Court of Queen's Bench in Superior Term ; and any Pilot intend- ing to appeal from a decision of the Trinity House of Que- bec, shall give notice thereof in writing to the Clerk of the Corporation within fifteen days after such decision ; and after having previously given sufficient security for the costs in appeal, shall proceed with the appeal at ,the Superior Term next following the said fifteen days ; no judgment rendered against a Pilot by the Trinity House of Quebec from which he may appeal under this Act shall be executory until after the fifteen, days next following the date of such judgment ; and further, in case of appeal, the judgment of the Trinity House of Queb'ec, if affirmed, shall have effect and execution only after such affirmation, and if the Pilot be suspended, the term of suspension shall date from the day the judgment is affirmed. LXXIV. And be it enacted. That every person not being Appeal given a Pilot (whose case is elsewhere provided for by this Act), bem^g pilots? against whom the Trinity House of Quebec may have ren- dered judgment for a sum exceeding ten pounds, shall be entitled, provided he gives notice of his intention to the Clerk of the Corporation within four days after the date of such judgment, to appeal to the Court of Queen's Bench in Superior Term, on giving good and valid security to the party in whose favour the judgment was rendered for the amount thereof and of the costs of appeal and others, and shall proceed in the appeal at the then next Superior Term of the said Court. on a LXXY. And be it enacted. That the service of any sum- Service of mons upon a Pilot shall, if the Bailiff or person doing his p™t?hw duty cannot find the defendant, be sufficient if he serve a made. copy thereof on any other person either at the residence of the defendant or on board of his boat or other craft belong- ing to him, or on board of any vessel then under his charge. LXXVI. And belt enacted. That the Master of any vessel. Complaints believing that he has ground of complaint against his Pilot to^b?made°*^ for bad conduct during the upward or downward within a cei> passage of such vessel, shall, on pain of losing all right **^° *™®- of complaint, inform the Harbour Master thereof within ' four days after his arrival in the Harbour of Quebec ; and the right of complaint against a Pilot for any accident in the Harbour of Quebec or for any other cause, shall be lost to any Master of a vessel, who shall not submit^, his com- 13 14 Chap. 114. Trinity House, Quebec. 12 ViCT. plaint to the Harbour Master within forty-eight hours after such accident or other ground of complaint. Jxamiue'maY- ^XXVII. And be it enacted, That the Trinity House of ters of^Tessei' Quebec may summon before it the Master of any vessel in pilots, &c., as -which a Pilot's Apprentice has made one or more voyages greB8*o?au across the Atlantic, and interrogate him under oath respect- apprentice, ing such voyages ; it may, in like manner, summon before it any Pilot under whom an Apprentice has served, and question him under oath respecting such apprenticeship ; and every Master of a vessel or Pilot who shall refuse to obey such summons or to answer the questions put to him respecting such Apprentice, shall, for such refusal, incur a .penalty not exceeding twenty pounds, which he shall pay within forty-eight hours after judgment, on pain of impri- sonment in the Common G-aol of the District of Quebec for a period not exceeding fifteen days. Ortheap- LXXYIII. And.be it enacted. That the Trinity House of \l^ ^°^ ™' Quebec may examine under oath any Pilot's Apprentice respecting his apprenticeship. T. H. Q., may LXXIX. And be it enacted, That the Trinity House of ne"es°'&c!'*' Quebec may summon before it, as a witness, any person whose evidence may be required in any suit whatsoever, and may issue a "Warrant of arrest against any person refus. ing or neglecting without just cause, to appear at the time appointed in such summons ; it may also impose a fine, not exceeding ten pounds on any witness so refusing or neglect- ing to appear. May commit LXXX. And be it enacted. That the Trinity House of Que- oertaln *cas°s. ^®° ^^y issue a "Warrant of arrest against any person appear- ing before it as witness, who, without reasonable cause shall , refuse to answer, and may commit him to the Common Graol of the District of Quebec for a period not exceeding fifteen days. swL wit"^^ LXXXI. And be it enacted. That the Trinity House of nSs.^' " Quebec, when sitting as a judicial tribunal, shall administer an oath to every person giving evidence before it. May allow. LXXXII. And be it enacted. That the Trinity House of to wiWMses!" Quebec may allow a fair compensation for travelling expen- ses and loss of time, to every person appearing before it as witness, and the sum so allowed shall form part of the costs in the suit. May award LXXXIII. And be it enacted. That the Trinity House of costs, c. Quebec may in its discretion award costs of suit against the Plaintiff or defendant, or set them off against the sum awarded as it may think equitable. 14 1849. Trinity House, Quebec. Chap. 114. 15 LXXXIV. And be it enacted', That the Trinity House of ^^"^g^oJjgP''*" Quebec, when sitting as a judicial tribunal, shall have like powers for the preservation of order during its sittings with any other Court of Justice in this Province. LXXXV. And be it enacted, That every Plaintiff or De- P^rtuis may fendant may appear and be heard before the Trinity House counsel.^ of Quebec by Counsel. JjTXINl.—Bepealed by 14-15 Y., c. 52. LXXXYII. And be it enacted, That the Collector or other ^^f'^''^^^^ ^ Officer of Her, Majesty's Customs at the Port of Quebec, or to be granted the Collector or other Officer of Her Majesty's Customs at until dues are the Port of Montreal, as the case may be, shall not grant a ^^} Clearance outwards from either Port to any vessel for any Port out of the Province, unless the Master of such vessel shews him a certificate from the Treasurer of the Trinity House of Quebec, or from any other person duly appointed to that effect by the Grovernor, proving that he has paid the Tonnage Dues imposed by the eighty-sixth Section of this Act, and the percentage on the pilotage required by the fifty-eighth and fifty-ninth Sections. LXXXVIII. And be it enacted, That the person appointed Percentage to under this Act by the Governor, to collect the percentage or mSly/'^' Pilots' Contribution and the Tonnage Duty, shall on the first of each month pay over the amount by him received, to the Treasurer of the Trinity House of Quebec, delivering to him at the same time a detailed account of the moneys so collected. LXXXIX. And be it enacted. That the Master of any As to veBsels .vessel not requiring a Clearance (as a Transport or other ""e^rance""^ vessel in Her Majesty's Setvice) who shall leave the Port of Quebec for a Port out of the Province, without having paid to the Treasurer of the Trinity House of Quebec, or to the person appointed by the Governor to receive the same, the Tonnage Dues and Percentage or Contribution of the Pilot to the Pilot Fund, shall incur a penalty not exceeding twenty- five pounds. 'LO.— Repealed by 14-15 V., c. 52. XCI. And be it enacted. That whenever the Trinity Proceedings House of Quebec shall desire to acquire any land for the H^Q',*sh^' erection of lighthouses or for other purposes connected with require to the improvement of the Eiver St. Lawrence, or whenever it ^'^^^ ^^'"''' shall be in possession of lands not belonging to it, but required for its use, and whenever in either case an amicable arrangement with the proprietor shall not take place, the price to be paid for such land shall be determined as fol- lows : The Trinity House of Quebec and the proprietor shall Arbitration. 15 16 Chap 114. Trinity House, Quebec. 12 Vicif. each appoint a disinterested .arbitrator, and the two arbitra- tors shall nam.'e a third, also disinterested ; the three arbitra- tors after having been sworn before one of the Judges of the Court of Queen's Bench of the District of Quebec, to fulfil their duty honestly and impartially, and having reciprocally given notice of the time and place of their meeting, shall Award to be determine the price to * be paid by the Trinity House of ^'^^' .Quebec for such land, and their decision shall be final. Judge to ap- XCII. And be it ' enacted, That if the proprietor of the Srln cer-' l^nd shall, after having been notified by the Trinity House tain caseB. of Quebec, refuse or neglect to appoint an arbitrator to fix the price thereof, or if the two arbitrators appointed by the two parties interested shall not agree upon the third, one of the Judges of the Court of Queen's Bench shall name an arbitrator for the proprietor, or, as the case may be, the third arbitrator or^refusal^to*'' ^^ ^^^^ °^ *^® death of an arbitrator, or his refusal to act, the act. party who shall have appointed him, or the judge, as the case may be, may appoint another in his place, and the three arbitrators being respectively sworn by one of the Judges of the Court of Queen's Bench, shall decide finally on the price to be paid by the Trinity House of Quebec for the land. T. H. Q., may XCIII. And be it enacted. That when the arbitrators landon^pay*^- ^hall have determined the price of any land, the Trinity ing or deposit- House of Quebec may take the same, and become proprietor ing the price. j;]iej.eof, by paying the price so fixed, either to the proprietor or into the hands of the Prothonotary of the Court of Queen's Bench for the District of Quebec, for the proprietor ; and the Oompensa- price agreed upon or awarded for any land taken or kept sen" the'iand^' % the Trinity House of Quebec shall be in the place and aid to be stead of the land, and all claims to or upon the land shall cordi^iy ^'^ ^® converted into claims to or upon such price ; and if the Trinity House of Quebec have reason to apprehend that any claim may exist to or upon the price, on the part of any third party, it may pay such price into the hands of the Prothonotary of the Court of Queen's Bench for the District of Quebec, filing, at the same time, a copy of the deed of purchase or of the award, and the Court, after having caused due notice to be given for calling in all claimants,, shall make such order for the distribution of the price, and with regard to' interest thereon and to costs as to law may apper- tain. ^nZio^ XCI^- ^^^ be it enacted, That the Trinity House of vessel to be Quebec shall not pay any sum of money, either for the pur- ^nse^ of the ^^^^^ °^ ^ steamer, or other vessel, or of a new piece of land, GoveiDor in or for the value of a piece of land already occupied but not Council, &c. owned by it, without the previous sanction of the G-overnor in Council ; and such purchase money or indemnity shall be paid out of the moneys raised, and not specially appro- priated by this Act, or out of any other sum of money 16 1849. Trinity House, Quebec. Chap. 114. IT appropriated generally for the improvement of the River and G-nlf of St. Lawrence. XCY. And be it enacted, That any person running foul Penalty for ■oi and damaging any buoy, or mooring any vessel to any of bn™/a'^&'c vessel placed in the river as a light ship, or to any buoy belonging to the Trinity House of Quebec, shall, over and above the payment of the expenses of replacing or repairing "the same, incur a penalty not exceeding ten pounds. XCVI. And be it enacted, That the Trinity House of Que- T. H. Q., may borrow money. bee may borrow money to the amount often thousand pounds ^°"°^ including the amount .which may have been borrowed under the Ordinance of the Governor and Special Council of the ProAdnce of Lower Canada, passed in the fourth year of Her Majesty's Reign, and intituled. An Ordinance to au- 4 vic, 0. 5 thorize the Corporation of the Trinity House of Quebec to "^i*®^- 'borrow a certain sum of money, and for other purposes relative to the said Corporation, which Ordinance is hereby repealed without prejudice to any right thereby vested in the lenders. XCVII. And be it enacted. That every sum of money Loans to have borrowed under the said Ordinance or under this Act, and ^ ^^^ erence. the interest thereon, shall be paid out of the funds of the Trinity House of Quebec, in preference to any other pay- ment or charge whatsoever. 'LQYlll.— Repealed by 36 Y., c. 55. J.GIX.— Repealed by 22 Vic, c. 31 (1858.) 0. And be it enacted. That in no case shall a suit be Limitation of brought for contravention of this Act or of any by-law of the ^'"'''" Trinity House of Quebec, after twelve months' from the date of such contravention. CI. And be it enacted. That at any meeting of the Trinity Majority to House of Quebec, all questions shall be decided by the qn^s™ns'. majority of the Members present. GIL And be it enacted, That the persons and authorities Administer- required by this Act to administer an oath for any purpose, '°^ oa™s. are respectively empowered to administer the same, and shall do so without remuneration. cm. And be it enacted. That every person who shall False swear- knowingly swear falsely in any case where by this Act an ^"^" oath is authorized or required, shall be deemed guilty of wilful and corrupt perjury, and punishable accordingly. CIV. And be it enacted. That the Trinity House of Quebec t. h q , may may purchase a steamboat or other vessel for its use. buy a steamer. CV. And be it enacted, That a>l suits for penalties before Suits, how the Trinity House of Quebec may, except where it is other- brought. 2 17 18 Chap, 114. Trinity House, Quebec. 12 YlCT. wise herein specially provided, be brought in the name of the Harbour Master or of any other person. Penalties, CYI. And be it enacted, That all pecuniary penalties prilted^'"''" paid by Pilots, under this Act or under the By-laws of the Trinity House of Quebec, shall form part of the Pilot Fund, and those paid by others than Pilots, and not hereby other- wise appropriated, shall form part of the funds of the Trinity House of Quebec. Costs. CYII. And be it enacted, That in any suit wherein the Harbour Master is the prosecutor and the successful party, he shall recover costs, which shall go to the funds of the Trinity House of Quebec, and when he is unsuccessful, costs shall be awarded against him and paid out of the said funds. ofT!''H"Q7° CVIII. And be it enacted, That all moneys collected or borrowed by the Trinity House of Quebec, under this Act, and not hereby otherwise appropriated, shall be employed by the Corporation in improving the navigation of the River St. Lawrence, or for any other purpose consistent with this Act. '^r^iiot f nd ^^^' ^^^ ^® ^* enacted, That the Trinity House of Que- to be'pubUsh- bec shall publish yearly, in the month of January (in Eng- ed. lish, in a Quebec newspaper published in English, and in French in a Quebec newspaper published in French), a general statement of the moneys received and paid, which form part of the Pilot Fund, the amount of pecuniary penal- ties paid to this Fund, the amount received for percentage or contribution of Pilots, the names of persons receiving pensions and aid out of the said Fund, and the amount received by each. fayftat^ients ' ^^- ^^*^ ^® ^* enacted, That the Trinity House of Quebec before the shall lay before the Legislative Assembly of this Province, Legislature, within fifteen days after the opening of each Session, a detailed statement of all sums received and paid, forming part of the Funds of the Corporation, or of the Pilots' Fund. Say^requ^ire ^"^I" ^^^ ^^ ^^ enacted. That the G-overnor may, at any accounts at time and in any manner he itiay think proper, require from any time. ^j^g Trinity House of Quebec an account of the moneys received and paid by it. Sent3''8ltaiibe ^^^^- ^"^^ ^® ^* enacted. That every payment made by made by the the Treasurer of the Trinity House of Quebec, shall be Treasurer. made upon certificate of the Clerk of the Corporation. ^fvfr"rit. OXIII. And be it enacted, That the Treasurer of the Trinity House of Quebec^hall, before entering on the duties of his office, give security to Her Majesty to such amount and in such manner as the Governor in Council shall from time to time direct. 18 give security 1849, Trinity House, Quebec. Chap. 114. 19 OXIV. And be it enacted, That the Harbour Master, the g^^^^'^^'J- Assistant Harbour Master, the Superintendents of Pilots, subject to the Treasurer, the Clerk, the Bailiff and the other Officers its orders. and Functionaries of the Trinity House of Quebec, shall be subject to the By-laws and Orders of the Corporation, which shall define their respective duties and powers. CXV. And be it enacted. That the Clerk and the Treasurer 1^^^^^^°^ of the Trinity, House of Quebec'may, in case of sickness or of may appoint absence, appoint Deputies who shall act in their place and deputies. shall have their powers and duties, such Deputies being subject to the approbation of the Trinity House of Quebec ; but the Clerk and the Treasurer shall not in any case be relieved from the responsibility attached to their respective offices. CXVI And be it enacted, That the Members and Officers Exemptions of the Trinity House of Quebec shall not be liable to serve t. hTq.° either as Jurors or as Assessors or Constables. CXVII. And be it enacted. That no Branch Pilot shall be ^°^ "fp^'ot- liable to serve either as a Militia-man, or petit Juror or Constable. CXVIII. And be it enacted, That all public moneys Accounting received and paid under this Act, shall be accounted for to "^ *"^*' Her Majesty in such manner and form as Her Majesty shall direct. CXIX. And be it enacted. That the words hereinafter ^j*„gP''^***'°° mentioned, shall for the purposes of this Act be construed and shall mean as follows :— - First. The Master : — The Master, Deputy Master, or as the case may be, the Senior "Warden, in all cases where anything is required to be done by the Master, and generally where any officer is named, his Deputy or the person legally empowered to perform the duties of his office, shall be included ; Secondly. Yessel : — Any sailing vessel, steam vessel, schooner or other vessel or craft ; Thirdly. Master of a vessel : — The Captain, Master, Com- mander, or other Officer or person in charge of such vessel ; Fourthly. Oath : — An oath or an affirmation in cases where the law allows an affirmation in place of an oath, and false swearing shall include false affirmation. CXX. And be it enacted, That this Act shall be deemed Public Acti a public Act, and as such shall be judicially noticed by all Judges, Justices of the Peace and others. 2i 19 20 Chap. 114. Trinity House, Quebec. 12 ViCT SCHEDULE A. Table I.— Table of Rates of Pilotage for and below the Harbour of Quebec. From Biclsland, or any other place below the anchorage of the Brandy Pots, off Hare Island ' The anchorage ground at the Brandy Pots, off Hare Island, or any place above the said anchorage ground and below St. Koch's Point To Anchorage or moor- ing ground in the Basin or Harbour of Quebec. St. Roch's Point, or any place above this Point and below the Fointe-aux- Pins, on Crane Island... F ointe-aux-Pin», on Crane Island, or any place below St. Patrick's Hole The anchorage or mooring in the Basin or Harbour of Quebec do do do do do do For each foot of Draught of Water. '^ +^ rt Bic l3land,or the place where the Pilot shall be discharged in the river below Quebec. 18s. Od. I of this sum, do do 15s. 9d. 23s Od. I of this sum. do do 203. 9d. o o S 28s. Od. f of this sum. i do i do 2ds. 9d. "■a , 203. 6d. f of this sum. do i do 183. 3d, Pilots taking charge of Vessels at St. Patrick's Hole, or about it, shall be entitled to no more than the sum allowed in Table II. for piloting vessels from one part of the Harbour to another Table II. — Table of Rates of Pilotage for the Harbour of Quebec and below. From Any Wharf in the Harbour of Quebec, between Pointe-A-Oarcis below, and Brehaut's Wharf above, both inclusive iny other Wharf within the said limits To Anjrplace in the Harbour of Quebec, not being a Wharf within the above mentioned limits. .. Any other place in the said Harbour, not being a Wharf within the said limits... "20 lis. 8d. 23s. 4d. 1849. Trinity House, Quebec. Chap. 114. 21 SCHEDULE B. Form of License This is to certify that , Owner {or Master or Commander, as thd case may be) of the named the , has paid to the Treasurer of the Trinity Hpuse of Quebec the snm of , being at the rate of pence per ton, according to the Register of the said the and the said the is, by virtue thereof, entitled to navigate the Eiver St. Lawrence, within the limits of this Province, and to have the benefit of the lighthouses which the said Corporation hath erected to facilitate the navigation thereof during the navigation season of the year one thousand eight hundred Given in the City of Quebec, under the hand of the Master of the Trinity House of Quebec, and under the Seal of the said Corporation, this day of , in the year of Our Lord , and in the year of Her Majesty's Reign. [L. S.] {Signature.) OTTAWA: Printed by Brown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 21 13-14 VIC, An Act to oblige the Trinity Hous6 of Quebec to lay down Buoys to mark the Shoals in the North Channel of the River St. Lawrence, and to facilitate the traverse from Cap Tourmente to Isle-aux-Reaux. [24tt July, 1850.] Preamble. 1 jq' consideration of the rapid settlement and increasing X population of the territory lying upon the banks of the Saguenay, and upon the north shore of the River St. Law- rence, from the Black River downwards as far as Pointe des Monts, and the urgent necessity of providing meanfe for rendering the navigation in those parts less dangerous both for vessels from beyond seas and for the large number of schooners passing and repassing between the Saguenay and the Harbour of Quebec, along the north side of the said river from the Saguenay to Cap Tourmente, thence crossing to the south side by steering for Isle-aux-Reaux, and thence along the channel on the south side of the Island of Orleans to Quebec, and vice versa : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legisla- tive Assembly of - the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United E^ingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper and Loiver Canada, and for the Govern- ment of Canada, and it is hereby enacted by the authority Certain buoys of the same. That for the purpose of marking the shoals in d* ^^ 'b '^th ^^^ ®^^*^ channel on the North side of the said River St. Quebec Trini- Lawrence, and of warning Navigators against the dangers ty House. of ^ wrong course, and of facilitating the traverse from the North to the South side, and vice versa, between Isle-aux- Reaux and Cap Tourmente, the Trinity House of Quebec shall, so soon as may be possible after the passing of this Act, and immediately upon the opening of the navigation in each subsequent year, place buoys in the same manner as buoys are placed in the Traverse opposite St. Roch's Point, and in other parts of the said River, namely, on the sand banks below the Island of Orleans, opposite the Parish of St. Joachim, and on the sand bank of Isle-aux- Reaux, and on that of Cap Brule, and also a Buoy to mark 22 1850. Trinity House, Qvebec. Chap. 99. the Islets or rocks opposite La Grribane, another Buoy to mark the great Shoal to the north of the Isle-aux-Coudres, and another to the east of the Alouettes Shoal, at the mouth of the Saguenay. OTTAWA ; Printed by Brown Ohambeklin, Law Printer to the Queen's Most Excellent Majesty. 23 18 VIC, CHAP. 161. An Act to increase the Salaries of Superintendents of Pilots, and of the Bailiff of the Trinity House of Quebec. ' {Assented to SOth May, 1855.) Preamble. "f ItTHEEBAS it is expedient to augment the salaries of the V V Superintendents of Pilots and Bailiff of the Trinity House of Quebec : Be it therefore enacted by the Queen'& Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of G-reat Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted, by the authority of the same, as follows : Salaries of the said ofS- cerB raised notwith- standing. 12 v., c. 114. I. For and notwithstanding anything to the contrary in the third section of the Act passed in the twelfth year of Her Majesty's Eeign, and intituled. An Act to consolidate the laws relative to the powers and duties of the Trinity House of Quebec and for other purposes, or in any other part of the said Act, or in any other Act, the salaries of each of the Superinten- ' dents of Pilots shall be two hundred and fifty pounds per annum, and that of the Bailiff of the Trinity House of Que- bec shall be one hundred and fifty pounds per annum, to be paid in th« same manner and out of the same fund as pro- vided in the said Act with regard to the salaries therein mentioned ; and any provision to the contrary in the said Act, or in any other, is hereby repealed. OTTAWA. Printed by Bhown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 24 20 VIC, CHAP. 121. An Act to amend the Act intituled, An Act to consoli- date the laws relative to the powers and duties of the Trinity House of Quebec and for other purposes. {Assented to 2lth Mat/, 1851) WHEREAS it is necessary to provide for the due execu- Preamble. tion of the duties of the Harbour Master^ of Quebec, in case of sickness or absence : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — I. In the event of the sickness or absence from the City in absence of of Quebec of the Harbour Master of Quebec, it shall be the pres^ent fosT"" duty of the present First Superintendent of Pilots to per- superintend- form the duties of the Harbour Master, and he shall have ^ay^lct!"*^ the same power and authority during such sickness or absence which the Harbour Master now has. II. And in the event of the absence or sickness of the said in bis absence present First Superintendent of Pilots, during the absence or tiTappoint"^^ sickness of the Harbour Master, the Trinity House of Que- bec shall have the power, by a Minute in their Register, to nam.e a Deputy Harbour Master with the same power and authority as the Harbour Master, during the said absence or sickness, and to remove such Deputy. III. After the removal from office of the present First And so ai- Superintendent of Pilots, in all cases of absence or sickness moTarof^pre*' of the Harbour Master of Quebec, the Trinity House of sent first Quebec shall have power, by Minute entered in their supenntend- Register, to appoint, during such sickness or absence, one or more Deputy Harbour Masters who shall have the same power and authority as the Harbour Master, and the Trinity House shall also have power to remove the said Deputy Harbour Masters. OTTAWA: Priated by Bkown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 25 22 VIC, CHAP. 31. An Act to extend the Powers of the Trinity House of Quebec. [Assented to, 24th July, 1858. J Preamble. \ 117 HEEEAS it is ' advisable further to encoTirage the VV removal of obstructions in the Harbour of Quebec : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — Section 99 of I. The ninety-ninth section of the Act of the Legislature iiJ're eSel' ^^ ^^^ Province of Canada passed in the twelfth year of Her ' ' Majesty's Reign, chapter one hundred and fourteen, shall be and the same is hereby repealed. Trinity Honse H. "When anvthing found in the Eiver Saint Lawrence anL^r"*'''' within the jurisdiction of the Trinity House of Quebec has effects found, not been claimed, the Harbour Master of Quebec may adver- ed^thint™' tise it during four weeks in English and in French in two certain time, or more newspapers published at Quebec; and if within one calendar month after the date of the last of such publi- cations the same be not claimed, the Harbour Master shall sell the same publicly, and after deducting the expenses of advertising, sale or otherwise, two-thirds of the proceeds of the sale shall revert to the finder, and the remaining third Proviso : to the Trinity House of Quebec ; Provided always, that it ertlndeTto^' shall be in the discretion of the Trinity House of Quebec, not more than by an Order to be duly made by them to that effect, to pro- six manths. j^^^g ^^^ gg^j[^ delay of one month, if they should see fit, to any other period not exceeding six calendar months, so that there shall intervene not less than one nor more than six calendar months between the advertising the description of the effects found and the sale of the same in the event of their not being claimed. Public Act. IIL This Act shall be deemed a public Act. OTTAWA : Printed by Brown Chambbelin, Law Printer to the Queen's Most Excellent Majesty. 26 22 VICT., CHAP 32. An Act to provide for tho improvement and management of the Harbour of Quebec. [Assented to 2ith July, 185S.] WHEREAS it is expedient to provide for the improve- Preamble. ment and management of the Harbour of Quebec ; Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — I. The Harbour of Quebec shall, for the purposes of this Harbour of Act, comprise that part of the River tSt. Lawrence which i^ed^'^' ^' lies between a line drawn from the west side of the mouth of the River Cap Rouge to the west side of the mouth of the River Chaudiere, and a line drawn from the east side of the mouth '.f the River Montmorency to the east side of the cove called Indian Cove, on the south side of the said Riyer St. Lawrence, together with that part of each of the said Rivers Cap Rouge, Chaudiere and Montmorency, and of the Rivers St. Charles, Etchemin and Beauport, where the tide ebbs and flows. II. All land below the line of high water on the north side Certain of the River St. Lawrence within the said limits, now peny'^ ic°m belonging to Her Majesty, whether the same be or be not ti>e harbour coverg^ with water, the moneys arising from which are l^'H, not by law appropriated or directed to be applied exclusively to any other purpose, together with all rents and sums of money now due or hereafter to become due to HerMajestjr, and not already by law appropriated or directed to be applied exclusively to any other purpose, either for interest or principal, or in any other way, in respect of any land below the line of high water within the said limits hereto- fore granted by Her Majesty, whether the same be or be not covered with water, shall be vested in the Corporation hereinafter mentioned, in trust for the purposes of this Act ; Provided always that every i iparian and other proprietor Projiso : of a deep water pier, or any other property within the said of prof rfetors. boundaries, shall continue to use and enjoy his property and mooring berths in front thereof as he now uses the same, until the said Corporation shall have acquired the light, title and interest which any such proprietor may law- 21 Chap. 32. Harbour of Quebec. 22 Vict. Proviso : savingjesuits' estates. Commission- ers of the har- bour to be ap- pointed and to be a cor- poration. Corporate name and powers. Proviso: no interested party to be commissioner or secretary. fully have in and to any beach property or water lot within the said boundaries ; nor shall the rights of any person be abrogated or diminished by this Act in any manner what- ever ; and provided also, that nothing herein contained shall in any way affect the lands or any parts of the lands consti- tuting the estate of the late Order of Jesuits, appropriated to educational purposes by the Act ' nineteenth and twen- tieth Victoria, chapter fifty-four. III. It shall be lawful for the Grovernor, by an instrument under the G-reat Seal of this Province, to constitute and appoint three persons to be, together with the Mayor of the City of Quebec for the time being, and the President of the Quebec Hoard of Trade for the time being. Commissioners for the improvement and management of the Harbour of Quebec, and from time to time to remove such persons or any or either of them, and to appoint others to be the suc- cessors of such as shall be removed, or shall die, or resign their trust ; and such Commissioners and the Survivor or Survivors' of them and their Successors so from time to time constituted and appointed as aforesaid, together with the Mayor of the City of Quebec for the time being, and the President of the Quebec Board of Trade for the time being, or during his absence from the Province, the Vice-President of the Quebec Board of Trade, shall be and are hereby de- clared to be a Body Corporate and Politic in deed and in name by the name of the " Quebec Harbour Commissioners," with power to purchase and acquire, have, hold, enjoy, pos- sess and retain immovable property for the purposes of this Act, and to build or acquire, hold and possess such Steam- boats, Dredges, Scows and other Vessels as they may deem necessary for the efficient discharge of their duties under this Act, and to take out Registers for such Vessels in their Corporate name and capacity, and to dispose of the same, as well as of the said immovable property, as often as they may see fit to do so, and to do all other things necesgf,ry to carry out the provisions of this Act according to their true intent and spirit; Provided always, that no such Commis- sioner or Secretary of the Corporation shall at any time be the owner of or have personally any direct interest in any property which it will be necessary to acquire for the pur- poses of this Act ; — if he be such owner or has such interest, he shall cease to be a Commissioner or officer (as the case may be) — and if the Mayor of the City of Quebec, or the President of the Board of Trade should at any time be such owner or should have such interest, it shall be the duty of the Corporation of the City of Quebec, or of the Board of Trade, as the case may require, to choose from among its members a person not being such owner and not having such interest, to be such Commissioner, — or if either of the three Commissioners appointed by the G-overnor is such owner or has such interest, it shall be lawful for the G-over- 28 1858. Harbour of Quebec. Chap. 32. 3 nor to appoint in his stead some other person not being so disqualified. IV The said Corporation of the Quebec Harbour Com- Power to missioners shall, for the purposes of this Act, have power "p'^ertafu"'^^ and authority to make By-laws, not repugnant to the laws purposes. of this Province, or to the provisions of this Act, and to impose penalties under the same, not exceeding twenty pounds cuiTency, or sixty days' imprisonment, against all persons who may infringe the same, and to revoke, alter and amend such By-laws as often as they may deem the same expedient ; and By-laws made for any of the following purposes shall be held and deemed to be made for the pur- poses of this Act, that is to say : — 1. The direction, conduct and government of the said Servants aad Corporation, and of its oflB.cers and servants, and the manage- P^P^'^'y- ment and improvement of its property, real and personal ; 2. The prevention of injury to the property of the Cor- Encroach- poration, and encroachment and incumbrances thereon, and ™®°*^- the removal of the same ; and also to prescribe where all Ballast, vessels entering and loading at the Harbour of Quebec shall discharge their ballast ; 8. The collection of all dues and penalties imposed by or Collection of under the authority of this Act ; '^"''' *"=• 4. And finally the doing of anything necessary to carry Carrying out out the provisions of this Act according to their intent and ^ ^° '^*' spirit ; 5. Provided always, that no By-law made by the said ProTiso. by- Corporation shall have any force or efi"ect until after it has polished. been sanctioned by the Governor and published in the Canada Gazette ; 6. .And provided also, that the improvements to be made Proviso: im- under this Act, and the property which may be acquired be°ou'nortii thereunder, shall be made or acquired on the north side of side only. the River St. Lawrence only. Y. Copies of anv such By-laws certified by the Secretary Certified J^J _ J ^ J COTllSS to 06 under the seal of the said Corporation, shall be admitted as evidence. full and sufficient evidence of the same in all Courts of Law and Equity in Canada. YI. It shall be lawful for the G-overnor from time to time Appointment to appoint one of the said Commissioners to be Chair- ^nd of sTcr"- man of the said Corporation, and to allow such Chairman tary-treasurer such compensation or salary as may be deemed fitting ; and officers of cor- the said Corporation shall appoint a Secretary-Treasurer poration thereto, and shall fix his compensation, and shall require and take from such Secretary-Treasurer such security for the due and faithful performance of his duties as may be deemed necessary ; and all such other • officers, assistants and servants as may be required by the said Corporation for the purposes of this Act, shall be appointed by the said 29 Chap. 32. Harbour of Quebec. 22 YiCT. Corporation, wlio shall allow them such compensation or Proviso. salaries as may be necessary ; Provided always, that such Secretary-Treasurer and such compensation- shall be approved of by the Grovernor G-eneral. Members, &c., YII. The members, officers and servants of the said Oor- exempt'af ^°° poration shall be exempt from serving on >ny Juries or jurors, &c. inquests whatsoever, or as Assessors or Constables. Power to bor- row money for works in the harbor. And to issue debentures. Ii/terest to be paid out of revenue of harbor. Order of charges on re- venue of har- bour. Defraying of expenses. VIII. For the purpose of purchasing wharves and extend- ing and improving the same, and constructing other accom- modation for vessels in the said Harbour, or for any or either of the said purposes, it shall be lawful for the said Corpora- tion to borrow in such sums and for such number of years and at such rates of interest, not exceeding eight per cent, per annum, as may be found expedient, any sum or sums of money not exceeding in the whole the sum of three hun- dred thousand pounds sterling, at par, in sterling or in currency, and either in this Province or elsewhere, and to expend the same in such purchases and works in the said Harbour, in the manner deemed by them to be best calcu- lated to promote the commerce and interests of the Port of Quebec ; and the said Corporation is hereby authorized to issue under the hands of three of the said Commissioners, and the Seal of the Corporation debentures or bonds, to be countersigned by the Secretary of the said Corporation, for the sum or sums so to be borrowed, and to make the same payable, at such time and times as may be agreed on, to the bearer thereof, either within this Province or at any place or places without this Province, and either in currency or in sterling, with interest payable semi-annually, and with coupons for such interest annexed and signed by one of the said Harbour Commissioners, and countersigned by the said Secretary, which coupons shall be payable to bearer at the time when the said interest shall be made payable ; and such debentures or bonds may be recalled and other debentures or bonds issued in their stead as aforesaid, with coupons ; and the said sum and sums so borrowed shall be * paid out of the revenues of the Harbour. IX. The interest upon the sums of money which may be borrowed under the next preceding section shall be paid out of the revenue arising from the dues, tolls, duties, rates and penalties imposed by or under this Act for and on account of the said Harbour ; and the lawful charges upon the said revenues shall be as follows and in the following order, that is to say : — 1. The payment of all expenses incurred in the collection of the same, and other indispensable charges ; 2. The defraying of the expenses attendant on keeping the wharves and other works and property of the Corpora- tion of the Harbour, in a thorough state of repair; 30 1858 Harbour of Quebec. Ckap. 32. 5 3. The payment of interest due on all sums of money Payment of borrowed under this Act without priority or preference ; '° ^™° ' 4. The paying off of the principal of temporary loans ; Sinking fund, and fqrthis purpose the said Corporation is hereby required to set apart yearly two per cent, on the amount of such loans, as a sinking fund, to secure the liquidation thereof. X. The said Commissioners shall keep separate accounts Certain ac- of all moneys borrowed, received and expended by them 1°"°*^ *" ^® under the authority of this Act, and shall account for the same annually to the Grovernor, in such manner and form as he may see fit to direct ; but the Provincial Guarantee No provincial shall not be given for the payment of either principal guai^antee. or interest of any sum borrowed under this Act, nor shall the Province be in any way responsible therefor. ' XL All Corporations and persons whatever, and all greves Corporations, de substitution. Tutors, Curators, Executors and Adminis- ere'd to'^eU to trators, and all other trustees whatsoever, not only for and on harbour com- behalf of themselves, their heirs and successors, but also for ™' ' and on behalf of those whom they represent, whether infants, issue unborn, lunatics, idiots, or other persons, who are seized or possessed of or interested in any wharf or other immovable property required by the said Commissioners for the purposes of this Act, may sell and convey unto the said Commissioners all or any part thereof; and any con- tract, agreement, sale or conveyance made in pursuance of the power hereby given," shall be valid and effectual, any law, statute,, usage or custom to the contrary notwithstand- ing, and such Corporation or person so conveying as afore- said is hereby indemnified for what it or he may respectively do by virtue or in pursuance of this Act. XII. All Corporations or persons owning any wharf or Corporations other immovable property required by the said Commis- ^ho^cannot sioners for the purposes of this Act, who cannot in common receive prin- course of law sell or alienate the same, shall exact a fixed eeiffor"fixed" annual rent as an equivalent for the same, instead of a annual rents. principal sum ; and if the amount of the rent be not fixed by voluntary agreement or compromise, it shall be fixed in the manner hereinafter prescribed ; and all proceedings shall in that case be regulated as hereinafter prescribed ; and for the payment of any such annual rent or of any other annual rent agreed upon or ascertained, and to be paid for the pur- chase of any wharf or other immovable property required by the said Commissioners for the purposes of this Act, or for any part of the purchase money of any such wharf or other immovable property which the vendor shall agree to leave unpaid, such wharf or other immovable property shall be and is hereby made liable and chargeable in preference to all other claims and demands thereon whatsoever, the deed creating such charge and liability being duly registered 31 6 Chap. 32. Harbour of Quebec. 22 ViCT. in the Registry Office for the Registration Division of registered by Quebec ; aud every such deed shall be so registered at full the commis- length at the diligence, costs and charges of the said Oom- Bioners. missioners. Mode of set- XIII. Whenever the said Commissioners cannot agree lanfsf &a,*in with the proprietor or proprietors, or some one or more of «aaeofnot^ them as aforesaid, of any wharf or other real property re- setSfftby ° quired by them for the purposes of this Act, as to the mutual agree- amount of the price or annual or other rent to be paid for ^^^^' the same, such amount shall be determined as follows : The said Commissioners and the proprietor or proprietors shall each appoint a disinterested arbitrator, and the two arbitrators shaill name a third, also disinterested, and the three arbitrators, after being sworn by or before any Judge or Justice of the Peace to fulfil their duty honestly and im- partially, and having given each other. notice of the time and place of their meeting, shall determine such amount, and their decision or that of any two of them shall be final, and and award" if such proprietor or proprietors, after being notified and thereunto required by the Commissioners, refuse or neglect to appoint an arbitrator as aforesaid, or if the two arbitrators appointed by the two parties interested or by the Commis- sioners and the Judge aforesaid, do not agree upon a third arbitrator, then one of the Judges of the Superior Court for Lower Canada shall name an arbitrator for the proprietor or proprietors, or a third arbitrator as the case may require ; and in case of the death of an arbitrator, or his refusal to act, the party who appointed him, or the Judge (as the case may be) may appoint another in his place. Commission- XIV. When the amount of the price to be paid for any ers to become in ±i- in j. -jj? -j proprietors on whari or other immovable property required as aioresaid, payment or Jxas been agreed upon or determined by arbitration as afore- pme!' ° said,, the said Commissioners may take the same and become proprietors thereof, by paying such price either to the pro- prietor or proprietors or into the hands of the Prothonotary of the Superior Court at Quebec, for him or them, and the price agreed upon or determined to be paid for any wharf or other immovable property taken by the said Commission- ers, shall be in the place and stead of the land, and all claims to or upon the land shall be converted into claims to ProTision if or upon such price ; and if the Commissioners have reason heTi^'charFe ^° apprehend that any claims may exist to or upon the on the proper- price, on the part of any third party, they may pay such *y- price into the hands of the Prothonotary of the Superior Court at Quebec, filing at the same time a copy of the deed of purchase or of the award, and the Court after having caused due notice to be given for the calling in of all claim- ants, shall make such order for the distribution of the price 32 1858. Harbour of Quebec. Chap. 32. t as well as of the interest thereof, and as to costs, as to law may appertain. XV. It shall be lawful for the said Commissioners to levy Power to levy upon all vessels moored or fastened to, or lying at or in, any "Sarfage^'"^ of their piers, wharves or slips, and upon all goods landed or rates on res- shipped, carried or deposited thereon, such moorage or g^Q^^g'"^ wharfage rates and such other tolls, dues and duties, as they may, from time to time, fix and establish, not exceeding those in the Schedules hereunto annexed ; and the said rates and dues shall be levied as follows : 1. On sea-going vessels. — ^The moorage rates thereon shall On seagoing be levied from the master or person in charge thereof; and ■vessels. the wharfage rates of goods landed or shipped shall be levied from the consignee-, shipper, owner or agent thereof ; 2. On all other vessels. — The moorage rates thereon, as On other vea- well as the wharfage rates upon the cargoes, shall be paid by ^^^'' the master or person in charge thereof, saving to him such recourse as he may have by law against any other person, for the recovery of the sum so paid ; 3. Provided however, that it shall be lawful for the said Proviso : as Commissioners to demand and recover the said wharfage due3°°iin-^ °^ rates from the owners or consignees of such vessels, or from claimed goods the owners, consignees or agents of ships, or shippers of such ^c'^ dues re-^ cargoes, if they see fit to' do so ; and in the event of goods main unpaid lying unclaimed on the wharves-, piers or slips of the said a^^er a certain Commissioners for the period of ninety days, such goods may be sold by public auction after three advertisements thereof shall have been published in any newspaper in the City of Quebec, and the said Commissioners shall account for the proceeds thereof to the owner thereof on demand, first deducting their lawful charges thereon ; and if such goods be of a perishable nature they may be sold within a shorter period, provided cause for such sale be shown by aifidavit before any Justice of the Peace of the District of Quebec, and an order for such sale procured from such Jus- tice, who is hereby authorized to grant the same. XYI. In case of non-payment of the said dues or rates, or Power to seize part thereof, or any other charge which, under this Act, the g^ig ^ glods said Commissioners may lawfully make, it shall be lawful in case of non- for the said Commissioners to seize forthwith, before judg- P'>^J™«'i*- ment, any vessel or goods whatsoever, upon which such dues or other charges may be owing, and to detain the same at the risk, cost and charges of the owner, until the sum due, and the costs and charges incurred for the seizure and detention of the same, be paid in full ; and in the event of such rates, dues or other charges remaining due for forty days after such seizure, such vessel or goods may be sold by the said Commissioners, by public auction, after the publi- cation, in any newspaper in the said City of Quebec, of three advertisements of such sale ; and the said Commis- 3 83 Chap. 32. Harbour of Quebec. 22 Vict, Certain re- ports may be exacted from masters of vessels. ProTiso. sioners shall thereafter, on demand, account to the owner of such vessel or goods for the proceeds of such sale, first deducting the rates or dues due, and all other legal charges. XYII. It shall be lawful for the said Commissioners to require from the master or person in charge of every vessel coming to any of their wharves, piers or slips, a report in writing, signed and certified by him, of his vessel's carga inwards, and her draft of water, such report to be made before he shall break bulk ; also of her outward cargo and draft of water before his vessel shall leave the same, and such other particulars as may be necessary to carry out the provisions of this Act ; and in case of refusal or neglect to make such reports or any of them, it shall be lawful for the said Commissioners to seize and detain such vessel at the risk, cost and charges of the master, owner or person in charge thereof, until the aforesaid requirements are complied with : Provided always, that nothing herein contained shall prevent the said Commissioners from making' such mutual agreement with the masters, owners or agents of steamboats and other vessels, with respect to making such reports, and with respect to the payment of all ton- nage, wharfage and other dues as may be considered expedient ; and provided also, that nothing herein contained shall be construed to prevent the said Commissioners from commuting with such mast.ers, owners or agents of steam- boats and other vessels for all rents and dues accruing thereon, on such terms and conditions, and for such sum or sums of money, and for such periods as to the said Com- missioners may seem fit and expedient. Collector ot XVIII. It shall be lawful for the said Commissioners to Queb^^may require the Collector of Customs at the Port of Quebec, to be required to collect such portions of the aforesaid rates and dues on their CO ect ra es. ]|3gi^a,lf, as they may deem expedient for the convenience of the trade of the Harbour to collect through him, and to allow him therefor a commission not exceeding one-half per cent. Proviso. if'^?«='* _ ti OS ». d. 3 1 2 6 37 12 Chap. 32. Harbour of Quebec. 22 ViCT. Schedule B. Groods, "Wares, Merchandize, Animals and TMngs, on wliicli the Eates affixed to each shall be levied : s. d. Flour and Meal, Fish, Beef, Pork, and other Meats, Tar, Pitch and Eosin, per barrel or per two hun- dred pounds 1 Puncheon Packs or Shooks, Empty Puncheons or Pipes, Canoes, Carts, Burr Stones and Animals undescribed, each 1 Tobacco Clay Pipes, Corks and Matches, per twelve gross 1 Spades, Shovels and Axes, per dozen 1 Baskets, Buckets, Pails and Corn Brooms, per dozen.. 1 Window Grlass, per one hundred feet 1 Canada Plates,Tin Plates, Lemons and Oranges, per box , 1 Poultry or Game, per dozen 1 Untanned Skins (undescribed) , per dozen 1 Apples and other G-reen Fruit, per minot \ Potatoes, Onions and other G-reen Yegetables per minot J Oysters and other Shell-fish, per minot J Casks (empty, undescribed), each | Corn Whisks or Dusters, per dozen \ Laths and Shingles, per thousand 2 Eggs, per thousand 2 Boats (undescribed), each 2 Vehicles (undescribed), each -. 2 Neat Cattle and Horses, each 2 Hoop Poles, per hundred pieces 3 Firewood and Bark, per cord 3 Empty Bottles, per gross 3 Hides, per dozen 3 Ashes (Pot or Pearl), per barrel 4 Cinders and Coke, per chaldron 6 Coal, per chaldron 1 Clay, Sand, Lime and Ballast, per ton 6 Timber, per hundred cubic feet 6 Sawed Lumber of every kind, per thousand feet, board measure 2 6 Lathwood, per cord 2 Batteaux and Carriages, each 2 6 Buffalo Skins, per dozen 6 E arthen ware (loose) , per hundred pieces 9 Handspikes, Oars and Billets, per hundred pieces 9 Barrel Staves, per mille 2 6 Hay and Straw, per hundred bundles 9 Marble, per hundred cubic feet 2 6 Stone (except ballast), per hundred cubic feet 2 6 Puncheon Staves, per mille 2 6 1858. Harbour of Quebec. Chap. 32. IS 8. d. Empty Barrels, per hundred 1 3 Empty Boxes, per hundred 1 Grain, Seeds, Indian Corn, Pulse, Malt and Salt, per hundred minots 1 3 Railway Sleepers, per hundred pieces 5 Bricks, Tiles and Slates for roofing, per thousand 4 Pipes, Staves (Standard), per mille 10 Schedule C. Groods on which there shall be levied a rate of nine pence p»r one thousand pounds gross weight : — Arrowroot, Barley, Pot or Pearl, Batting, Biscuits, Bread, Butter, Blue, Brimstone, Cheese, Crackers^ Coffee, Cocoa, Chocolate, Ca,ndles, Cork unmanufactured. Cordage, Cotton "Wool, Flax, Feathers, Fruit dried, G-lue, G-rease, (Gunpowder, G-inger, Hemp, Hops, Honey, Junk. Leather, Lard, Lamp- black, Nuts of all kinds. Oakum, Oil-Cake, Ochre, Paints, Putty, Rice, Rags, Rope, Sugar raw or refined. Soap, Starch, Spices, Sago, Saleratus, Salts, Snuifs, Saltpetre, Sulphur, Teas, Tobacco, Tow, Tallow, Wadding, Wool, "Wire, Wax, Wrapping Paper, Whetstones. Schedule D. Goods on which there shall be levied a rate of • one shil- ling and three pence per ton, gross weight : — Anchors, Anvils, Alum, Chains, Metals of all kinds in Pigs, Bar, Bolts, Rods or Sheets, Hollow iron ware, Plough- moulds, Nails, Spikes, Shot, Stoves, Ores of all kinds, Chalk, Cement, G-ypsum, Plaster of Paris, Whiting, Copperas, G-rindstones, Millstones, Dye woods. Soda- Ash, Raft G-ear, Eran, Shorts, Luggage, Bones, Hoofs, Horns. Schedule E. G-oods on w^hich there shall be levied a rate of one shilling per one hundred gallons thereof: — All Liquors, Wines, Oils and Fluids whatsoever, in wood or other packages, except bottles. Schedule F. G-oods on which there shall be levied a rate of nine pence per ton measurement of forty cubic feet : Earthenware, Stoneware, Chinaware and G-lassware in packages. Schedule G-. On all G-oods, Wares and Merchandize whatsoever not ■otherwise classed or described, there shall be levied a rate of three shillings and four pence upon every one hundred 39 14 Chap. 32. Harbour of Quebec. 22 ViCT. pounds of the value thereof : Provided always, that upon goods, the value of which cannot be ascertained satisfactor- ily, it shall be lawful for the Harbour Commissioners to levy a rate of one shilling and three pence per ton weight or measurement, as they may see fit. OTTAWA : Printed \)j Bbown Ohambbblin, Law Printer to the Queen's Most Excellent Majesty. 40 12 VIC, CHAP. 117. An Act to repeal a certnin Act and Ordinance therein mentioned, relating to the Trinity House at Montreal, and to amend and consolidate the provisions thereof. [30^^ May, 1849.] WHEREAS it is expedient to provide for the better regu- Preamble, lation of that part of the Eiver St. Lawrence between the Basin of Portneuf exclusively, in the county of Portneuf, in the District of Quebec, and the Province Line formerly dividing the Provinces of Upper and Lower Canada, and of the several Eivers falling into the River St. Lawrence within the said limits, and of the Shipping therein, and of the Pilots employed in the navigation thereof, and to con- tinue a Trinity House in the City of Montreal, independent of, and distinct from the Trinity House of Quebec, and for other purposes : And whereas the several Acts under which the Trinity House of Quebec was heretofore constituted and governed are repealed by an Act of this Session, whereby the jurisdiction of the said Trinity House is limited to places below the said Basin of Portneuf: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the Gov- ernment of Canada, and it is hereby enacted by the authority of the same. That the Ordinance of the Grovernor and Special Council for the affairs of the late Province of Lower Canada, passed in the second year of Her Majesty's Reign, and inti- tuled, An Ordinance to suspend in part certain Acts therein L. c. Ordi- mentiowd, and to establish and incorporate a Trinity House in ^z'^^x^Jq^^' the City of Montreal, and the Act of the Legislature of this pealed. Province passed in the Session held in the fourth and fifth years of the Reign of Her present Majesty, and intituled. An Act to provide for the construction of certain Lighthouses Canada 4 and and Lights within the Port of Montreal, shall be and the same repealed." ^^' are hereby repealed : Provided nevertheless, that no Act or Repeal of Ordinance or part of an Act or Ordinance repealed by the such Act and Act or the Ordinance hereby repealed, shall be revived by not tTrevlye the passing of this Act ; and notwithstanding the repeal of former Acts 41 2 Chap. 117. Trinity House, Montreal. 12 Vict. and Ordi- the Act and the Ordinance hereby repealed, all matters and nances, &c. ^j^j^^g ^j^ich might have been done, and all proceedings which might have been taken or prosecuted, relating to any offences which shall have been committed, or to any matters which shall have happened or to any pilotage or other moneys which shall have become due, or to any fines or pen- alties which shall have been incurred before the passing of this Act, may still be done and prosecuted, and the offences may be dealt with and punished, and the pilotage and other moneys may be recovered and dealt with, and the fines and penalties may be enforced and applied as if the Act and the Ordinance hereby repealed continued in force : tii™I^^r°or - I'ro'^i. •' ' ,.,,. ^ ■ ,■, j j. j> £ age. retain one snilling m the pound out oi every sum oi money accruing and payable to any Branch Pilot for and above the Harbour of Quebec for the pilotage of the ship, steamer or other vessel by him commanded, as well on the passage inwards as on the passage from Montreal outwards, and for moving the same within the Harbour of Montreal, and every poundage so required to be stopped and retained shall, by every Master or Commander be paid as hereinafter directed and provided for, before the ship, steamer or other vessel pouudage^on ^^ ^"^^ commanded shall be cleared outwards : Provided piiotageof always, that a sum of money equal to one shilling in the rt1p3to*tiw'° pound out of every sum of money received or to be received Treasurer of hereafter by each and every Pilot for and above the Harbour tte^corporar gf Quebec, for the pilotage of ships, steamers or other ves- sels belonging to Her Majesty or any foreign Power, shall be paid and be payable by such Pilot to the Treasurer of the said Corporation, and shall be paid on or before the first day of July and on or before the first day of January in every year ; and the said Master, Deputy Master or some of the Wardens are hereby authorized and required, when any doubt shall arisef as to the amount pf such pilotage received by a Pilot, to administer to him an oath to ascertain the amount ; and if any such Pilot liable to contribute to such Fund in manner last aforesaid, shall neglect to pay to the Treasurer of the Corporation the said poundage on the pilotage by him so received, for the three months following the periods aforesaid, every such Pilot so neglecting, upon conviction thereof before any three "Wardens, shall forfeit and pay for the use of the said Fund a sum not exceeding ten pounds currency ; and upon, a second conviction for a like ofience, shall be suspended during three months ; and if a third time convicted of a like offence, shall forfeit his Branch as a Pilot, and be rendered incapable of afterwards receiving, or his widow or children, any benefit or assist- ance from the said Fund. EeSetf-B . ^XVII. And be it enacted, That from and after the pass- OustomB to ing of this Act it shall be lawful for the Collector of Her collect coatri- Majesty's Customs for the Port of Montreal, and he is here- 54 1849. Trinity House, Montreal. Chap. 111. 15 by authorized and required to ask, demand and receive bntions from from the Master or Commander of every ship, steamer or Tonjag to ^" other vessel departing from the i'ort of Montreal to any Her Majesty. ' Port or place without the eastern limits of this Province, including hired ships and transports in Her Majesty's ser- vice, a sum of one shilling in the pound out of every sum of money accrued or accruing and payable by the said Master or Commander to any Pilot for the pilotage thereof for and above the Harbour of Quebec as well on the passage inwards of such ship, steamer or other vessel, as on her passage from Montreal outwards, as also for moving the said ship, steamer or other vessel within the Harbour of Montreal, as the case may be. XXYIII. And be it enacted, That the said Master, Deputy Annual state- Master and Wardens of the Trinity House of Montreal shall "ubUet°a^ publish annually or cause to be published in a gazette or newspaper published by authority in the City of Montreal, in the month of. January a fall and complete statement of the funds belonging to or in anywise appertaining to the Pilots for and above the Harbour of Quebec and known as the Montreal Decayed Pilots' Fund, with the names of all per- ' sons receiving pensions or allowances of any kind from and out of the said funds, and shall furnish a printed copy of such statement, at the expense of the funds aforesaid, to every Pilot or person applying for the same residing in this Province, directly contributing to the said Fund and there- in immediately interested. XXIX. And be it enacted. That all fines and penalties ^i^ee and under this Act, recovered from Branch Pilots for and above to Treasurer. the Harbour of Quebec, shall be paid to the Treasurer of the said Corporation of the said Trinity House of Montreal, and compose a part of the said Decayed Pilots' Fund, and by the said Corporation shall be applied to the purposes of the said Fund, as by this Act are authorized and directed, and no other. XXX. And be it enacted, That in all cases where it shall Service of be necessary to serve a summons upon any Branch Pilot for 1^^^ ^q""! and above the Harbour of Quebec, for any ofl^'ence against this Act or against any By-laws, Rules, Eegulations or Orders, made and constituted by the said Master, Deputy Master and Wardens of the Trinity House of Montreal, the service of such summons if the party offending is not to be found, shall be deemed a legal service if a copy of such summons is left by the Bailiff of the said Corporation at the domicile of the said Pilot, if residing in the City of Montreal, or at the usual stopping place of such Pilot when in the said City, with a person or persons residing at such stopping place or house. 55 16 Chap. 117. Trinity House, Montreal. 12 YlCT. Office and XXXI. And be it enacted, That the offices of Captain of captain onhe ^^^ Port of Montreal and Harbour Master of Montreal, shall port. be held by one and the same person, who shall be called Captain of the Port of Montreal ; and it shall be the duty of , the said Captain of the Port of Montreal to superintend and enforce the execution of this Act, or any other Act which shall relate to the Port and Harbour of Montreal, as also all and every the By-laws, Rules, Orders' and Regulations con- tinued by this Act, or which may hereafter be enacted by the said Master, Deputy Master and Wardens of/the Trinity House of Montreal, by virtue of this Act, for the amendment and improvement of the Harbour of Montreal, for the anchor- ing, riding and fastening of all ships, steamers or other vessels, rafts or cribs resorting to the said Harbour of Mon- treal, and lor the better regulating and ordering the same while lying in the stream or at any wharf in the said Har- bour of Montreal ; and it shall likewise be the duty of the said Captain of the Port of Montreal to enquire into and ascertain whether any and what encroachments or nuisances may be made, or may exist upon the rivers, streaips, waters and beaches within the Port and Harbour of Montreal, and which may be injurious to the navigation, or may obstruct the due and lawful use thereof by the public, and to make from time to time to the said Corporation of the Trinity House of Montreal, a report of all such encroachments and nuisances which may be found to be made or to exist as aforesaid, as soon after the same shall have come to his knowledge as he conveniently can, and theretipon the said Corporation shall cause such legal proceedings to be taken as may be necessary to abate such nuisances and to restrain and do away with such encroachments and obstructions, and it shall likeyrise be the diity of the said Captain of the Port of Montreal to superintend the Pilots for and above the Harbour bf Quebec, and also to superintend the lights, light-vessels and floating lights, lighthouses, beacons or land-marks, the laying down and taking up of buoys within the limits of the said Port of Montreal ; and it shall further be the duty of the said Cap- tain. of the Port of Montreal to make an abstract of all the Laws, By-laws and Regulations concerning Pilots and the Navigation of the' River St. Lawrence and other waters within the limits of the Port of Montreal, or expressive of the duties of Masters of vessels in the Harbour of Montreal, and to cause a copy of the same, printed or written, signed by him, to be affixed and continued and renewed as often as the same shall be obliterated and defaced, at the Custom House and at the Trinity House at Montreal respectively, and also to deliver, without fee or reward, a copy of the same to every Master or Commander of a ship, steamer or other vessel, who shall make application for the same at ?h?port to ^^^ °^*^^ ^^ *^® ^^*y of Montreal ; and the Captain of the take an oath Port of Montreal, before entering upon the duties of his ofofSce. 5g 1849. Trinity House, Montreal. Chap. 11*7. It office, shall take and subscribe an oath before one of the Judges of the (^ourt of Qneen's Bench for the District of Montreal, in the following words, that is to say : — " I, A. B., do swear that I will truly and impartially, to "the best of my skill and understanding, execute the " powers vested in me by a Law of this Province, intituled, " An Act to repeal a certain Act and an Ordinance therein "mentioned, relating to the Trinity House of Montreal, and to " amend and consolidate the provisions thereof." Which oath so taken and subscribed, shall be filed of record and remain in the office of the Prothonotary of the said Court of Queen's Bench. XXXII. And whereas it may be deemed necessary and expedient for the more safe, convenient and easy navigation of the Eiver Saii-t Lawrence, and other rivers within the jurisdiction of the Trinity House of Montreal, that certain islands, lands and premises, pieces and parcels of land, trees and buildings required for land marks within the said jurisdiction, .should be purchased and vested in the said Corporation of the said Trinity House, for the purpose of erecting a suitable and convenient house in the City of Mon- treal for the use of the said Corporation, and for erecting lighthouses, beacons, and land marks : Be it enacted. That Trinity Honse the said Corporation, at any time or times hereafter, may, unL^'^^g''.*^* and they are hereby authorized and empowered to contract, parties eio- compound, compromise and agree with the proprietors and powered to occupiers of the said islands, lands and premises, pieces and sanTe.'^ parcels of laud, trees and buildings, or any part of them, for the purchase of them ; and it shall be lawful for all per- sons whomsoever, bodies- politic and corporate, guardians, curators, fiduciary legatees and trustees, whatsoever for themselves their heirs and successors, for and in behalf of those whom they represent or for whom they act, whether infants, lunatics, idiots, femes-covert, or other person or per- sons whomsoever who are or shall be seized of, or possessed of or entitled to such islands, lands and premises, pieces and parcels of land, trees and buildings as aforesaid, to contract for, sell and convey the same to the said t orporation of the said Trinity House of Montreal, for such price and prices or consideration as may be agreed upon between them and the said parties respectively. XXXIII. And be it enacted, That in all cases where the i" cases • T^ ,. ^ i_^ 'T T • (. ii where owners said Corporation, and the said owners and occupiers oi the of lands to be lands and real - property aforesaid, or of any part thereof, acquired can- shall not by voluntary agreement, settle and determine the wlth^forpora- price and prices to be paid for the same or any part thereof, tio^i reference such price or prices shall be ascertained, fixed and deter- arbitration. mined by the award of Arbitrators in the manner following, that is to say : the said Corporation shall and may nominate and appoint one Arbitrator, being an indifferent and disin- 5t 18 Chap. 11*7. Trinity House, Montreal. 12 ViCT. terested person, and the said owners and occupiers respect- ively, shall and may nominate and appoint one other Ar- bitrator, being also an indifferent and disinterested person, and the said two Arbitrators, before proceeding to act as such Arbitrators, shall and may appoint a third Arbitrator, being also an indifferent and disinterested person, which said three arbitrators, after having been previously sworn before one of the Justices of the Court of Queen's Bench for the District of Montreal, well, truly and honestly to execute the trust and duty of Arbitrators as aforesaid, and, after notices to the parties respectively, of the time and place of their meeting, shall proceed to ascertain, fix and determine the price or prices to be paid by the said Corporation for such islands, lands and premises, pieces and parcels of land trees and buildings aforesaid, or any part thereof ; and the award of any two of the said Arbitrators to be named and appointed as aforesaid, in and respecting the premises aforesaid, shall be final. When the XXXIY. And be it enacted, That in case the said owner owner shall . «,, .,.,-',. , refuse or ne- or occupier oi the said islands, lands and premises, pieces gleet to ap- and parcels of land, trees and buildings, or any of them, to'rs! ^^ ' ^^ after due notice in this behalf from the said Corporation, shall refuse or neglect to name and appoint an Arbitrator as aforesaid, being an indifferent and disinterested person as aforesaid, or if the two Arbitrators named and appointed as aforesaid shall refuse or neglect to name and appoint a third Arbitrator as aforesaid, it shall be lawful in such cases respectively for one of the Justices of the Court of Queen's Bench for the District of Montreal, on application in this behalf by the said Corporation, to name and appoint, in- stead of such owner or occupier so refusing or neglecting, an Arbitrator on his behalf, or such third Arbitrator, to supply the place of the nomination which ought to have been made by the two Arbitrators previously appointed; and the Arbitrators and third Arbitrator as aforesaid to be appointed by such Justice as aforesaid, after having been respectively sworn by such Justice, well, truly and honestly to execute the trust and duty of Arbitrators and third Arbitrator as aforesaid, shall have the same power and authority in the premises, and their award shall have the same force and effect as if such Arbitrators and third Arbitrator had been named in the manner in the preceding section described as aforesaid. or°refflof XXXV. And be it enacted, That on payment of the price price, lauds to Or prices to be fixed and determined as aforesaid, or in case ^ratfiT ^^ refusal or neglect to accept the same, on the deposit corpora ion. ^jj^g^g^f jj^ ^-j^g hands of the Prothonotary of the said Court of Queen's Bench for the District of Montreal, for the use of the person or persons entitled to the same, the right of pro- perty, title and interest in and to such island or islands, 58 1849. Trinity House, Montreal. Chap. 117. 19 lands and premises, pieces or parcels of land, trees or build- ings for which such price or prices shall be payable, shall be divested out of the owners and occupiers thereof, and the same shall become and be vested in the said Corporation for the purposes aforesaid. XXXVI. And be it enacted. That such price and prices as No purchase aforesaid, to be agreed upon, fixed and deterxained as afore- but by the °^ said, may be paid from and out of the sum and sums of sanction of money appropriated for the purposes of this Act, but no '"^^ GoTernor. such price or prices shall be agreed for or paid by the said Corporation for a site for the purpose of erecting and lor erecting a suitable house for the said Corporation, without the sanction and approval of the Grovernbr, Lieutenant Grovernor or person administering the Grovernment. XXXVII. And be it enacted. That any person wilfully Punishment removing or destroying or maliciously procuring to be ^^13^0™^? removed or destroyed, any buoy, floating light, beacon or cons. land mark placed for the purpose of navigation in the river or on the shores of the River St. Lawrence, or on other rivers and shores within the jurisdiction of the Trinity House of Montreal (Lake St. Peter inclusive), every such person, for every such offence, upon conviction by one com- petent witness before the Trinity House of Montreal, shall forfeit and pay a penalty not exceeding one hundred pounds currency, with costs of suit, and be committed to the Com- mon Gaol of the District of Montreal for a time not exceed- ing twelve calendar months, by a warrant under the hand of the Master, Deputy Master and "Wardens, or any three of them of whom the Master or Deputy Master shall be one, and of the Registrar and the Seal of the Corporation ; and Lights,ljuoys, that if any floating light, lighthouse, buoy, beacon or or°destTOyed^ other mark placed or to be placed in any part of the said by any Tessei, Port of Montreal, or on the land within the jurisdiction and placed'. ^^ ^^' under the authority of the Corporation, shall be, by accident or otherwise, removed, carried away or destroyed, by any vessel or raft, or by any vehicle, whatsoever, the Master or person in charge of such vessel, raft or vehicle, shall, within forty-eight hours, replace the same at his proper cost and charges, and shall incur a penalty not exceeding twenty pounds currency. XXXVIII. And be it enacted, That the Grovernor of this GoTcrnor to Province, in Council, shall determine what officers and wha™fficers persons it shall be necessary to employ in carrying into shall be em- effect the provisions of this Act, and grant to such officers the&*saiaries. or persons such salaries or pay for their labour and respon- sibility in performing their respective duties as shall be deemed reasonable and proper in lieu of all fees and charges upon moneys received by them ; and the said officers and persons shall give such security for the due performance of 59' 20 Chap. IIY. Trinity House, Mimlreal. 12 YiCT. the duties of their respective offices as the Governor in Council shall, from time to time, direct. Registrar and XXXIX. And be it enacted, That it shall be lawful for captain of tiie the Eegistrar and Treasurer of the Trinity House of Mon- port ™?y ap- treal, and for the Captain of the Port and Harbour Master poiQ epu- ^j. -^qj^^^j.qqI^ appointed under the authority of this Act, by an Instrument in writing under their Hands and Seals, by and with the approval of the_ Master, Deputy Master and Wardens of the said Trinity House, to appoint each some fit and proper person to be their Deputy, and in case of the illness or necessary absence of the said Registrar and Trea- surer or Captain of the Port and Harbour Master, such Deputy shall ' be vested with, and may exercise all and every the powers and authorities which are by law vested in the said Registrar and Treasurer or Captain of the Port and Harbour Master. Tonnage duty imposed on ships, or otiier vessels from the sea, eater- ing or depart- ing from the port ot Mon- treal. To whom to be paid. No clearance until dues are paid. Proviso. Penalty on masters, &c., leaving the port without paying dues. XL. And be it enacted. That from and after the passing of this Act, it shall be lawful for the Collector of Her Majesty's Customs in the Port of Montreal, and he is hereby authorized and required to ask, demand and receive from the Master or Commander of every ship, steamer or other vessel entering the Port of Montreal from any Port or place without the Eastern limits of this Province, including hired ships or transports in Her Majesty's service, and parsing any light, buoy, or beacon placed under the control of the Trinity House of Montreal, the sam of one penny half- penny current money in this Province, per ton, for every ton of the burden of such ship, steamer or other vessel, according to the admeasurement thereof; and the like sum of one penny half-penny, money aforesaid, for every ton of the burden of every ship, steamer or other vessel aforesaid, departing from the Port of Montreal for any Port or place without the eastern limits of the Province, and passing any light, buoy or beacon placed under the control of the Trinity House of Montreal ; and it shall not be lawful for the Collector of the Port of Montreal or the Collector of the Port of Quebec, or any other Officer of Her Majesty's Cus- toms, to grant to any such ship, steamer or other vessel a clearance outwards unless and until the Master or Com- mander of such ship, steamer or other vessel shall have paid unto the said Collector of the Port of Montreal, as well the said tonnage duties as the poundage of the Montreal Decayed Pilots' Fund, payable to him under and by virtue of this Act ; and provided also, that if any Master or Com- mander of any hired ship or transport in Her Majesty's service, or of any other ship, steameir or other vessel, as aforesaid, not requiring a clearance, shall leave the Port of Montreal, on such voyage aforesaid, without having first duly paid to the Collector of Her Majesty's Customs at the Port of Montreal, as well the amount of the tonnage duties 60 1849. Trinity House, Montreal. Chap. IIT. 21 aforesaid, as tlie poundage aforesaid, payable by such Master or Commander to the said Collector under the provisions of this Act, every such Master or Commander shall, for every such offence, forfeit and pay not exceeding the sum of twenty pounds, current money of this Province. XLI. And be it enacted. That from and after the passing S^teamers and of this Act, all steamers, barges, and registered river craft, rifer craft (other than ferry boats) or vessels, navigating the Eiver subject to Saint Lawrence between Quebec and Montreal, within the guiations. limits of the Port of Montreal, or any of the waters within the said limits, or any part thereof, shall, whilst within the said limits be subject to the rules and regulations of the Trinity House of Montreal ; and there shall be paid by the Tonnage duty owner or owners thereof, the agent, master, or person in '"'them, charge 'of any such steamer, barge, or registered river craft for each and every voyage or trip, which and every such steamer, barge or registered river craft, shall perform from Quebec to Montreal or from Montreal to Quebec, or to or from any port or place below the Town of Three Rivers and passing any light, buoy or beacon, placed iinder the control of the Trinity House of Montreal, a tonnage duty of one penny half-penny, and for each such voyage or trip to or from Montreal, to the Town of Three Rivers, or any inter- mediate port or place between the said Town and William Henry, a tonnage duty of one penny, and for each such voyage and trip to or from Montreal, to any port or place on the Eiver Richelieu, or between William Henry and Mon- treal, a tonnage duty of one half-penny, current money of this Province, for every ton of the burthen of such steamer, barge or registered river craft, according to the admeasure- ment thereof ; and the Pilots or persons, if branched or Pilots, if licensed, having charge of or piloting such steamers, barges pifoling ' or river craft, shall also respectively be liable for and con- steamers, &c., tribute towards the Montreal Decayed Pilots' Fund, one \l l^fp^^tl shilling in the pound, upon the wages or hire they may Fuud. respectively be entitled to have and receive for their service in such steamer, barge, or registered river craft ; all which duties hereby imposed shall be raised, levied upon and col- lected from the owner or owners theireof, the agent, master or person in charge thereof, by the Master, Deputy Master and Wardens of the Trinity House of Montreal, or the Reg- istrar and Treasurer thereof. XLH. And whereas in the case of ships, steamers or other Vessels not vessels or registered river craft, navigating or towing within ^arbouf o** the limits of the Port of Montreal and not entering the Har- Montreal to hour of Montreal, the Master, Deputy Master and Wardens 5'eJto°at of the Trinity House of Montreal, or the Treasurer and Reg- Quebec. istrar thereof, may be unable to collect the dues payable on them, under this Act , Be it therefore enacted, That the owner, agent, master or person in charge of every such ship, 61 22 Chap. 111. Trinity House, Montreal. 12 YlCT. Penalty for not paying. steamer, vessel or registered river craft, shall within forty- eight hours after the return of the said ship, steamer, vessel or registered river craft, to the Port of Quebec, from the Port of Montreal, on each voyage or trip, pay or cause to be paid to the Collector of Her Majesty's Customs of the Port of Que- bec, the amount of such dues ; and in default of such pay- ment within forty-eight hours after the return of such ship, steamer, vessel or registered river craft, the said owner, agent, master or persoji in charge thereof, shall pay a penalty not exceeding twenty pounds, current money of this Province ; and the said Collector shall pay the amount of money so collected unto the Treasurer of the Trinity House of Montreal, in the manner directed in the forty-fifth section of this Act. XLIII. And be it enacted, That all moneys that shall be levied and raised under and by authority of this Act, (except- ing the Poundage for the Montreal Decayed Pilot Fund), shall be applied to the improvement of the navigation of the River Saint Lawrence, and other waters within the limits of the Port of Montreal, and for the other purposes and requirements of this Act, under and by authority of the Corporation of the Trinity House of Montreal : and the said Corporation shall at all times render such accounts to such of&cer or person, and in such manner and form, and in such time, as the Grovernor shall direct, and an account in detail of all moneys received and expended by the said Corporation, and of all matters connected with the said receipt and expenditure, shall be laid before each Branch of the Legislature, within fifteen days after the opening of each Session of the Provincial Parliament. Collectors to XLIY. And be it enacted. That the Collectors of Her fetnZ of '' Majesty's Customs at the Port of Montreal and the Port collections, of Quebec, shall respectively make monthly returns to the Treasurer of the Corporation of the Trinity House of Mon- treal, of all collections made by them on account of the said Corporation for the uses thereof, or on account of the Decayed Pilots' Fund of the said Corporation ; and the said monthly returns shall be in detail, specifying the date of each collec- tion, the name and tonnage of each ship, steamer or other vessel, and the name of the Commander or Master thereof. How all moneys col- lected are to be etaployed. Corporation to account annually to the Legisla^ ture. how to be applied. SidTer" ^^ ^^^- ^^^ ^® ^t enacted. That all the moneys collected by monthly, and and payable to the Collectors of Her Majesty's Customs at the ' " " ' Port of Montreal or the Port of Quebec, under and by author- ity of this Act, shall be paid by them monthly into the hands of the Treasurer of the Trinity House of Montreal, to be applied in the manner and for the purposes described and directed in the provisions of this Act. How moneys XLVI. And be it enacted. That all moneys or duties to be ™o*/ereV*' collected under and by authority of this Act, shall or may 62 1849. Trinity Home, Montreal Chap. 11*7. 23 be recoTered from the owner, agent, master, commander, or person in charge of any ship, steamer or other vessel subject thereto, by the Collectors of- Her Majesty's Customs at the Port of Montreal or the Port of Quebec, or by the Master, Deputy Master and Wardens of the Trinity House of Mon- treal (as the case may be), in any manner by which duties Vessels may are bv law recoverable, and they may respectively seize any ^^ seized, or 1 ■', . , ' 1 •' •' .• f .1 • .1 -^ any article on such ship, steamer or vessel, or any article or thing there- board. unto belonging, and detain it or them at the risk, cost and charges of the owner, master or person in charge of any such vessel as aforesaid, until the sum due and the cost and charges incurred in and about such seizure shall be paid in ' full. XLYII. And be it enacted, That it shall not be lawful for Corporation the Corporation of the Trinity House of Montreal to have tr'act?&c°' any transactions of a pecuniary nature, or in buying or sell- with any ing with any Member or Members thereof, directly or ^ereof!^ indirectly. XLYIII. And be it enacted, Thatthe Members and Officers Members, &c., of the said Trinity House of Montreal shall be exempt from exempt from . •' . . ,11 serving as serving on any juries or inquests whatsoever, or as assessors jurors. or constables. XLIX. And be it enacted. That all the fines and penalties Fines to be recovered under this Act (excepting fines and penalties re- paid to cor- covered from Branch Pilots) shall be paid to the Corporation '^°^^ """' of the Trinity House of Montreal, and shall be employed by the said Corporation for the improvement of the Navigation Application of the River Saint Lawrence within the limits of the Port * "*°^' of Montreal and the general purposes of the Corporation, and all such moneys shall be accounted for in the same / manner as other moneys at the disposal of the said Corpor- ation. L. And be it enacted, That nothing herein contained Rights of Her shall extend or be construed to extend to afiect the rights of ^^ed!^ Her Majesty, Her Heirs and Successors. LI. And be it enacted. That this Act shall be deemed and Public Act taken to be a public Act. LII. And be it enacted, That all prosecutions for oflences Limitation of against this Act shall be brought within twelve months prosecutions. after the commission thereof, and not after. 63 24 Chap. 117. Trinity House, Montreal. 12 ViOT. SCHEDULE. Form of License. This is to certify that Owner (or Master or Commander, as the case may be) of the called the hath paid into the hands of the Treasurer of the Trinity House of Montreal, the sum of being at the rate of per foot of the measurement of the said from the after part of the stem to the fore part of the stern post, aloft, and the said the is hereby licensed to navigate the Eiver Saint Lawrence within the limits of the Port of Montreal, and pass the Lights erected by the said Corporation for the better navigation thereof, during the period of navigation of the year one thousand eight hundred and Griven at the City of Montreal, under the Hand of Master {or Deputy Master, as the case may be) of the Trinity House of Montreal, and the seal of the said Corpor- ation hereunto affixed, this day of , in the year of our Lord , and in the year of Her Majesty's Reign. OTTAWA : Priated by Brown Ohamberlin, Law Printer to the Queen's Most Rxcftllftnt Mn.ip.Htv. Excellent Majesty. y arbitration purpose provided for by this Act, and an amicable arrange- " "°°'' " " ment with the proprietor shall not take place, the price to be paid for such land shall be determined as follows : The said Corporation and the proprietor shall each appoint a disinterested Arbitrator, and the two Arbitrators shall name a third also disinterested, and the three Arbitrators after being sworn by or before any Judge or Justice of the Peace, to fulfil their duty honestly and impartially, and having reciprocally given notice of the time and place of their meeting, shall determine the price to be paid by the said Corporation for such land, and their decision shall be final : Provided however, that if the proprietor aforesaid shall after being notified and thereunto required by the said Corporation, refuse or neglect to appoint an Arbitrator as aforesaid, or if the two Arbitrators appointed by the two parties interested shall not agree upon a third, then one of the Judges of the Superior Court shall name an Arbitrator for the proprietor, or the third Arbitrator, as the case may require ; Provided further, that in case of the death of an Arbitrator or his refusal to act, the party w^ho shall have appointed him, or the Judge, as the case may be, may appoint another in his place ; and the three Arbitrators being respectively sworn by any Judge or Justice of the Peace, shall decide finally on the price to be paid by the said Corporation for the land. Proviso. Proviso. Award to be final. Corporation may take the laud on pay- ing the com- pensation, and may clear the land of charges by paying the price into court, &c. XXXII. When the Arbitrators aforesaid shall have deter- mined the price of any land, the said Corporation may take the samL' and become proprietor thereof by paying the price so fixed either to the proprietor or into the hands of the Prothonotary of the Superior Court at Montreal for the proprietor ; and the price agreed upon or awarded for any land taken or kept by the said Corporation shall be in the place and stead of the land, and all claims to or upon the land shall be converted into claims to or upon such price, and if the Corporation have reason to apprehend that any claims may exist to or upon the price on the part of any third party, it may pay such price into the hands of the Prothonotary of the Superior ' ourt at Montreal, filing at the same time a copy of the deed of purchase or of the award, and the Court after having caused due notice to be ffiven for the calling: in of all claimants, shall make such t6 1855. Harbour of Montreal. Chap. 143. 11 order for the distribution of the price as well as of the inter- est thereof, and as to costs, as to law may appertain. XXXIII. The said Corporation shall keep separate accounts Certain ac- of all moneys borrowed, received and expended by it under ^°"?'^ *° *"! the authority of this Act, and shall account for the same poration. annually to the Grovernor, in such manner and form as he may see fit to direct ; but the Provincial Guarantee shall No proTinciai not be given for the payment of either principal or interest S"*^™" ''*• of any sum borrowed under this Act, nor shall the Province be in any way responsible therefor. XXXIV. The members, officers and servants of the said Members, &c., Corporation shall be exempt from serving on juries or exempt°^*'°" inquests whatsoever, or as assessors or constables. jurora, &o. XXXY. The words " By-laws," " Vessels," " Goods " and interpreta- " Dues " in the provisions of this Act, shall severally be ^^°° clause. construed to mean and shall mean as follows : The word "By-laws" shall mean and include all By-laws, Eules, Orders and Regulations made by the said Corporation ; the words " Vessel " or " Vessels " shall mean and include all Ships, Vessels, Boats, Barges, Steamboats, Scows, Eafts and floating Craft whatsoever ; the word " Goods " shall mean and include all Merchandize, Wood, Animals, articles, and things whatsoever landed from a Vessel or deposited on the wharves for the purpose of being shipped or otherwise ; the word " Dues " shall mean and include all Eates, Tolls, Duties and Dues whatsoever imposed by this Act. XXXVI. This Act shall be a public Act. Public Act. Tariff (Schedules A, B, C, D, E, F and G) is repealed by 36 V , c. 61, s. 2'7. ■OTTAWA : Printed by Brown Chambbhlin, Law Printer to the Queen's Host Kxcellent Majesty. ^7 20 VIC, CHAP. 126. An /Vet to amend the Act to provide for the management and improvement of the Harbour of Montreal and the deepening of the Ship Channel between Montreal and Quebec. Preamble. 18 v., c. 143. (Assented to, 10th June, 185*7.) WHEREAS defects have been found to exist in the de- tails of the Act eighteenth Victoria, Chapter one hundred and forty-three, for the management and improve- ment of the Harbour of Montreal and the deepening of the Ship Channel between the said Harbour and the Port of Quebec, which in some respects diminish its efficiency for the purposes therein contemplated, and it is expedient to amend the same : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. In addition to the purposes which are in and by the said Act declared to be the purposes for which the Corpora- tion of the Harbour Commissioners of Montreal may make By-laws under its provisions, the said Corporation shall have power also to make By-laws for the control of the ice in the said Harbour in the Winter season, and of the cutting the same and of the deposit upon the same of any substance or matter whatever, and of the situation and boundaries of any roads thereon ; and also for the allotment of berths in the said Harbour to any Steamer or other vessel, or to any regu- lar line of Steamers, or other Vessels either on each trip of such Steamer or other vessel, or for the whole business season ; and also for the allotting, letting or leasing any lot or lots, space or spaces, or portions of the wharves or piers, or vacant ground in the said Harbour, or any of them ; and also for regulating the powers of the Harbour Master of the said Harbour in respect of the enforcement of his lawful directions and orders in the said Harbour, and in respect of the necessary force, aid or assistance by him required for that purpose ; and to impose penalties for the infringement of such By-laws, in the manner and to the extent, and subject to the restrictions fixed by the said Act and by this Act. Power to im- H. From aiid after the passing of this Act, the said Fufrhiefne by- Corporation of the Harbour Commissioners of Montreal, 78 Commission- ers to make by-laws for the control over the ice in the harbour in winter. For allotting berths to Tes- sels, &c. Regulating Eowers of the arbour mas- ter. Penalties. 185*7. Harbour of Montreal. Chap. 126. 2 shall have power and authority in the By-laws to be by laws and not them made under the authority of the said Act and of this penai^^!*^* Act, to provide, that any person who shall be convicted of infringing any of such By-laws, or any of the provisions of the said Act or of this Act, and who shall be condemned to the payment of any pecuniary penalty for such infringement, and who shall make default in the payment of such pecuniary penalty, and of the costs of such conviction, may be imprisoned for a period to be fixed by the said By-laws but not to exceed thirty days, unless the amount of such penalty and costs be sooner paid, the said powers to be in addition to the powers granted by the seventh section of the said Act. III. All By-laws from time to time made by the said By-lawa sane- Corporation under the provisions of the said Act or of this Governor to^ Act, upon being sanctioned by the Grovernor and published have the force in the ' anada Gazette as provided iii the said Act, shall ° ^'^' become and be law, and shall have the same force and effect as if specifically enacted in and forming part of the said Act or of this Act. IV. In every case wherein the master, owner or person in Seizure of charge of any vessel or goods shall infringe any of the ^g^^l^ heiove By-laws of the said Corporation, or any of the provisions of judgment for .the said Act or of this Act, and shall thereby render himself by*fi^^s"° °^ liable to a penalty, such vessel or goods maybe forthwith seized by the said Corporation before judgment and may be detained at the risk, cost and charges of the owner until the penalty so incurred and th^ costs and charges incurred in the seizure and detention of the same, and the costs of any conviction that may be obtained for such infraction be paid in full. V. In every case wherein under the said Act, or under How seizure this Act, the said Corporation or its authorized agent is thorized^tmd enapowered to seize, or to seize and detain any vessel or upon what goods, such seizure and detention may be effected upon the 6^"^s"<=s7 *o. order of any Magistrate for the District of Montreal j or for the District of Quebec, or for the District of Three Rivers, or of the Collector of Customs at either of the Ports of Mon- treal or Quebec ; and such Magistrates and Collectors respectively, are hereby authorized to give such order, upon the application of the said Corporation, or of its authorized agent, or of its attorney or solicitor, on the aifi,davit of any one credible person, that any sum is due to the said Corpora- tion for any tolls, rates or dues whatever, or that any penalty has been incurred under the By-laws of the said Corporation, or under the provisions of the said Act or of this Act, by the master, owner or person in charge of the said vessel or goods, or that the provisions of the said Act or of this Act have been infringed by any vessel, or by 79 5 Chap. 126. Harbour of Montreal- 20 VlCT. When the seizure may take place. the master, owner or person in charge thereof, or by the owner or person in charge of any goods, stating the par- ticulars of such infringement, and such seizure and deten- tion may take place either at the commencement of any action or proceeding for the recovery of any dues, penalties or damages, or pending such actipn or proceeding, as an incident thereto, or without the institution of any action or proceeding whatever. Provisions of •section 10 of 18 v., c. 143, to apply to this Act,, and to by-laws made under it. Service of 5)rocess. Description -of defendant. VI. The provisions of the tenth section of the said Act regulating the recovery of dues and penalties and the com- petency and sufficiency of witnesses, shall apply to this Act and to the By-laws made under the authority of this Act, to the same extent as if contained herein ; and the service of any Writ of Summons, "Warrant or Notice which may be required by law or by the practice of any Court of Justice to be made upon the master, owner or person in charge of any vessel whatever, shall be held to be well and validly made, if a duplicate or copy or original of such Writ, Warrant of Notice, as the case may be, is delivered to any grown person on board of such vessel, for the master, owner or person in charge thereof; and in any action or proceeding by the said Corporation, the defendant shall be held to be sufficiently described by the mention of his sur- name only ; and any plea in abatement, exception a la forme, or other preliminary plea filed by the defendant shall be summarily disposed of. Special lien -on the vessel for penalties, rates and •dues. -Seizure and sale of vessel. Proviso': time for seizure limited. VII. The said Corporation shall have a special privilege upon any vessel and upon the proceeds thereof, by prefer- ence to all other claims and demands whatsoever, for the payment of all or any penalties, rates and dues, due and payable in respect of such vessel, or of the acts of the mas- ter, owner or person in charge thereof, and of all commuta- tion of rates or dues ; and any such vessel may be seized and sold under any Writ or Warrant of execution, or of distress issued by any Court or by any Magistrate, upon any judgment or conviction at the suit of the said Corpora- tion against the master, owner or person in charge thereof; and the said Corporation may seize and detain such vessel, or such vessel may be seized and sold, in manner aforesaid in the possession or charge of any person whatever, whether in the charge or possession or the property of the person who was proprietor, when such penalties, rates or dues or commutation thereof accrued, or in the charge or possession or the property of a third person or persons ; Provided always, that the rights conferred by this section be exercised within three months from the period when such penalty or penalties, rates, dues or the commutation thereof shall have accrued and become exigible. 80 1861. Harbour of Montreal. Chap. 126. 4 YIII. From and after the passing of this Act the master Master or per- or^person in .charge of every vessel in the said Harbour of°auy vessff shall make the reports, exhibit the bills of lading, cargo to make re- book, or other vouchers mentioned in the sixteenth section l^l^lf^^^ of the said Act, and conform himself to all the provisions wharfinger, ia of the said section, and shall make such report at the office req™r^ed"by of the "Wharfinger of the said Harbour, the whole within the section 16 of time mentioned in the said section ; and in default thereof ^^ '^•> "• ^*^* shall be, and such vessel shall be, subject to all the pains and penalties in the said section mentioned, and to the further penalty of five pounds currency for every twenty- four hours that shall elapse after the arrival of such vessel in the said Harbour until such report shall be so made, and such bills of lading, cargo book, and other vouchers exhibited ; the whole without any notice, demand or requirement on the part of the said Corporation so to do ; and the master or person in charge of every vessel in the said Harbour shall be bound, under the penalties in the nineteenth section of the said Act mentioned, to conform, to the provisions of the said nineteenth section without being notified or required by the said Corporation so to do. IX. It shall be lawful for the said Commissioners, in the The Oommis- exercise of their duties in the improvement of the naviga- place buoys^ in tion between Montreal and Quebec,, to place buoys or other the River and floating marks for all purposes connected with the works peter. by them carried on, and to be carried on under the powers previously granted to them, at such points or places in the Kiver St. Lawrence and in Lake St. Peter as to them may seem needful and expedient, which buoys or floating marks all masters and owners of vessels or rafts shall avoid and teep clear of at their own proper risk and peril : Provided proviso, always, that such buoys or floating marks shall be so placed as to obstruct the navigation of the said River and Lake in as slight a degree as is consistent with the use for which they or any of them are intended. X. If any injury be done to any of the quays, buoys, Corporation j&oating stock, steamers, or dredging vessels of the said ^i^oing^in-^ Corporation, used in the said Harbour, or in the said Eiver jmy to the St. Lawrence between Montreal and Quebec, or any obstruc- '^°''^^- tion whatever offered or made to the operations of the said 'Corporation in the said River between the said places, by .any ships or vessels, or by the carelessness or wantonness of the crew thereof, while in the execution of their duty, or of the orders of their superior officers, it shall be lawful for the said Oorpoi'ation to seize any such' ship or vessel and detain her until the injury so done shall have been repaired by the master or crew, or until security shall have been given by the said master to pay such amount for injury and costs, as may be awarded in any suit which may be 6 81 6 Chap. 126. Harbour of Montreal. 20 VlCT. brought against him for the same, and he is hereby declared to be liable to the said Corporation for any such injury. XI, * * * * * Inconsistent XII. So much of the Said Act as is inconsistent with the repLkl"*^ enactments contained in this Act is hereby repealed. Commission- XIII. Doubts having arisen as to the right of the said to have a™ Harbour Commissioners to erect the gallery or passage over right to erect Capital Street in Montreal aforesaid, now existing, and of fery o*r paJ^^ ^^^ Sufficiency of the sanction given for such erection by the age over Corporation of Montreal, the said Harbour Commissioners are apitai street, jjgrgijy authorized and empowered to retain the said gallery or passage as the same now is, and in the event of its destruc- tion by accident or otherwise to, replace it by a similar con- ^J°7^° ', struction if they see fit ; Provided always, that nothing herein cap. 127 ojthis Contained shall take away the right of any person to claim Session. damages in a civil action for any injury sustained in con- sequence of the erection of such gallery. luterpreta- XIV. The Interpretation Act shall apply to this ^Act. Public Act. XV. This Act shall be a Public Act. OTT'AWA : Printed by Brown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 82 20 VIC, CHAP. 127. An Act to correct an error in an Act of the present Session relative to the Harbour and Harbour Com- missioners of Montreal. [Assented to 10th June, 1857.] WHEEEAS it appears that an error has crept into the Act Preamble. of the present Session hereinafter mentioned, and that injustice would be done if the same were not corrected: for -remedy thereof, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. That for and notwithstanding anything in the Act Rights of th© passed in the present Session, and intituled, An Act to amend fts'toerecTor the Act to provide for the management and improvement of the retain a cer- Harbour of Montreal, and the deepening of the Ship Channel '^^^^fl^' between Montreal and Quebec, the Harbour Commissioners cap. i26 of of Montreal shall not by virtue of the thirteenth section of ^^^ not been the said Act, or any other part thereof, have any better or passed, greater right to erect, retain or replace the gallery or passage over Capital Street in the City of Montreal, mentioned in the said Section, than they had before the passing of the said Act, or than they would have had if the said thirteenth section had not formed part thereof. II. This Act shall be deemed a Public Act. P"Wio Act. OTTAWA : Printed bv Brown Chambeelis, Law Printer to the Queen's Most Excellent Majesty. H 83 20 VIC, CHAP, 128. An Act to amend an Act intituled, An Act to repeal a certain Act and Ordinance tJjterein mentioned, relating to the Trinity House of Montreal, and to amend and con- solidate the provisions thereof, and to make further pro- visions concerning Pilots. [Assented to IQth June, IBS'?.] Preamble. \\l HEREAS it is expedient to amend the Act cited in W the title of this Act, and to make provision respect- ing Pilots : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Trinity House i_ The Master, Deputy Master and Wardens of the Trinity ne^ tariff of House of Montreal assembled under the said Act, shall have rates of pilot- full power and authority to make a By-law establishing a Qu^ebec^ud' 'is'W Tariff of rates to be paid for the pilotage of vessels be- Montreai, tween Quebec and Montreal, and between the several places ajiproved^f nientioned in the twenty-third section of the said Act, dis- the Governor tinguishing the rates upwards from the rates downwards, sh^i°be valid. ^'^'^ ^^^ rates payable" when the vessel is towed by a steamer or propelled by steam from the rates payable when the vessel is n6t towed or propelled by steam ; and such By- law being approved by the Grovernor in Council, shall have full force and eflfect at law, but may be repealed or altered by any By-law to be thereafter made and approved in like manner ; and whenever any such By-law shall be in force the Tariff of rates of pilotage established by the said twenty- third section shall be repealed, and the penalty imposed by the said section on persons demanding, soliciting, receiving, paying or offering higher rates of pilotage than those mentioned in the said section, shall be incurred by Penalty for any person demanding, soliciting, receiving, paying or offer- receiTing_or jj^g greater rates than those fixed by any such By-law then rates. in force, and may be imposed and levied in like manner as other penalties imposed by or under the said Act. Pilots once \\_ "Whenever a pilot shall have been engaged by the •bepafd. ™"^ master or captain of a vessel, he shall be paid, although prevented by the said master or captain of such vessel or his representatives from accomplishing his engagement, Exception, except in cases where the Captain of the vessel shall make 84 1851. Trinily House and Pilots— Montreal. Chap. 128. 2 a complaint against him, and shall .establish the truth thereof against such Pilot. III. An appeal to the Superior Court shall be allowed to -^f^^ii^j*^'' pilots, when they, shall be condemned to the payment of and'upou ° ' fines exceeding ten pounds currency, within the fifteen days ^l^at condi- j- J. 1 \r 11 ■ 1, J J.- i- tions and lu immediately loUowmg such condemnation, upon notice ^hat cases. duly given within the said period of fifteen days to the Trinity House of Montreal, and upon security being given for all costs incurred and to be incurred in the said pro- ceeding, before any one of the Judges of the said Superior Court for the District of Montreal or the Prothonotary of the said Court ; provided that such appeal be supported by a petition setting forth the reasons, causes and motives of appeal from the original judgment ; and such appeal shall be heard during the first juridical days of such Court, and the said Court after hearing the said appeal shall give such judgment therein as to them shall seem meet ; and pro- Evidence be- vided that all the proceedings, documents and evidence House"" be filed and adduced in the original proceedings before the preserved. Corporation of the said Trinity House, shall be and remain of record, and as such shall be preserved, and recourse shall be had thereto on the occasion of the said appeal. lY. Any pilot engaged and on duty who shall be detained Pilots detain- by reason that the vessel is discharging powder, shall receive paid."^' ^ a compensation of fifteen shillings for every day he shall be so detained, over and above the rates of pilotage : Provided Proviso, that any such pilot may be discharged by the master or captain of such vessel, as though he had piloted the said vessel to its destination. V. Whenever a vessel shall be towed by a steamer, the Pilots need pilot having the pilotage of such vessel- shall only be bound 24 L^u™°on to remain on board such vessel, after having moored it firmly board after and in the ordinary manner, for a period of twenty-four ™°o"°g) =• hours, ingtead of forty hours as prescribed by the By-laws at present existing. VI. All the provisions of the Act above cited which may inconsistent be inconsistent with this Act, are hereby repealed. r^peakd"*^ VII. This Act shall be deemed a Public Act. Pnbiic Act. OTTAWA: Printed by Brown Chambeklin, Law Printer to the Queen's Most Excellent Majesty. 85 22 VIC, CHAP. 12. An Act to confer additional powers on tlie Trinity House of Montreal, Preamble. 12 v., c. 117. Notice to be fiven to the rinity House by persons fijiding effects within its jurisdiction. Party cl aim- ing to pay a remuneration to be fixed by Trinity House. Effects not claimed to be advertised. And sold if not claimed. [Assented to SOlh June, 1858.] WHEEEAS in an Act passed in th.e twelftli year of Her Majesty's Eeign, intituled, An Act to repeal a cer- tain Act and Ordinance therein mentioned relating to the Trinity House at Montreal, and to amende and consolidate the provisions thereof, no provision has been made for the dis- posal of effects found in the River St. Lawrence, within the Port of Montreal ; and whereas it is desirable to invest the Trinity House of Montreal with the same powers in relation to effects so found as are given to the Trinity House of Que- bec with respect to such effects : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1 • Every person finding any effects or thing in the Eiver St. Lawrence or on the beach thereof, or in any part of the Elvers running into the same, within the Port of Montreal shall, within four days, if the same be found within the Harbour of Montreal, and within fifteen days if the same be found within any other part of the Port of Montreal, give notice thereof to the Registrar and Treasurer of the Trinity House of Montreal, under a penalty not exceeding ten pounds and shall give him a description of the thing found ; if in the meantime, the master or owner claims the same he shall pay to the finder for his trouble a fair remtlneration, to be fixed by the Trinity House of Montreal, when the parties cannot agree upon it. 2. When anything found in the Eiver St. Lawrence within the above limits has not been claimed, the Eegistrar and Treasurer may advertise it during four weeks, in English and in French, in two or more newspapers published at Montreal, and if within one month after such publication the same be not claimed, the said Eegistrar and Treasurer shall sell the same publicly, and after deducting the expenses of advertising, sale or otherwise, two-thirds of the proceeds of the sale shall belong to the finder, and the remaining third to the Trinity House of Montreal. 86 1858. Trinity House, Montreal. Chap. 22. » 3- This Act shall be construed as if its provisions made interpreta- part of the Act above cited, and all the words and expres- ^ot." ' sions used in this Act shall be held to have the same mean- ing that they have in the said Act, and all the provisions of the said Act, with regard to the penalties imposed by it, shall apply to the penalties imposed by this Act, which Public Aet. shall be deemed a Public Act. OTTAWA : Printed by Brown Ohambeelin, Law Printer to the Queen's Most Excellent Majesty, 87 CONSOLIDATED STATUTES OF CATfADA. 1859. CHAP. V. An Act respecting the Provincial Statutes. TTER Majesty, by and with, the advice and consent or the -^-*- Legislative Council and Assembly of Canada, enacts as follows : — FORM OF ENACTING. Former enact- 1.. The following words, formerly inserted in the Pre- bcPdisused. ° amble of Statutes and indicating the authority by virtue of which they are passed : " Be it therefore enacted by the " Queen's Most Excellent Majesty, by and with the advice " and consent of the 'Legislative Council and of the Legisla- " tive Assembly of the Province of Canada, constituted and ' ' assembled by virtue of and under the authority of an Act " passed in the Parliament of the United Kingdom of Grteat " Britain and Ireland, and intituled, An Act to re-unite the " Provinces of Upper and Lower Canada, and for the Govern- " ment of Canada, and it is hereby enacted by the autho- " rity of the same, as follows : '' iiaving been disused and Another form replaced by the words following, " Her Majesty, by and substituted. ,t ^^^.^ ^^g advice and consent of the Legislative Council " and Assembly of Canada, enacts as follows : " The said last mentioned form shall continue to be used. 18 V^ c. 88, s. 1. Clauses to foi- 2. After the insertion of the words aforesaid, which cise form!°°' shall follow the setting forth of the considerations or reasons upon which the law is grounded, and which shall with these considera;ions or reasons constitute the entire Pre- amble, the various clauses of the Statute shall follow in a concise and enunciative form. 18 V., c. 88, s. 2. INTERPRETATION. To what Acts 3. This section and the fourth, fifth and sixth sections tation*dauses o^ ^^^^ -^c*. and each provision thereof, shall extend 88 1859. Provincial Statutes, Interpretation, Sfc. Chap. 5. 2 and apply to these Consolidated Statutes of Canada, andofthiaAct to every Act passed in the Session held in the twelfth ^ ^ *^^ ^" year of Her Majesty's Eeign, or in any subsequent or future Session of the Provincial Parliament, except in so far as the provision is inconsistent with the intent and object of such Act, or the interpretation which such provision would give to any word, expression or clause is inconsistent with the" context, — and except in so far as any provision thereof is in any such Act declared not applicable thereto ; — ISTor shall the omission in any Act of a declara- tion that the " Interpretation Act " shall apply thereto, be construed to prevent its so applying, although such express declaration may be inserted in some other Act or Acts of the same Session. 12 V., c. 10, s. 1. 4. The Clerk of the Legislative Council shall endorse on Date of assent every Act of the Parliament of this Province, immediately on every Act. after the title of such Act, the day, month and year when the same was by the Grovernor assented to in Her Majesty's name, or reserved the same for the signification of Her Ma- As to reserved jesty's pleasure thereon,— and in the latter case; he shall also endorse thereon the day, month and year when the Grovernor has signified either by speech or message to the Legislative Council and Assembly, or by proclamation, that the same was laid before Her Majesty in Council, and that Her Ma- jesty was pleased to assent to the same ; — And such indorse- Effect of such ment shall be taken to be a part of such Act, and the date ■"'^o^seinent. of such assent or signification, as the case may be, shall be the date of the commencement of the Act, if no later com- mencement be therein provided. 12 V., c. 10, s. 2, 5. Any Act of the Parliament of this Province may be Acts may be amended, altered or repealed by any Act to be passed in the ^^n'^^f^me'' same Session thereof 12 Y., c. 10, s. 3. Session. ©• Subject to the limitations aforesaid, — in every Act of l?teiT>reta- the Parliament of this Province, to which this section ap- ta^n words' plies: — &c., viz.: First. The words "Her Majesty," " the Queen," or ''the Her Majesty, Crown," shall mean — Her Majesty, Her Heirs and Succes- "' sors, Sovereigns of the United Kingdom of Grreat Britain and Ireland ; Secondly/. The words " Governor," " Grovernor of this Governor, Province," " Grovernor Greneral," or " G-overnor in Chief," *°" shall mean — the Governor, Lieutenant Governor, or person administering the Government of this Province for the time being ; Thirdly. The words " Governor in Council," shall mean — Governor in the Governor, Lieutenant Governor, or person administering ^o""*"^- the Government of this Province for the time being, acting by and with the advice of the Executive Council thereof ; b9 Chap. 5. Provincial Statutes, Interpretation, 8fC. 22 ViCT. Lower Can- ada. Upper Canada. United King- dom. United States. Names of places, offi- cers, &c. Number and gender. Person. Writing-writ- ten. Now — next. Month. Holiday. Oath. Power to ad- minister, Registrar — Register. Fourthly. The words "Lower Canada," shall mean all that part of this Province which formerly constituted the Prov- ince of Lower Canada ; Fifthly. The words " Upper Canada '' shall mean all that part of this Province which formerly constituted the Prov- ince of Upper Canada ; Sixthly. The words " the United Kingdom," shall mean the United Kingdom of Grreat Britain "and Ireland ; — and the words " the United States," shall mean the United States of America ; — And generally, the name commonly applied to any country, place, body, corporation, society, officer, func- tionary, person, party or thing, shall mean such country, place, body, corporation, society, officer, functionary, person, party or thing, although such name be not the formal and extended designation thereof ; Seventhly. Words importing the singijlar number or the masculine gender only, sTiall include more persons, parties or things of the same kind than one, and females as well as males, and the converse ; Eighthly. The word "person," shall include any body corporate or politic, or party, and the heirs, executors, admin- istrators or other legal representatives of such person, to whom the context can apply according to the law of that part of the Province to which such context extends ; Ninthly. The words " writing," "written," or any term of like import, shall include words printed, painted, en- graved, lithographed, or otherwise traced or copied; Tenthly. The word " now " or " next," shall be construed as having reference to the time when the Act was presented for the Royal Assent ; Eleventhly. The word "month," shall mean a calendar month ; Twelfthly. The word " holiday " shall include Sundays, New Year's Day, the Epiphany, the Annunciation, Grood- Friday, the Ascension, Corpus Christi, St. Peter and St. Paul's Day, All Saints' Day and Christmas Day, and any day appointed by Proclamation for a Greneral Fast or Thanks- giving ; ThirteenLhly. The word " oath " shall be construed as meaning a solemn affirmation whenever the context applies to any person and case by whom and in which a solemn affirmation may be made instead of an oath : — And in every case where an oath or affirmation is directed to be made before any person or officer, such person or officer shall have full power and authority to administer the same and to certify its having been made * * * * ; — Fourteenthly . The words "Eegistrar" or "Eegister" in any such Act. applying to the whole Province, shall mean and include indifferently Registrars and Registers in Lower Canada and in Upper Canada, and their Deputies, respect- ively ; ■ ' 90 1869. Provincial Statutes, Interpretation, SfC. Chap. 5. 4 Fifteenthly. Any wilful contravention of any such Act as ContraTen- aforesaid, which is not made any offence of some other kind, *'°° of Acts. shall be a misdemeanor, and punishable accordingly ; Sixteenthly. Whenever any wilful contravention of any Puoishment such Act is made an oifence of any particular kind or name, for^contraveii- the person guilty of such contravention shall, on conviction cases. thereof, be punishable in the manner in which such oifence is by law punishable ; Seventeenlhly. Whenever any pecuniary penalty or any Recovery of forfeiture is imposed for any contravention of any such Act naiUerwhen*" as aforesaid, — then, if no other mode be prescribed for the noothermode recovery thereof, such penalty or forfeiture shall be recover- ''° provided, able with costs by civil action or proceeding at the suit of the Crown only, or of any private party suing as well for the Crown as for himself, — in any form allowed in such case by the law of that part of the Province where it is brought, — before any Court having jurisdiction to the amount of the penalty in cases of simple contract, — upon the evidence of any one credible witness other than the plaintiff or party interested ; And if no other provision be made for the appro- priation of such penalty or forfeiture, one half thereof shall belong to the Crown, and the other half shall belong to the private plaintiff, if any there be, and if there be none, the whole shall belong to the Crown ; Eighteenthly. Any duty, penalty or sum of money, or the Penalties not proceeds of any forfeiture, which is by any such Act as afore- propr7atW?o' said given to the Crown, shall, if no other provision be made form part of respecting it, form part of the Consolidated Revenue Fund p°°^ of this Province, and be accounted for and otherwise dealt with accordingly ; Nineteenthly. If any sum of the public money be, by any Paying and such Act as aforesaid, appropriated for any purpose or fo^mraeyf directed to be paid by the Grovernor, — then, if no other pro- appropriated vision be made respecting it, such sum shall be payable ^^ statute. under Warrant of the G-overnor directed to the Receiver G-eneral, out of the Consolidated Revenue Fund of this Pro- vince : And all persons entrusted with the expenditure of any such sum or any part thereof shall account for the same in such manner and form, with such vouchers, at such periods and to such Officer, as the G-overnor may direct ; Twentiethly. The word " Magistrate " shall mean a Justice Magistrate— of the Peace ; — the words ' ' two Justices," shall mean two or J"^^''^^^- more Justices of the Peace, assenibled or acting together ; — And if anything is directed to be done by or before a Magis- trate or a Justice of the Peace, or other Public Functionarj^ or Officer, it shall be done by or before one whose jurisdic- tion or powers extend to the place where such thing is to be done :— And whenever power is given to any person, officer Power to do or functionary to do or to enforce the doing of any act or X^^e aVne^' thing, all such powers shall be understood to be also given cetsary pow- as are necessary to enable such person, officer or functionary ?'^ ^^"^ "^"'"B to do or enforce the doing of such act or thing ; 91 Chap. 5. Provincial Statutes, Interpretation, Sfc. 22 YlCT. when no spe- cial place IS mentioned. Power to ap- point to in- clude power to remove, &c. Name of ofEce to include successor's deputy. Words consti- tuting a cor- poration to vest certain powers in it. Imprisonment Twenty-firstly. If in any such Act as aforesaid, any party ben^no BBe-* is directed to be imprisoned or committed to |)rison, such imprisonment or committal shall, if no other place be men- tioned or provided by law, be in or to the common gaol of the locality in which the order for such imprisonment is made, or if there be no common gaol there, then in or to that common gaol which is nearest to such locality ; and the. keeper of any such common gaol shall receive such person, and him safely keep and detain in such common gaol under his custody until discharged in due course of law, or bailed in cases in which bail may by law^ be taken ; Twenty-secondly. Words authorizing the appointment of any public officer or functionary, or any deputy, shall include the power of removing him, re-appointing him or appoint- ing another in his stead, in the discretion of the authority in whom the power of appointment is vested; Twenty-thirdly. Words directing or empowering a public officer or functionary to do any act or thing, or otherwise applying to him by his o^ame of Office, shall include his Successors in such Office, and his or their lawful Deputy ; Twenty-fourthly . Words making any association or num- ber of persons a corporation or hody politic and corporate, shall vest in such corporation power to sue and be sued, contract and be contrafcted with, by their corporate name, to have a common seal, and to alter or change the same at their pleasure, and to have perpetual succession and power to ac- quire and hold personal property or movables for the pur- poses for which the corporation is constituted, and to alienate the same at pleasure ; and shall also vest in any majority of the members of the corporation, the power to bind the others by their acts ; and shall exempt the individual mem- bers of the corporation from personal liability for its debts or obligations or acts, provided they do not contravene the ^°o )^nVin'l°' Provisions of the Act incorporating them ; — But no corpora- tion shall carry on the business of banking unless when such power is expressly conferred on them by the Act creating such corporation ; Twenty-fifthly. No provision or enactment in any such Act as aforesaid, shall affect in any manner or way whatsoever, the rights of Her Majesty, Her Heirs or Successors, unless it is expressly stated therein that Her Majesty shall be bound thereby ; nor shall it affect the rights of any person or of any body politic, corporate or collegiate, (such only excepted as are therein mentioned,) unless such Act is a Public General Act ; Twenty -sixthly. Every such Act as aforesaid shall be so con- strued as to reserve to the Legislature the power of repealing or amending it, and of revoking, restricting or modifying any power, privilege or. advantage thereby vested in or granted to any person or party, whenever such repeal, amendment, revocation, restriction or modification is deemed by the And if it be a Legislature to be required for the public good ; And unless Bank Act. 92 lize banking. Acts not to affect I he Crown, Ac, unless ex- pressly de- clared so to do. Power to amend any Act. 1859. Provincial Statutes, Interpretation, Src Chap. 5. 6 it is otherwise expressly provided in any such Act passed for chartering any Bank, it shall be in the discretion of the Legislature at any time thereafter to make such provisions and impose such restrictions with respect to the amount and description of notes which may be issued by such Bank, as to the said Legislature appears expedient ; Twenty-seventhly. If any such Act as aforesaid be declared Public Act. to be a Public Act, such declaration shall be construed as an enactment that such Act shall be judicially noticed by all Judges, Justices of the Peace and others without being spe- cially pleaded ; — And every such Act which shall not, either Private Act by its nature or by express provision, be a Public Act, shall be deemed a Private Act, and shall be judicially noticed only when specially pleaded ; — And all copies of any such Acts, printed copies public or private, printed by the Queen's Printer, shall be °^ Acts. evidence of such Acts and of their- contents, and every copy purporting to be printed by the Queen's Printer shall be deemed to be so printed, unless the contrary be shewn ; Twenty-eightly. The Preamble of every such Act as afore- Preamble to said shall be deemed a part thereof, intended to assist in ex- A^ct.*"^ plaining th.e purport and object of the Act ; — And every such Act and every provision or enactment thereof, shall be deem- All Acts re- ed remedial, whether its immediate purport be to direct the ™® '^ ' doing of any thing which the Legislature deems to be for the public good or to prevent or punish the doing of any thing which it deems contrary to the public good, — and shall ac- cordingly receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act and of such provision or enactment, ac- cording to their true intent, meaning and spirit. Twenty ninthly. Nothing in this section shall exclude the Application application to any such Act as aforesaid, of any Eule of Con- cong(r^c°ion struction applicable thereto, and not inconsistent with this inserted or section, or to exclude the application of any Rule of Con- °oti.°3eited struction in this section to any Act passed in any Session before that held in the twelfth year of Her Majesty's Reign, if without this section such Rule would have been applicable thereto ; Thirtiethly. The provisions of this section shall apply to This section the construction thereof, and to the words and expressions ^ords'&c° ' used therein. 12 V., c. 10, s. 5. • this Act. "" * * * # 4^ PEOOP OF PROVINCIAL STATUTES. 14. Any copy of the Statutes and Ordinances of the late CopiPsofActs Province of Lower Canada, printed and published by the ed^Q^een^ Printer duly authorized to print and publish the same by Printer to be Her Majesty, or by any of Her Royal Predecessors, shall be erid'encr'^ received as conclusive evidence of the several Statutes made thereof. 93 Y Chap. 5. Provincial Statutes, Interpretation, SfC. 22 YlCT. and enacted prior to the Union of the Provinces of Upper and Lower Canada, by the Legislature of the Province of Lower Canada, and of the tenor of such Statutes and Ordin- ances, in any Court of Civil or Criminal Jurisdiction in Upper Canada : Copies of Acts 2. And in like manner a copy of the Statutes of the late ed by Queen's Province of Upper Canada, printed and published by the Printer to be Printer duly authorized by Her Majesty, or by any of Her evideDce^'^ Eoyal Predecessors, to print and publish the same, shall be thereof. received as conclusive evidence of the several Statutes made and enacted by the Legislature of the said Province of Upper Canada, prior to the Union of. the said Provinces of Upper and Lower Canada, and of the tenor of such Statutes, in any Court of Civil or Criminal Jurisdiction in Lower Canada. "7 Y., c. 4, s. 1. Short Title of 15. This Act may be cited as "The Interpretation Act.'' OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 94 CHAP. XXIII. An Act respecting the sale and management of Timber on Public Lands. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — LICENSES TO CUT TIMBER ON PUBLIC LANDS. !• The Commissioner of Crown Lands, or any officer or Commissioner agent under him authorized to that effect, may grant Llnd°m'^r licenses to cut timber on the ungranted Lands of the grant Ueenses Crown, at such rates, and subject to such conditions, regu- *° cut timber lations and restrictions as may, from time to time, be estab- lands, lished by the Governor in Council, and of which notice shall be given in the Canada Gazette : 2. No license shall be so granted for a longer period than Period of li- twelve months from the date thereof ; and if, in conse- ''^^^^■ quence of any incorrectness of survey or other error or cause whatsoever, a license is found to comprise lands in- cluded in a license of a prior date, the license last granted As to inter- shall be void in so far as it interferes with the one pre- g^""^ ^^'^'^' viously issued, and the holder or proprietor of the license so rendered void shall have no claim upon the Grovernment for indemnity or compensation by reason of such avoidance, 12 v., c. 30, s. 1. 2. The said licenses shall describe the lands upon Form of li- which the timber may be cut,. and shall confer for the {'^''^J'g^^^^^** time being on the nominee the right to take and keep '^* exclusive possession of the lands so described, subject to such regulations and restrictions as may be established ; — And such licenses shall vest in the holders thereof all rights of property whatsoever in all trees, timber and lumber cut within the limits of the license during the term thereof, whether such trees, timber and lumber are cut by authority of the holder of such license, or by any other person, with or without his consent ; — And such licen- ses shall entitle the holders thereof to seizeinrevendication or otherwise, such trees, timber or lumber where the same are found in the possession of any unauthorized person, and also to institute any action or suit at law or equity against any wrongful possessor or trespassers, and to prosecute all tres- 95 2 Chap. 23. Public Lands — Timber Licenses. 22 ViCT. . passers and other offenders to punishment, and to recover Proceedings damages if any : — And all proceedings pending at the expi- the lice^use ex° ^'^tion of any such license may be continued to final termi- .pires. nation as if the license had not expired. 12 Y., c. 30, s. 2. OBLIGATIONS OF PARTIES OBTAINING LICENSES. Return to be 3. Every person obtaining a license shall, at the expiration ^na^obtaFn-' thereof, make to the officer or agent granting the same, or to ing license, tbe Commissioner of Crown Lands, a return of the number and kinds of trees cut, and of the quantity and description of saw logs, or of the number and description of sticks of square timber, manufactured and carried away under such To b9 attest- license ; and such statement shall be sworn to by the holder •ed on oath, of the license, or his agent, or by his foreman, before a jus- tice of the peace ; and any person refusing or neglecting to furnish such statement, or evading or attempting to evade any regulation made by Order in Council, shall be held to have cut without authority, and the timber made shall be dealt with accordingly. 12 V., c. 30, s. 3. Timber liable 4. All timber cut Under licenses sball be liable for the -dueTmayW payment of the Crown dues thereon, so long as and where- followed until soever the said timber or any part of it may be found, whe- they are paid, ^j^g^ ^^ ^j^g original logs Or manufactured into deals, boards or other stuff, — and all officers or agents entrusted with the • collection of such dues may follow all such timber and seize and detain the same wherever it is found until the dues are paid or secured. 12 Y., c. 30, s. 4. ■The giving of 5. Bonds or promissory notes taken for the Crown dues, not to affect ^ either before or after the cutting of the timber, as collateral ■the lien on the security or to facilitate collection, shall not in any way timber. affiBct the lien of the Crown on the timber, but the lien shall subsist until the said dues are actually discharged. 12 Y., c. 3^ s. 5. Sale of timber 6. If any timber so seized and detained for non-payment paymeirt 0°°' '^^ Crown dues remains more than twelve months in the aues. custody of the agent or person appointed to guard th.e same, without the dues and expenses being paid, — then the Com- missioner of Crown Lands, with the previous special sanc- tion of the Grovernor in Council, may order a sale of the said timber to be made after sufficient notice, — and tbe balance of the proceeds of such sale, after retaining the amount of dues and costs incurred, shall be handed over to the owner or claimant of such timber. 12 Y., c. 30, s. 6. LIABILITY OP PERSONS CUTTING WITHOUT LICENSE. Penalty on 7. If -ny person without authority cuts or employs or tilg'timbe^ induces any other person to cut, or assists in cutting any without li- timber of any kind on any of the Crown, Clergy, School or cense, &c. gg 1859. Public Lands — Timber Licenses. Chap. 23. 3 other Public Lands, or removes or carries away or employs or induces or assists any other person to remove or carry away any merchantable timber of any kind so cut from any of the Public Lands aforesaid, he shall not acquire any right to the timber so cut, or any claim to any remuneration for cutting, preparing the same for market, or conveying the same to or towards market, — and when the timber or saw logs made, if the timber has or have been removed out of the reach of the officers of has teen re- ihe Crown Lands Department, or it is otherwise found im- ' possible to seize the same, he shall in addition to the loss of his labour and disbursements, forfeit a sum of three dollars for each tree (rafting stuff excepted,) which he is proved to have cut or caused to be cut or carried away, — and such sum shall be recoverable with costs, at the suit and in the name of the Commissioner of Crown Lands or resident agent, in any Court having jurisdiction in civil matters to the amount of the penalty ; — And in all such cases it shall Party accused be incumbent on the party charged to prove his authority the^grantiug to cut ; and the averment of the party seizing or prosecuting, of license. that he is duly employed under the authority of this Act, shall be sufficient proof thereof, unless the defendant proves the contrary. 12 V., c. 30, s. "7. • 8. Whenever satisfactory information, supported by Timber aiieg- ;affidavit made before a Justice of the Peace or before any fawfaiiy-'cu't other competent party, is received by the Commissioner of may be seized Crown Lands or any other officer or agent of the Crown affidarif&c"* Lands Department, that any timber or quantity of timber has been cut without authority on Crown, Clergy, School or other Public Lands, and describing where the said timber can be found, the said Commissioner, officer or agent, or any one of them, may seize or cause to be seized, in Her Majesty's name, the timber so reported to be cut without authority, wherever it is found, and place the same under proper custody, until a decision can be had in the matter from com- petent authority : 2. And where the timber so reported to- have been cut ^^ *° timber Tvithout authority on the Public Lands, has been made up mixed up with with other timber into a crib, dram or raft, or in any other o*er timber, manner has been so mixed up at the mills or elsewhere, as to render it impossible or very difficult to distinguish the timber so cut on Public Lands without license, from other timber with which it is mixed up, the whole of the timber so mixed shall be held to have been cut without authority on Public Lands, and shall be liable to seizure and for- :feiture accordingly until satisfactorily separated by the holder. 12 V., c. 30, s. 8. BESISTING SEIZURE - REMOVING TIMBER SEIZED — CONDEMNA- TION OF SUCH TIMBER, ETC. 9. Any officer or person seizing timber, in the discharge Seizing officer of his duty under this Act, may in the name of the Crown "s^Ltancr"^ 4 Chap. 23. Public Lands — Timber Licenses. 22 YlCT. call in any assistance necessary for securing arid protecting' the timber so seized. * # * * 12 V., c. 30, s. 9. lO. 4^ * * * * Burden of 2. And whenever any timber is seized for non-payment of Suea have Crown dues or for any other cause of forfeiture, or any prose- been paid, on cution is brought for any penalty or forfeiture under this whom to he. ^^^^ ^^^ ^^^ question arises whether the said dues have been paid on such timber, or whether the said timber was cut on other than any of the public lands aforesaid, the burden of proving payment, or on what land the said tim- ber was cut, shall lie on the owner or claimant of such tim- ber, and not on the officer who seizes the same or the party bringing such prosecution. 12 Y., c. 30, s. 10. Jj™ber seized n. ^i\ timber seized under this Act shall be deemed to demned.ifnot be condemned, unless the person from whom it was seized claimed w.th- or the owher thereof, within one month from the day of the time. seizure, gives notice to the seizing officer or nearest officer or agent of the Crown Lands Office, that he claims or intends to claim the same ; failing such notice, the officer or agent seizing shall report the circumstances to the Com.m.issioner of Crown Lands, who may order the sale of the said timber by the said officer or agent, after a notice on the spot of at least thirty days : Judge may or- 2. And any Judge having competent jurisdiction may, be delivered whenever he deems it proper, try and determine such on securiiy seizures and may order the delivery of the timber to the eing given. qWq^q^ owner, on receiving security by bond with two good and sufficient sureties to be first approved by the said agent, to pay double the value in case of condemnation, — and such bond shall be taken in the name of the Commis- sioner of Crown Lands, to Her Majesty's use and shall be delivered up to and kept by the Commissioner ;'■ — and if such seized timber is condemned, the value thereof shall be forth- with paid to the Commissioner of Crown Lands or agent and the bond cancelled, otherwise the penalty of such bond shall be enforced and recovered. 12 Y., c. 30, s! 11. timbirircase '*^* ^"^^^7 person availing himself of any false statement of fraud. or oath to evade the payment of Crown dues, shall forfeit the timber on which dues are attempted to be evaded. 12 Y., c. 80, s 12. *J£. 4t 4£. 4t .U. .U. ■7^ -TS* -7^ TT -Tf- ^ Existing li- 14. Nothing in this Act shall in any way invalidate or Hens' saved, affect licenses granted before the thirtieth day of May, 1849, or any obligation then contracted for payment of Crown dues under such licenses, or invalidate the lien of the Crown oh any timber cut upon Public Lands, within the limits of 98 1859. Public Lands — Timber Licenses. Chap. 23. the Province on that day, and upon which the dues there- tofore exacted have not been paid, notwithstanding any bond or promissory note taken for the amount of such dues. 12 v., c. 30, s. 14. OTTAWA : Printed by Brown Chambehlin, Law Printer to the Queen' a Most Excellent Majesty. n CHAP. LII. An Act respecting the Inspection of Hops. HER Majesty, by and witli the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : APPOINTMENT OP INSPECTOES. On a certain 1 . Upon the receipt of any requisition signed by not less theMa'iste'rof ^'^^^ ^^®^^y P®^^*^^^ *^^^*^®^^®*^ ^^ *^® production OT COU- Agricaiture sumption of Hops, Setting forth the necessity of the tue'for^per- appointment of an Inspector of Hops in any incorporated sons wiuing City in this Province, the Minister of Agriculture shall cause B°ector™f '"" ^ Jiotice to be inserted in the Canada Gazette, and in two hops in any newspapers published in such incorporated City, to the effect ■^i*?- that every person resident and doing business in such in- corporated City, who is desirous of being appointed Inspector of Hops, may, within two months from and after the first insertion of such notice, transmit to the Minister of Agri- culture a statement under oath, setting forth his name, place of business, and the length of time during which he has been concerned in the growth or consumption of, or traffic in Hops (as the case may be), and the quantity of Hops produced, consumed, bought or sold by him during such period, accompanied by such testimonials of his skill in judging of the qualities of Hops as he sees fit and is able to procure, and signifying also his desire to be appointed to Inspector of Hops. 22 V-, c. 87, s. 1. The applicant 2. After the expiration of two months from the first in- shaii'^b^ai^ sertion of the notice above mentioned, the G-overnor in pointed. Council may appoint, from among the applicants who have complied with the requirements of such notice, the person who seems best suited to the discharge of the duties of the office, to be an Inspector of Hops : He must give 2. But before any person so appointed an Inspector shall security. ^^^ ^^ such, he shall furnish two good and sufficient sure- ties who shall be bound with himself for the due perform- ance of the duties of his office, in the sum of four hundred dollars each, subject to the approval of the Mayor or chief municipal authority of the City for which the Inspector is appointed : 100 1859. Hops— Inspection of. Chap. 52. 2 3. A bond sliall be executed to Her Majesty in the form Bond, used with regard to persons appointed to offices of trust in this Province ; — And such bond shall avail to the Crown, and to all persons whomsoever who shall or may be aggrieved by the breach of the conditions thereof: 4. No Inspector shall allow any person whomsoever to No person to act for him about the duties of his office, excepting only his l^cimll^l sworn Assistant or Assistants, to be appointed in the man- sworn assist- ner hereinafter provided. 22 Y., c. 8*7, s. 2. *°*- 3. The bond of suretyship which shall be executed by ^'^^*°^y,°^ such Inspector and his sureties, shall be made and kept at the office of the Clerk of the Corporation of the City for which such Inspector is appointed ; — And every person shall Fees for be entitled to have communication and copy of any such copies, &c. bond or suretyship at such .Clerk's office, upon payment of twenty cents for each communication, and of fifty cents for each copy. 22 V., c. 87, s. 3. 4. Each person appointed an Inspector of Hops shall, inspector to before acting as such, take and subscribe an oath before the ^ ^■^°™- Mayor of the City for which he is appointed, who shall administer the same in the words following, to wit : — " I, A. B., do solemnly swear that I will faithfully and The oath. " truly and impartially, to the best of my judgment, skill " and understanding, do and perform the office of an In- " spector of Hops, according to the true intent and meaning " of the Act. respecting the Inspection of Hops ; and that I " will not directly or indirectly, by myself or by any other " person or persons whomsoever grow, produce, buy or " sell any Hops on my own account or upon the account of " any other person or persons whomsoever ; nor will I be *' or remain in the employment or service of any person or " persons who may be engaged in the growth of Hops, or " consumption of Hops, during the time I shall continue " such Inspector. So help me G-od :" Which oath shall be recorded in the office of the Clerk of the City where the same shall be taken : 2. For recording such oath, and for a certificate thereof. Fees for re- the Clerk shall be entitled to demand the sum of fifty cents, lf^^°s ^"""^ and ho more ; and shall give communication of the original to any person applying for the same, on payment of twenty cents for such communication, and fifty cents for each copy. 22 v., c. Si, s. 4. 5- Each Inspector may appoint and remove from time to inspector may time some skilful person to act as his Assistant in case of tants. the absence, sickness or other incapacity of the Inspector, which Assistant shall, on being required so to do, perform the several duties and acts hereinbefore assigned to the Inspector, except that he shall mark his own name and the name of his office, "Assistant Inspector," upon every bale 101 s CHap. 52. Hops — Inspection of. 22 Vict. Hiaremune- and package by him inspected; — And for the performance ra ion. ^£ such services he shall receive such remuneration as may be agreed upon between himself and the Inspector. 22 V., c. 8*7, s. 10. tauts who shall be sworn. The oath. Inspector and 6. The Inspector and his sureties shall be responsible for be^responsi-*° t^® ^^^ o^ ^^^ Assistant done under this Act, in the same bie for Assis- manner and to the same extent that he would have been responsible had they been done and performed by himself : 2. Each Assistant, before he shall act as such, shall take and subscribe the following ' oath before the Mayor of the city in which he is appointed, who shall administer the same : — ■ " I, A. B., do swear that I will diligently, faithfully and " impartially execute the oflB.ce of Assistant of the Inspector " of Hops, for the city of , according to the true " intent and meaning of the Act respecting the Inspection of " Hops, and that I will not directly or indirectly, personally " or by mea,ns of any person or persons in my behalf, receive " any fee, reward or gratuity whatever by reason of my office " of Assistant to the said Inspector (except my salary from " the said Inspector) and that I will not directly or indirectly " trade in Hops, or be in any manner concerned in the pur- " chase or sale of the same, nor will I be or remain in the " employment or service of any person or persons who may " be engaged in the growth, traffic or consumption of Hops " during the time I shall continue such Assistant Inspector. " So help me God." 22 V., c. 81, s. 11. Inspector to have proper building for storage of hops. INSPECTION. '7. Each Inspector shall provide himself with suitable and convenient premises for the storage and inspection of Hops at the plape for which he is appointed, and shall keep all bales and packages of Hops delivered to him for inspection, whilst they remain in his possession, in some dry place, safe from the injuries of the w^eather or of floods, and under a tight roof, and if in sheds, the same shall be good and suffi- cient and enclosed on every side, and the packages shall be so deposited that no moisture shall be imparted to them from the earth ; — And for the time which they are in his possession previous to the inspection thereof, and for twenty- four hours after such inspection, the said Inspector shall be entitled to make no charge for storage, but all trouble and expense attendant upon the loading, unloading and moving the said Hops shall be at the cost of the person at whose request the said Hops are inspected. 22 V., c. 87, s.' 5. Examination g. Every such Inspector shall receive into his premises tion oJ hops, provided as aforesaid, all Hops presented to him for inspec- tion, and shall examine and inspect the same by thoroughly cutting into and examining each bale and package; and he 102 Owner to pay costs of mov- ing them, &c. 1859 Hops — Inspection of. Chap. 52. 4 shall classify and assort the same into three diiferent grades or classes according to their difTerent qualities and condi- tions, to be denominated, Number One ; Merchantable ; Number Two : 2. A'umber One Hops shall comprise all those which are Number one of the first quality in respect to picking, curing, packing, ''°P^- strength, color, flavor, and all other properties which com- bined would constitute a superior article for sale or use in Canada : 3. Merchantable Hops shall comprise all those which are Merchantable good, sound and saleable, and in which no material defect ^"^'^■ or injury exists to the depreciation of their value for use, and which fully possess all the essential properties which render Hops valuable for use, but in a degree inferior to those classified as Number One Hops : 4. Number Two Hops shall comprise the remainder of Number two "those which are fit and valuable for use, but which from °^^' some defects or injuries or improper picking, curing or package, are unworthy to be classified as Merchantable Hops : 5. And the Inspector, shall mark in plain letters and Hpf inspect- n IT 11 11 j?TTi-i*ed hops shall figures on each and every bale and package oi Hops by him i,e marked. inspected, containing Hops of the quality hereinabove des- cribed as Number One Hops, the characters, " No. 1 " ; — of the quality hereinabove described as Merchantable, the word ^' Merchantable," and of the quality hereinabove described as Number Two Hops, the characters, " No. 2," — with his own name and that of the place where the said Hops are inspected, and the year when such inspection is made, together with the weight of each bale or package ; — He shall also mark upon each bale or package which seems to him to be unsaleable or unfit for use, the word " Unmerchan- table : " 6. He shall also make and deliver a separate weigh note Weigh note, or bill of each quality of Hops whenever he is required so "' to do by the owner thereof or his agent. 22 V., c. 8*7, s. 6. J>» If from any particular defect in the quality or con- Case of parti- dition of Hops, or from unskilful picking, curing, packing fu hop*^ otimr- or other particular circumstance, the Inspector places the wise good. mark of an inferior grade upon Hops which would be other- wise of a superior grade, he shall make an entry to that effect and state the particular fault, upon his book to be kept as hereinafter provided, and shall make a memorandum to the same effect upon the weigh note or bill of inspection which he shall deliver to the person entitled to the same. 22 v., c. 8*7, s. 1. lO. Each Inspector shall keep a book, in which shall be Book to be Tegularly entered the number of each bale or package by spector.™" him inspected, with its weight and quality, and the name of the owner of the same or person presenting it for inspec- 103 5 Chap. 52. Hops — Inspection of. 22 ViCT. Bales, &c., to tion ; and the first bale or packag-e presented for inspection, numSfu'^^ being the growth of the year in which it is so inspected, order. shall take the number one, and each bale or package subse- quently inspected shall take a number corresponding to the order of inspection, the numbers being continuous until Hops being the growth of the next ensuing year are pres- ented for inspection ; and the said Inspector shall also mark upon each bale or package inspected the number correspond- ing to the entry in his book. 22 V., c. 87, s. 8. FEES AND CHAKGES. Charges and 11. For all the services to be performed as aforesaid, the- inspector?^ Inspector may charge to the owner of the Hops, or the per- son presenting them for inspection, fifty cents for every hundred pounds weight inspected ; and he may charge a reasonable sum for storage of the same for the actual time they are left in his possession after the first twenty-four hours from the time of inspection ; and he shall not be entitled to make any further charges for any services per- fornaed under this Act ; — But the Inspector shall not be liable for losses by fire or other accidents which he could not have reasonably foreseen and prevented. 22 V., c 87, s. 9. Disputes be- 12. If any dispute arises between any Inspector or Assis- o7hops°andln- tant Inspector and the proprietor or possessor of any Hops, spectors, how with regard to the quality thereof, then, upon application to e settle . ^^ ^^^ ^^^ ^^ jj^^ Majesty's Justices of the Peace for the place in which such Inspector or his Assistant acts, the said Justice shall issue his summons to three persons of skill and integrity, one whereof to be named by the Inspector or his Assistant, another by the proprietor or possessor of the Hops, and the third by the Justice, requiring the said three persons to examine and inspect the same according to the provisions of this Act, and report their opinion of the quality and condition thereof under oath (which oath the said Justice shall administer,) and their determination, or that of the majority of them, shall be final and conclusive,- whether approving or disapproving the judgment of the Inspector or his Assistant, who shall immediately attend thereto, and mark, or cause to be marked, each and every bale and package of the qualities directed by such determination, Costs. according to the provisions of this Act ; — And if the opinion of the Inspector or his Assistant be thereby confirmed, the reasonable costs and charges of such re-examination, to be ascertained and awarded by the said Justice, shall be paid by the proprietor or possessor of the Hops, if otherwise, by the Inspector. 22 V., c. 8t, s. 15. OFFENCES AND PENALTIES. Piiniehment 13. jf any Inspector or his Assistant is directly or indi- Ac°^]&r°o^u- rectly concerned in the buying or selling of any Hops, or 104 1859. Hops — Inspection of. Chap. 52. 6 participates in any transaction or proiit arising therefrom ce? against ' (other than the fees or emolnments granted by this Act), — or dates any weigh note or bill of inspection differently from the time when the Hops were actually inspected, — or issues the same without any date, — or does not conform to the provisions of this Act, —he shall, for every such offence. Penalty. incur a penalty not exceeding two hundred dollars, and be for ever thereafter disqualified and disabled from holding the office of Inspector of Hops ; — And every Inspector or Certain ofifen- Assistant Inspector, or other person, who makes or causes to ces to be fe- be made any fraudulent bill of Inspection of Hops, shall be ™^' guilty of felony, and shall, upon conviction thereof; be con- fined at hard labor in the Provincial Penitentiary for any term not exceeding seven years. 22 V., c. 8*7, s. 12. 14. If any Inspector or his Assistant, not being then em- Penalty for ployed in the Inspection of Hops, on application on lawful [ngpeotf &e> days between sun-rise and sun-set to him made, refuses to receive any Hops, or neglects or delays to proceed in such examination and inspection for the space of three hours after such application so made to him, the said Inspector or his Assistant so in default, shall, for each such offence, forfeit the sum of twenty dollars to the use of the person so delayed. 22 V., c. 8*7, s. 13. 15- If any person counterfeits any of the aforesaid brand Penalty for marks or other marks of any Inspector of Hops, — or, with- 1^°"^^"^°^ out the consent of such Inspector, impresses or brands the marks, &c. same, or any other mark purporting to be the mark of any such Inspector, on any package containing Hops, either with the proper marking tools of such Inspector, or with any counterfeit thereof; — or empties any package of Hops branded or marked by any such Inspector, in order to put therein Hops for sale or exportation, without first cutting out or obliterating any previous brand marks thereon, — -or fraudulently packs therein any other Hops or thing than the Hops contained therein when such mark was impressed, — or if any person in the employ of any such Inspector hires Hiring ont or lends out the marking tools of such Inspector to any brands. person whatever, or connives at, or is privy to, any fraudu- lent evasion of this Act. such person committing any of the offences aforesaid, shall, for every such offence, incur a penalty of two hundred dollars. 22 Y., c. 8t, s 14. 16. Every penalty and forfeiture imposed by this Act Reoorery of shall be recoverable by any Inspector or Assistant Inspector pe^iaities. of Hops, or any other person suing for the same, in any Court having civil jurisdiction to the amount ; and if such penalty does not exceed forty dollars, the proceedings shall be summary ; and siTch penalty or forfeiture shall, on failure of payment, be levied by execution as in the case of debt : 105 Application of penalties. Limitation of prosecutions. Chap. 52. Hops — Inspection of. 22 Vict. 2. And one moiety of every such penalty and forfeiture, when recovered, shall (except when herein otherwise provided) be immediately paid into the hands of the Treasurer of the Corporation of the City wherein the action or prosecution is brought, for the public uses of the said City, and the other moiety shall belong to the person suing for the same, unless the action is brought by an officer of such Corporation, in which case the whole shall belong to the Corporation for the said uses. 22 Y., c. 87, s. Vl. 17- No suit or prosecution for any pecuniary penalty incurred under this Act, for any offence against its provi- sions shall be commenced after the expiration of two years after the commission of the offence. 22 Y., c. 87, s. 18. INSPECTION NOT COMPXJLSOKY. Inspection 18. Nothing herein contained shall prevent any person puisoV^ °°™' f^om purchasing or selling Hops without inspection ; but the inspection had in conformity with the provisions of this Act, shall be decisive as to the quality and condition of the Hops so inspected. 22 Y., c. 87, s. 16. OTTAWA : Pr nted by Brown CHtMSKRUif, Law Printer to the Queen's Moat Hxcellent Majesty. 106 CJIAP. LIX. An Act respecting the protection of Persons Avho receive Assignments and enter into Contracts in relation to Goods entrusted to Agents. |_l ER Majesty, by and with the adviceand consent of the ■'-^ Legislative Oonncil and Assembly of Canada, enacts as follows : — ^ ^ ^ M, M, w, TT TV- TT ^ -TT -7P 21. In case of the bankruptcy of any such agent, and in Remedy of case the owner of the goods redeems the same, he shall, in the"estate'of^' respect of the sum paid by him On account of the agent for an agent such redemption, be held to have paid the same for the use ''^'i'^™?'- of such agent before his bankruptcy, or in case the goods have not been so redeemed, the owner shall be deemed a creditor of the agent for the value of the goods so pledged at the time of the pledge, and may in either case prove for or set off the sum so paid, or the value of such goods, as the case may be. 10-11 V., c. 10, s. 8. ^ :^ ^ ^ -^ struction, maintenance, accommodation and use of the Kail- way, and also to alienate, sell or dispose of the same ; Thirdly. No Eailway Company shall take possession of, Occupy pub- use or occupy any lands vested in Her Majesty, without the bgaclTe's^'&c. consent of the Grovernor in Council ; but with such consent any such Company may take and appropriate for the use of their Eailway and w.orks, but not alienate, so much of the wild lands of the Crown lying on the route of the Eailway, as have not been granted or sold, and as may be necessary for such Eailway, as also so much of the public beach or of the land covered with the waters of any Lake, Eiver, Stream or Canal, or of their respective beds, as is necessary for making and completing and using their said Eailway and Works, but nothing in this sub-section contained, shall apply to the thirty and thirty-first paragraphs of the eleventh section of this Act 14-15 V., c. 51, s. 9, No. 3,-16 Y., c. 169, s. 8 ; Fourthly. To make, carry or place the Eailway across or Carryraiiway upon the lands of any Corporation or person on the line of™^jpo*ja- ^ •of the Eailway, or within the distance from such line stated tioua, and in the Special Act, although through error or other cause, °^'^^^^ < the name of such party has not been entered in the Book of Eeference hereinafter mentioned, or although, some other party has been erroneously mentioned as the owner of or entitled to convey, or is interested in such lands ; Fifthly. To construct, maintain and work the Eailway And across or across, along, or upon any stream of water, water course, along streams canal, highway or railway which it intersects or touches ; but the stream, water course, highway, canal or'railway so 8 113 5 Chap. 66. Railways. 22 YlCT. intersected or touched, shall be restored by the Company to its former state, or to such state as not to impair its useful- , ness ; Tatiw^^''*with Sixthly. To make, complete, alter and keep in repair the one or more railway with one or more sets of rails or tracks to be worked tracks, &c. ; jjy the force and power of steam, or of the atmosphere, or of animals, or by mechanical power, or by any combination of them ; Erect neces- Seventhly. To erect and maintain all necessary and con- ings, whaiTes venient buildings, stations, depots, wharves and fixtures, *c. ; and from time to time to alter, repair or enlarge the same, and to purchase and acquire stationary or locomotive engines and carriages, waggons, floats and other machinery and contrivances necessary for the accommodation and use of the passengers, freights and business of the Railway ; Branch rail- Eighthly. To make branch Railways, if required and pro- ^*^^' vided by the Special Act, and to manage the same, and for that purpose to exercise all the powers, privileges and authorities necessary therefor, in as full and ample a manner as for the Railway ; All other mat- Ninthly. To construct, erect and make all other matters ^ng"nece3- ^^^ things neccssary and convenient for the making, extend- sary for rail- ing and using of the Railway, in pursuance of and according" ^*^ ' to the meaning and intent of this Act, and of the Special Act; Convey pei^ Tenthly. To take, transport, carry and convey persons and gooda on rail- goods on the Railway, to regulate the time and manner in ■^ay ; which the same shall be transported, and the tolls and com- pensation to be paid therefor, and to receive such tolls and compensation ; Borrow mo- Eleventhly. To borrow from time to time, either in this "67) c. Province or elsewhere, such sums of money as may be ex- pedient for completing, maintaining and working the Rail- way, and at a rate of interest not exceeding eight per cent, per annum, and to make the Bonds, Debentures or other securi- ties granted for the sums so borrowed, payable either in currency or in sterling, and at such place or places within this Province or without as may be deemed advisable, and to sell the same at such prices or discount as may be deemed expedient, or be necessary, and to hypothecate mortgage or pledge the lands, tolls, revenues and other property of the Company for the due payment of the said sums and the interest thereon ; but no such debenture shall be for a less sum than one hundred dollars ; Her'^MaSy's Twelfthly. To enter into and upon any lands of Her lands, &c. j Majesty without previous license therefor, or into and upon the lands of any corporation or person whatsoever lying in the intended route or line of the Railway ; ^^and"^^^'^^ Thirteenthly . To make surveys, examinations, or other necessary arrangements on such lands necessary for fixing the site of the Railway, and to set out and ascertain such 114 of lands ; 1859. Railways. Chap. 66. 6 parts of the lands as are necessary and proper for the Eailway ; Fourteenth! y. To fell or remove any trees standing in any RemoTe trees; woods, lands or forests, where the Eailway passes, to the distance of six rods from either side thereof ; Fifteenthly . To cross, intersect, join and unite the Eail- Uuite with way with any other Eailway at any point on its route, and ^ays.™' ' upon the lands of such other Eailway, with the necessary conveniences for the purposes of such connection ; and the owners of both Eailways may unite in forming such inter- section, and grant the facilities therefor ; and in case of ' disagreement upon the amount of compensation to be made therefor, or upon the point or manner of such crossing and connection, the same shall be determined by Arbitrators to be appointed by a Judge of one of the Superior Courts in Lower Canada or Upper Canada, as the case may be ; 14-15 v., c. 51, s. 9, No. 15. 6'ee 22 V., c. 4, s. 2. 5. PLANS AND SURVEYS. lO. Plans and Surveys shall be made and corrected as Provision re- follows: 14-15 v., C. 51, S. 10. ^^eyfinl""" Firstly. Surveys and levels shall be taken and made of levels. the lands through which the Eailway is to pass, together with a Map or Plan thereof, and of its course and direction, and of the lands intended to be passed over and taken therefor, so far as then ascertained, and also a Book of Eefer- ence for the Eailway, in which shall be set forth — 1. A general description of the said lands ; 2. The names of the owners and occupiers thereof, so far as they can be ascertained ; and 3. Everything necessary for the right understanding of such Map or Plan ; Secondly. The Map or Plan and Book of Eeference shall be examined and certified by. the person performing the duties formerly assigned to the Surveyor General or his Deputies, who shall deposit copies thereof in the oflB.ce of the Clerks of the Peace in the Districts or Counties through which the Eailway passes, and also in the Office of the Pro- vincial Secretary, and shall also deliver one copy thereof to the said Company ; Thirdly. Any person may resort to such copies, and make extracts or copies thereof, as occasion requires, paying to the Provincial Secretary, or to the Clerks or the Peace, at the rate of ten cents for every hundred words ; Fourthly. The triplicates of such Map or Plan and Book of Eeference so certified, or a true copy thereof certified by the Provincial Secretary, or by the Clerks of the Peace, shall be good evidence in any Court of Law and elsewhere ; Fifthly. Any omission, misstatement or erroneous descrip- Omissions ,-(. i_ij rj-T. •j.T. £ ■ nowremedieai. tion 01 such lands, or oi the owners or occupiers thereoi, m any Map or Plan or Book of Reference, may, after giving 8i 115 Chap. 66. Railways. 22 Vict. Alterations from original survey. Railway not to be proceed- ed with until mag, &c., de posited. Clerks of the Peace to re- ceive copies of original plan, &c. Copies certi- fied by Clerk to be good evidence in Courts. Line not to deviate more than a mile. ten days' notice to tke owners of such, lands, be corrected by two Justices on application made to them for that pur- pose, and if it appears to them that such omission, misstate- ment or erroneous description arose from mistake, the Justices shall certify the same accordingly ; Sixthly. The Certificate shall state the particulars of any such omission, and the manner thereof, and shall be de- posited with the Clerks of the Peace of the Districts or Counties respectively in which such lands are situate, and be kept by them along with the other documents to which they relate ; and thereupon such Map or Plan or Book of Reference shall be deemed to be corrected according to such certificate ; and the Company may make the Railway n accordance with the Certificate ; Seventhly. If any alterations from the original Plan or Survey are intended to be made in the line or course of the Railway, a Plan and Section in triplicate of such alterations as have been approved of by Parliament, on the same scale and containing the same particulars as the original Plan and Survey, shall be deposited in the same manner as the original Plan, and copies or extracts of such Plan and Sec- tion so far as relate to the several Districts or Counties, in or through which such alterations have been authorized to be made, shall be deposited with the Clerks of such Districts and Counties ; Eighthly. Until such original Map or Plan and Book of Reference, or the plans and sections of the alterations, have been so deposited, the execution of the Railway, or of the part thereof affected by the alterations, as the case may be, shall not be proceeded with ; Ninthly. The Clerks of the Peace shall receive and retain the copies of the original Plans and Surveys, and copies of the Plans and Sections of alterations, and copies and extracts thereof respectively, and shall permit all persons interested to inspect any of the documents aforesaid, and to make copies and extracts of and from the same, under a penalty for default of four dollars ; Tenthly. The copies of the Maps, Plans and Books of Reference, or of any alteration or correction thereof, or extracts therefrom, certified by the Clerk of the Peace, shall be received in all Courts of Justice or elsewhere as good evidence of the contents thereof, and the Clerk of the Peace shall give such certificate to all parties interested when required ; Eleventhly. No deviation of more than one mile from the line of the Railway or from the places assigned thereto in the said Map or Plan and Book of Reference or Plans or Sec- tions, shall be made into, through, across, under or over any part of the lands not shewn in such Map or Plan and Book of Reference, or Plans or Sections, or within one mile of the said line and place, save in such instances as are provided for in the Special Act ; 116 1869. Railways. Chap. 66. 8 Tweljthlij. The Eailway may be carried across or upon Error in the the lands of any person on the line, or within the distance "onenter^Sli from such line as aforesaid, although the name of such per- a book of re- son has not been entered in the Book of Reference through ^'■^°'^^- error or any other cause, or although some other person is erroneously mentioned as the owner of or entitled to convey or is interested in such lands ; Thirteenthly . The lands which may be taken without the Extent of consent of the proprietor thereof shall not exceed thirty t^^g„ ^jt^g^t yards in breadth, except in places where the Railway is consent of raised more than five feet higher, or cut more than five feet P'^°P"^t°''- deeper than the surface of the line, or where offsets are established, or where stations, depots or fixtures are intended to be erected, or goods to be delivered, and then not more than two hundred yards in length by one hundred and fifty yards in breadth, without the consent of the person author- ized to convey such lands ; and the places at which such extra breadth is to be taken shall be shewn on the Map or Plan, or Plans or Sections, so far as the same may be then ascertained, but their not being so shewn shall not prevent such extra breadth from being taken, provided it be taken upon the line shewn, or within the distance aforesaid from such line ; Fourteenthly . The extent of the public beach, or of the Extent of pab- land covered with the waters of any river or lake in this be taken. Province, taken for the Railway, shall not exceed the quan- tity limited in the next preceding clause. 14-15 V , c. 51, s. 10. 6. LANDS AND THEIR VALUATION. 11- The conveyance of lands, their valuation and the compensation therefor, shall be made in manner following : 14-15 v., c. 51, s. 11. Firstly. All corporations and persons whatever, tenants Corporation, in tail or for life, greves de substitution, guardians, curators, yej' iSfds'"'"" executors, administrators and all other trustees whatsoever, not only for and on b©half of themselves, their heirs and successors, but also for and on behalf of those whom they represent, whether infants, issue unborn, lunatics, idiots, femes-covert, or other persons, seized, possessed of, or inter- ested in any lands, may contract for, sell and convey unto the Company all or any part thereof; and any contract, agreement, sale, conveyance and assurance so made shall be valid and effectual in law to all intents and purposes what- soever ; and the corporation and person so conveying is hereby indemnified for what he or it respectively does by virtue of or in pursuance of this Act ; Secondly. Any contract or agreement made by any party Effect of con- authorized by this Act to convey lands, and made before the before deposit deposit of the Map or Plan and Book of Reference, and before of map. the setting out and ascertaining of the lands reqiiired for 117 Chap. 66. Railways.- 22 Vict. Corporations who cannot sell, may agree upon a fixed rent. As to proprie- tor par indi- vis. After one month' B notice of de- posit of map, &c., applica- tion to the owner of lands. the Eailway, shall be binding at the price agreed upon for the same lands, if they are afterwards so set out and ascer- tained within one year from the date of the contract or agreement, and although such land may, in the meantime, have become the property of a third party ; and possession of the land may be taken, and the agreement and price may be dealt with as if such price had been fixed by an award of Arbitrators, as hereinafter provided, and the agreement shall be in the place of an award ; Thirdly. All corporations or persons who cannot in com- mon course of law sell or alienate any lands so set out and ascertained, shall agree upon a fixed annual rent as an equivalent, and not upon a principal sum, to be paid for the lands ; and if the amount of the rent is not fixed by volun- tary agreement or compromise, it shall be fixed and all pro- ceedings shall be regulated in the manner herein prescribed ; and for the payment of the said annual rent, and every other annual rent agreed upon or ascertained, and to be paid for the purchase of any lands, or for any part of the purchase money of any lands, which the vendor agrees to leave un- paid, the Eailway and the tolls thereon shall be liable and chargeable in preference to all other claims and demands thereon whatsoever, the deed creating- such charge and liability being duly registered in the Registry Office of the proper county ; Fourthly. Whenever there is more than one party pro- prietor of any land as joint tenant or tenants in common, or par indivis, any contract or agreement made in good faith with any party or parties proprietor or being together pro- prietors of one third or more of such land, as to the amount of compensation for the same or for any damages thereto, shall be binding as between the remaining proprietor or proprietors as joint tenants or tenants in common and par indivis ; and the proprietor or proprietors who have so agreed, may deliver possession of such land, or empower the entry upon the same, as the case may be ; Fifthly. After one month from the deposit of the Map or Plan and Book of Eeference, and from notice thereof in at least one newspaper, if there be any, published in each of the Districts and Counties through which the Railway is intended to pass, application may be made to the owners of lands or to parties empowered to .convey lands, or interested in lands which may suffer damage from the taking of materials or the exercise of any of the powers granted for the Eailway, and thereupon agreements and contracts may be made with such parties touching the said lands or the compensation to be paid for the same, or for the damages, or as to the mode in which such compensation shall be ascer- tained, as may seem expedient to both parties, and in case of disagreement between them, or any of them, then all questions which arise between them, shall be settled as follows, that is to say : 118 1859. Railways. Chap. 66. 10 Sixthly. The deposit of a Map or Plan and Book of Refer- Deposit, &c., ence, and the notice of such deposit, shall be deemed a n°otice^^''^'^* general notice to all such parties as aforesaid of the lauds which will be required for the said Eailway and w^orks ; Seventhly. The notice served upon the party shall con- Notice to op- ±2iiQ_ • poslte party. 1. A description of the lands to be taken, or of the powers intended to be exercised with regard to any lands, describ- ing them ; 2. A declaration of readiness to pay some certain sum or rent, as the case may be, as compensation for such lands or for such damages ; and 3. The name of a person to be appointed as the Arbitrator of the Company, if their offer be not accepted ; and such notice shall be accompanied by the certificate of a sworn surveyor for Upper Canada or Lower Canada, as the case ■may he, disinterested in the matter, and not being the Arbi- trator named in the notice : 1. That the land, if the notice relate to the taking of land, shown on the said map or plan, is required for the Railway, or is within the limits of deviation hereby allowed ; 2. That he knows the land, or the amount of damage likely to arise from the exercise of the powers ; and 3. That the sum so offered is, in his opinion, a fair com- pensation for the land, and for the damages as aforesaid. Eighthly. If the opposite party is absent from the District iftlie party be or County in which the lands lie, or is unknown, then, upon known. ^ application to a Judge of the Circuit Court, or of the County ■Court, as the case may be, accompanied by such certificate as aforesaid, and by an affidavit of some officer of the Company that the opposite party is so absent, or that, after diligent enquiry, the party on whom the notice ought to be served cannot be ascertained, the Judge shall order a notice as aforesaid, but without a Certificate, to be inserted three times in the course of one month in some newspaper pub- lished in the said District or County ; Ninthly. If within ten days after the service of such ^*^/ "°t *''" notice, or within one month after the first publication company's thereof as aforesaid, the opposite party does not notify to offer, and not the Company his acceptance of the sum offered by them, or arbitrator? notify to them the name of a person whom he appoints as Arbitrator, then the Judge shall, on the application of the Company, appoint a Sworn Surveyor for Upper or Lower Canada, as the case may be, to be sole Arbitrator for deter- mining the compensation to be paid as aforesaid ; Tenthly. If the opposite party, within the time aforesaid, Appointment notifies to the Company the name of his Arbitrator, then the by opposUe'^ two Arbitrators shall jointly appoint a third, or if they cannot party. a,gree upon a third, then the Judge shall, on the application of the party or of the Company (previous notice of at least 119 11 Chap. 66. Railways. 22 Vict. Third arbitra- tor. Duties of ar- bitrators. Costs, how paid. Arbitrators may examine on eath. Time within which award must be made Arbitrator dying, &c. one clear day having been given to the other party), appoint a third Arbitrator ; Eleventhly. The Arbitrators, or any two of them, or the sole Arbitrator, being sworn before some Justice of the Peace for the District or County in which the lands lie, faithfully and impartially to perform the duties of their office, shall proceed to ascertain the said compensation in such vf&j as they or he, or a majority of them, deem best, and the award of such Arbitrators, or any two of them, or of the sole Arbitra- tor, shall be final and conclusive ; But no such award shall be made or any official act be done by such majority, except at a meeting held at a time and place of which the other Arbitrator has had at least one clear day's notice, or to which some meeting at which the third Arbitrator was present, had been adjourned ; and no notice to either of the parties shall be necessary, but each party shall be held sufficiently notified through the Arbitrator appointed by him, or whose appointment he required ; Twelfthly. If in any case where three Arbitrators have been appointed, the sum awarded is not greater than that offered, the costs of the Arbitration shall be borne by the opposite party, and be deducted from the compensation, but if otherwise, they shall be borne by the Company, and in either case th(!y may, if not agreed upon, be taxed by the Judge aforesaid ; Thirteenthly. The Arbitrators, or a majority of them, or the sole Arbitrator, may examine on oath or solemn affirma- tion the parties, or such w^itnesses as voluntarily appear before him or them, and may administer such oath or affir- mation ; and any wilfully false statement made by any wit- ness, under such oath or affirmation, shall be deemed wiHul and corrupt perjury, and punishable accordingly ; Fourteenthly. The Judge by whom any third Arbitrator or sole Arbitrator is appointed, shall, at the same time, fix a day on or before which the award shall be made, and if the same is not made on or before such day, or some other day to which the time for making it has been prolonged, either by the consent of the parties or by the order of the Judge (as it may be for reasonable cause shown, on the application of such sole Arbitrator, or of one of the Arbitra- tors after one clear day's notice to the others), then the sum offered by the Company, as aforesaid, shall be the compen- sation to be paid by them ; Hfteenthly. If the Arbitrator appointed by such Judge, or if any Arbitrator appointed by the parties, dies before the award has been made, or is disqualified, or refuses or fails to act within a reasonable time, then, in the case of the Arbitrator appointed by the Judge upon the application of either party, such Judge being satisfied by affidavit or other- w^ise of such death, disqualification, refusal or failure, may appoint another Arbitrator in his place, and the Company and party respectively may each appoint a;n Arbitrator in 120 1859. Railways. Chap. 66. 12 the place of his arbitrator deceased or otherwise not acting as aforesaid, but no recommencement or repetition of prior proceedings shall be required in any case ; Sixieenihly. Any such notice for lands, as aforesaid, may Companymay be desisted from, and new notice given, with regard to the costs.' ^^■'''"^ same or other lands, to the same or any other party, but in any such case, the liability to the party first notified for all damages or costs by him incurred in consequence of such first notice and desistment, shall subsist ; Seventeenthly . The Surveyor or other person ofiered or Arbitrators appointed as Valuator or as Arbitrator, shall not be disquali- ed^niels pef- fied by reason that he is professionally employed by either sonaily inte- party, or that he has previously expressed an opinion as to ^'^^'^'i- the amount of compensation, or that he is related or of kin to any member of the Company, provided he is not himself personally interested in the amount of the compensation ; and no cause of disqualification shall be urged against any Arbitrator appointed by the Judge after his appointment, but the objection must be made before the appointment, and its validity or invalidity shall be summarily determined by the Judge ; Eiffhieenthly. No cause of disqualification shall be urged Noobjectiott against any arbitrator appointed by the Company or by the ate a third opposite party after the appointment of ^ third Arbitrator ; arbitrator has and the validity or invalidity of any cause of disqualifica- been appoint- tion urged against any such Arbitrator, before the appoint- ment of a third Arbitrator, shall be summarily determined by the Judge, on the application of either party, after one clear day's notice to the other, and if such cause is deter- mined to be valid, the appointment shall be null, and the party offering the person so adjudged to be disqualified, shall be held not to have appointed an Arbitrator ; Nineteenthly . No award made as aforesaid shall be invali- Awards not dated from any want of form or other technical objection, if ^^a°iitofform the requirements of this Act have been complied with, and if the award state clearly the sum awarded, and the lands or other property, right or thing for which such sum is to be the compensation ; nor shall it be necessary that the party or parties to whom the sum is to be paid, be named in the award ; Twentiethly. Upon payment or legal tender of the com- Possession pensation or annual rent so awarded or agreed upon as "npajment^or aforesaid to the party entitled to receive the same, or upon tender, &c., the deposit of the amount of such compensation in the man- °^^i™*'^^'^ ■ ner hereinafter mentioned, the award or agreement shall vest in the said Company the power forthwith to take pos- session of the lands, or to exercise the right, or to do the thing for which such compensation or annual rent has been awarded or agreed upon ; and if any resistance or forcible opposition be made by any person to their so doing, the Judge may, on proof to his satisfaction of such award or agreement, issue his Warrant to the Sheriff of the District 121 13 Chap. 66. Railways. 22 ViCT. or County, or to a Bailiff, as he may deem most suitable, to put the said Company in possession, and to put down such resistance or opposition, which the Sheriff or Bailiff, taking with him sufficient assistance, shall accordingly do ; When war- Twenty -firstly. Such Warrant may also be granted by any arou may °^*^' such Judge, without such award, or agreement, on affidavit isene before to his satisfaction that the immediate possession of the lands *^ar . ^^ ^£ ^-^^ power to do the thing mentioned in the notice, is necessary to carry on some part of the said Railway with which the said Company are ready forthwith to proceed, Security be- and upon the said Company giving security to his satisfac- mg first given tion, and in a sum which shall not be less than double the compensa- amount mentioned in the notice, to pay or deposit the com- tion. pensation to be awarded within one month after the making of the award, with interest from the time at which possession is given, and with such costs as may be lawfully payable by the Company ; wiien com- Tw enty -secondly . The compensation for any lands which . steu^d in the might be taken without the consent of the proprietor, shall place of the stand in the stead of such lands ; and any claim to or incum- ^^ ' brance upon the said lands, or any portion thereof, shall, as against the Company, be converted into claim to the com- pensation, or to a like proportion thereof, and they shall be responsible accordiagly whenever they have paid such com- pensation, or any part thereof, to a party not entitled to receive the same, saving always their recourse against such party ; Astoincum- Twenty-thirdly. If the Company has reason to fear any upou°iaiids ' claims or incumbrances, or if any party to whom the com- ic, purchas- pensatlon or annual rent, or any part thereof is payable, u. oV°' ^^ ™ refuses to execute the proper conveyance and guarantee, or if the party entitled to claim the same cannot be found or is unknown to the Company, or if for any other reason the Company deems it advisable, the Company may, if the lands are situated in Upper Canada, pay such compensation into the office of either of the Superior Courts for Upper Canada, with the interest thereon for six months, and may deliver to the Clerk of the Court an authentic copy of the convey- ance, or of the award or agreement if there be no conveyance, and such award or agreement shall thereafter be deemed to be the title of the Company to the land therein mentioned ; What notice Tw enty-fourthly . A notice, in such form and for such to e pu IS - ^Ij^q a^g the said Court appoints, shall be inserted in some newspaper if there be any, published in the County in which the lands are situate, and in the City of Toronto, which shall state that the title of the Company, that is, the conveyance, agreement or award, is under this Act, and shall call upon all persons entitled to the land, or to any part thereof, or representing or being the husbands of any parties so entitled, to file their claims to the compensation or any part thereof, and all such claims shall be received and adjudged upon by the Court, and the said proceedings 122 1859. Railways. Chap. 66. 14 shall for ever bar all claims to the lands, or any part thereof, including dower, as well as all mortgages or incumbrances upon the same ; and the Court shall make such order for the distribution, payment or investment of the compensation, and for the securing of the rights of all parties interested, as to right and juslice, and according to the provisions of this Act, and the special Act and to law, appertain ; Twenty -fifthly. The costs of the proceedings, or any part % whom thereof, shall be paid by the Company, or by any other paid, party as the Court deem it equitable to order ; Tw enly- sixthly . If such order of distribution as aforesaid When interest be obtained in less than six months from the payment of *° ''or'^aiFb^ the compensation into Court, the Court shall direct a pro- the company, portionate part of the interest to be returned to the Com- pany, and if from any error, fault orneglect of the Company, , it is not obtained until after the six, months have expired, the Court shall order the Company to pay to the proper claimants the interest for such further period as may be right ; Twenty-seventhly. If the lands so taken are situate in Case in which Lower Canada, and if the Company have reason to fear any luateiri^L!o. such claim, mortgage, hypothec or incumbrance, or if any and company party to whom the compensation or annual rent, or any kli'incu^^" part thereof, is payable, refuses to execute the proper con- brances, pro- veyance and guarantee, or if the party entitled to claim the ''^^^^ ^'"^• compensation or rent cannot be found, or is unknown to the Company, or if for any other reason the Company deems it advisable, the Company may pay such compensation into the hands of the Prothonotary of the Superior Court for the District in which the land is situate, with the interest thereon for six months, and may deliver to the said Prothonotary an authentic copy of the conveyance, or of the award, if there be no conveyance, and such award shall thereafter be deemed to be the title of the said Company to the land therein mentioned, and proceedings shall there- upon be had for the confirmation of the title of the said Company, in like manner as in other cases of confirmation of title, except that, in addition to the usual contents of the notice, the Prothonotary shall state that the title of the Company (that is, the conveyance or award) is under this Act, and shall call upon all persons entitled to the lands, or any part thereof, or representing or being the husband of any party so entitled, to file their claims to the compensation, or any part thereof, and all such claims shall be received and adjudged upon by the Court ; Twenty-eighthly. Such judgment of confirmation shall for .Effect of a ever bar all claims to the land, or any part thereof (includ- ion^^atioL ing dower not yet open), as well as any mortgage, hypothec or incumbrance upon the same ; and the Court shall make such order for the distribution, payment or investment of the compensation, and for the security of the rights of all parties interested, as to right and justice, and the Special 123 15 Chap. 66. Railways. 22 YlCT. By ■whom cost to be paid. Interest. The case of railway pas- sing through Indian lands provided for. As to lands belonging to Her Majesty, Act, and according to tlie provisions of this Act and to law, shall appertain ; Twenty-ninthly. The costs of the said proceedings, or any part thereof,' shall be paid by the Company, or by any other party, as the Court deem it equitable to order ; and if judg- ment of confirmation be obtained in less than six months from the payment of the compensation to the Prothonotary, the Court shall direct a proportionate part of the interest to be returned to the Company, and if from any error, fault or neglect of the Company, it is not obtained until after the six months have expired, the Court shall order the Company to pay the Prothonotary the interest for such further period as may be right ; Thirtiethly. If the Eailway passes through any land belonging to or in possession of any Tribe of Indians in this Province, or if any act occasioning damage to their lands be done under the authority of this Act or the Special Act, compensation shall be made to them therefor, in the same manner as is provided with respect to the lands or rights of other individuals ; and w^henever it is necessary that Arbi- trators should be chosen by the parties, the Chief Officer of the Indian Department within this Province, is hereby autho- rized and required to name an Arbitrator on behalf of the Indians, and where the lands belong to the Indians, the amount awarded in any case shall be paid to the said Chief Officer, for the use of such Tribe or Body ; Thirty-firstly. Whenever it is necessary for the Company to occupy any part of the lands belonging to the Queen, reserved for N^val or Military purposes, they shall first ^PPly for and obtain the license or consent of Her Majesty, under the hand and seal of the Grovernor, and having obtained such license and consent, they may at any time or times enter into and enjoy any of the said lands for the pur- poses of the Eailway ; but in the case of any such Naval or Military Eeserves, no such license or consent shall be given except upon a Eeport first made thereupon by the Naval or Military authorities in which such lands are for the time being vested7 approving of such license and consent being so given as aforesaid. 14-15 Y., c. 51, s. 11. 7. HIGHWAYS AND BRIDGES. Railway not to be oarried along any highway without leave from munici- pal authori- ties. 12. The Highways and Bridges shall be regulated as follows : 14-15 Y., c. 51, s. 12. Firstly. The Eailway shall not be carried along an existing highway, but merely cross the same in the line of the Eailway, unless leave has been obtained from the proper Municipal authority therefor ; and no obstruction of such highway with the works shall be made without turning the highway so as to leave an open and good passage for carriages, and, on completion of the .works, replacing the highway, under a penalty of not less than forty dollars for 124 1S59. Railways. Chap. 66. 16 any contravention ; but, in either case, the rail itself, provided it does not rise above or. sink below the surface of the road more than one inch, shall not be deemed an obstruction ; Secondly. No part of the Hallway M^hich crosses any Railway not highway without being carried over by a bridge, or under than oM'hfch by a tunnel, shall rise above or sink below the level of the above level of highway more than one inch ; and the Eailway may be ^'fenc^oasing carried across or above any highway within the limits the same. aforesaid ; Thirdly. The space of the arch of any bridge erected for Height and carrying the Railway over or across any highway shall at breadth of all times be, and be continued of the open and clear breadth highways^ and space, under such arch, of not less than twenty feet, and of a height from the surface of such highway to the centre of such arch of not less than twelve feet ; and the descent under any such bridge shall not exceed one foot in twenty feet ; Fourthly. The ascent of all bridges erected to carry any Ascent of highway over any Railway shall not be more than one foot ''"'^s®^- in twenty feet increase over the natural ascent of the high- way ; and a good and suihcient fence shall be made on each side of every bridge, which fence shall not be less than four feet above the surface of the bridge ; Fifthly. Signboards stretching across the highway crossed Precantions at a level by any Railway, shall be erected and kept up at bosses a^^^''^ each crossing at such height as to leave sixteen feet from highway, the highway to the lower edge of the signboard, and having the words " Railway Crossing " painted on each side of the signboard, and in letters not less than six inches in length ; and for every neglect to comply with the requirements of this clause, a penalty not exceeding forty dollars shall be incurred. 14-15 V., c. 51, s. 12. 8. FENCES. 13. Fences shall be erected and maintained on each side Fences to be of the Railway, of the height and strength of an ordinary each'side'of ■division fence, with openings, or gates, or bars therein at railway, farm crossings of the Road, for the use of the proprietors of the land adjoining the Railway ; and also cattle guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on the Railway. 14-15 V., <5. 51, s. 13. 14. The said words "openings, gates or bars," shall be Meaning of held to mean and shall in all cases imply sliding gates com- <=ertam words. monly called hurdle gates, with proper fastenings ; but this shall not be interpreted to the profit of those proprietors and tenants of land crossed by Railways in this Province, who had received compensation from the Railway Companies, for having omitted the erection of such gates before the ' 125 11 Chap. 66. Railways. 22 Vict. tenth of June, one thousand eight hundred and forty-seyen, nor shall it in any way affect or apply to any Railway con- structed or in part constructed, on the tenth of June, one thousand eight hundred and forty-seyen, but the same shall apply only to such Railways as may be constructed or com- menced after that day. 20 V., c. 35, s. 1. Liability of 15. Until such feuces and cattle guards are duly made, tiUattte """' tJie Company shall be liable for all damages which may be guards erect- done by their trains or engines to cattle, horses, or other animals on the Railway. 14-15 Y., c. 51, s. 13. ed. When to be exempted. 16- After the fences or guards have been duly made, and while they are duly maintained, no such liability shall accrue for any such damages, unless negligently or wilfully done. 14-15 V., c. 51, s. 13. Persons pro- hibited going on the track, &c., with cattle, &c. Or walking thereon. 17. If any person rides, leads or drives any horse or other animal upon such Railway, and witMn the fences and guards, other than the farm crossings, without tjie consent of the Company, he shall for every such offence forfeit a sum not exceeding forty dollars, and shall also pay to the party aggrieved all damages sustained thereby. 14-15 V., c. 51, s. 13. 18. No person other than those connected with, or em- ployed by the Railway, shall walk along the track thereof, except where the same is laid across or along a highway. 14-15 v., c. 51, s. 13, No. 1. DiTidingand 19. "Within six months after any lands have been taken laSd^fo^fan- ^o^ ^^^ ^s® of the Railway, and if thereunto required by the way from proprietors of the adjoining lands respectively, but not ?an§a''°°"°^ otherwise, the Company shall, at their own costs and charges, set and make on the lands so taken, and from time to time, maintain, support anS. keep in repair, a sufficient post or rail, hedge, ditch, bank or other fence sufficient to keep off hogs, sheep and cattle and thereby divide and sepa- rate and keep constantly divided and separated such lands from the lands or grounds adjoining thereto. 14-15 Y., c. 51, s. 13, No. 2. 9. TOLLS.. Tolls to be 20. Tolls shall be from time to time fixed and regulated laws oJot^er- ^J ^^^ By-laws of the Company, or by the Directors, if wise. thereunto authorized by the By-laws, or by the Sharehold- ers at any general meeting, and may be demanded and re- ceived for all passengers and goods transported upon the Railway or in the Steam Yessels to the undertaking belong- ing, and shall be paid to such persons and at such places near to the Railway, in such manner and under such regu- lations as the By-laws direct. ■ 14-15 Y., c. 51, s. 14. lie 1859. Railways. Chap. 66. 18 S 1 . In case of denial or neglect of payment on demand How payment of any such Tolls, or any part thereof, to such persons, the forced! ^^' same may be sued for and recovered in any competent Court, or the Agents or Servants of the Company may seize the goods for or in respect whereof such tolls ought to be paid, and detain the same until payment thereof ; and in the meantime the said goods shall be at the risk of the owners thereof 14-15 V., c. 51, s. 14. 22. If the tolls are not paid within six weeks, the Com- ■'^en if tolls pany may sell the whole or any part of such goods, and out goods^dis- of the money arising from such sale retain the tolls pay- trained may able, and all charges and expenses of such detention and sale ; rendering the surplus, if any, or such of the goods as remain unsold, to the person entitled thereto. 14-15 V., c. 51, s. 14. 23. If any goods remain in the possession of the Com- When goods pany unclaimed for the space of twelve months, the deta^Td may Company may thereafter, and on giving public notice be sold. thereof by advertisement for six weeks in the Canada Gazette, and in such other papers as they deem necessary, sell such goods by public auction at a time and place to be mentioned in such advertisement, and out of the proceeds thereof pay such tolls and all reasonable charges for storing, advertising and selling such goods ; and the balance of the proceeds, if any, shall be kept by the Company for a further period of three months, to be paid over to any party entitled thereto. 14-15 Y., c. 51, s. 14. 24. In default of such balance being claimed before the How balance expiration of the period last aforesaid, the same shall be ^f^^ "iisposed paid over to the Receiver Greneral, to be applied to the gen- eral purposes of the Province, until claimed by the party entitled thereto. 14-15 V., c. 51, s. 14. 25. All or any of the tolls may, by any By-law, be Tolls— how reduced and again raised as often as deemed necessary for aa^ed""""^ '^^ the interests of the undertaking : Provided, that the same tolls shall be payable at the same time and under the same circumstances upon all goods and by all persons, so that no undue advantage, privilege or monopoly may be aiForded to any person or class of persons by any By-laws relating to the tolls. 14-15 v., c. 51, s. 14. 26. In all cases, a fraction in the distance over which A fraction of goods or passengers are transported on the Railway shall be co^iderad as considered as a whole mile ; and for a fraction of a ton in a whole one the weight of any goods, a proportion of the tolls shall be toii^*'^^'"^ demanded and taken according to the number of quarters of a ton contained therein, and a fraction of a quarter of a ton shall be deemed and considered as a whole quarter of a ton. 14-15 v., c. 61, s. 14. 121 19 Chap. 66. Railways. 22 Vict. Table of tolls 2T. The Directors shall, from time to time, print and In officeTairi' ^tick up, or cause to be printed and stuck up, in the office, cars. and in all and every of the places where the tolls are to be collected, and in every passenger car, in some conspicuous place there, a printed board or paper exhibiting all the tolls payable, and particularizing the price or sum of money to be charged or taken for the carriage of any matter or thing. 14-15 v., c. 51, s. 14. Tolls to be ap- proved of by the Governor 28. No tolls shall be levied or taken until approved of by the Governor in Council, nor until after two weekly publications in the Canada Gazette of the By-law establish- ing such tolls, and of the Order in Council approving there- of. 14-15 Y., c. 51, s. 14. See 10-11 V., c. 63, s. 14. The Governor 29. Every By-law fixing and regulating tolls shall be mayreviseby- gii^jject to revision by the Grovernor in Council from time to toiTs! ^""^ time, after approval thereof as aforesaid ; and after an Order in Council, reducing the tolls fixed and regulated by any By-law, has been twice published in the Canada Gazette, the tolls mentioned in such Order in Council shall be sub- stituted for those mentioned in the By-law so long as the Order in Council remains unrevoked. 14-15 V., c. 51, s. 14. 10. GENERAL MEETINGS. Shareholders 30. The Shareholders may assemble together at general nerai'meet?^' i^eetings for purposes connected with or belonging to the ings. undertaking, and at any annual general meeting, and may elect Directors in the manner provided by the next succeed- ing clause. 14-15 V., c. 51, s. 15. 11. PBESIDENT AND DIRECTOES— THEIR ELECTION AND DUTIES. (Board of di- rectors. 31. A Board of Directors of the undertaking to manage its afiairs, the number whereof shall be stated in the Special Act, shall be chosen annually by a majority of the Share- holders voting at such election at a general meeting, the time and place for which shall be appointed by the Special Act, and if such election is not held on the day so appointed, the Directors shall notify and cause such election to be held • within thirty days after the day appointed. 14-15 Y., c. 51, s. 16. Who entitled 32. On the day so notified, no person shall be admitted to vote. ^Q ^Q^g except those who would have been entitled to vote had the election been held on the day when it ought to have been held. 14-15 Y., c. 51, s. 16. Vacancies, 33. Yacancies in the Board of Directors shall be filled in IrJ." ^' ^"' the manner prescribed by the By-laws. 14-15 Y., c. 51, s. 16. ^' 128 1859. Railwmjs. Chap. 66. 20 3-4. No p-orson shall be a Director unless he is a stock- Who qualified holder, owning stock absolutely in his own right, and qual- ^^j.^ ^ ^^^'^' ified to vote for Directors at the election at which he is chosen. 14^15 V., c. 51, s. 16. 35. The method of calling general meetings, and the Calling of time and place of the first meeting of stockholders for j^gf ^J"'^^*" the appointment of Directors, shall be determined and settled in the Special Act. 36. The number of votes to which each shareholder '^oteB to be in shall be entitled on every occasion when the votes of the \\sa°l. '°" members are to be given, shall be in the proportion to the number of shares held by him, unless otherwise provided by the Special Act. 37. All shareholders, whether resident in this Province Shareholders or elsewhere, may vote by proxy, if they see fit ; Provided ^roxy.°'^ ^^ that such proxy produce, from his constituent an appoint- ment in writing, in the words or to the effect following, that is to say : I, , of , one of the shareholders of the , do hereby appoint of , to be my proxy, and in my absence to vote or give my assent to any business, matter or thing relating to the said undertaking, that may be mentioned or pro- posed at any meeting of the shareholders of the said Com- pany, or any of them, in such manner as he, the said thinks proper. In witness whereof, I hare hereunto set my hand and seal, the day of , in the year 38. The votes by proxy shall be as valid as if the prin- ^o^s by cipals had voted in person ; and every matter or thing yaifd. proposed or considered in any public meeting of the share- holders shall be determined by the majority of votes and proxies then present and given, and all decisions and acts ■of any such majority shall bind the Company and be deem- ed the decisions and acts of the Company. 39. The Directors first appointed, or those appointed in Term of office their stead, in case of vacancy, shall remain in ofiice until the of directors. next annual election of Directors at the time appointed therefor, at which time an annual general meeting of the shareholders shall be held to choose Directors for the ensu- ing year, and generally to transact the business of the Company. 40. In case of the death, absence or resignation of any of Vacancies, •the Directors, others may be appointed in their stead by the ^"^ suppUed. .surviving directors ; but if such appointment be not made, .such death, absence or resignation shall not invalidate the acts of the remaining Directors. 14^15 V., c. 51, s. 16. 9 129 21 Chap. 66. Railways. 22 YlCT. President. Vice-presi- dent. Quorum. 41. The Directors shall, at their first or at some other meet- ing after the day appointed for the annual general meeting, elect one of their number to be the President of the Company ,^ who shall always when present, be the Chairman of and preside at all meetings of the Directors, and shall hold hi& office until he ceases to be a Director, or until another Presi- dent has been elected in his stead ; and they may in like manner elect a Vice-President, who shall act as Chairman in the absence of the President. 4^. The Directors at any meeting at which not less than a quorum, to be settled by the Special Act, are present, shall be competent to use and exercise all and any of the powers vested in the Directors. Acts of majo- 43. The act of a naajority of a quorum of the Directors tb/whoie! present at any meeting regularly held, shall be deemed the act of the Directors. Ibid, s. 16, No. T. Casting Tote. 44. js^q Director shall have more than one vote at any meeting except the Chairman, w^ho shall, in case of a divi- sion of equal numbers, have the casting vote. Directors to be subject to shareholders and by-laws. 4.'5. The Directors shall be subject to the exiamination and control of the shareholders at their annual meetings, and be subject to all By-laws of the Company, and to the orders and directions from time to time made at the annual or at any special meetings, such orders and directions not being con- trary to any express directions or provisions of this Act or the Special Act. Officers of 46. No person holding any office, place or employment nXbe d^rec-" ^^ °^ being concerned or interested in any contracts under tors. or with the Company, shall be capable of being chosen a Director, or of holding, the office of Director, nor shall any person being a Director of the Company enter into, or be directly or indirectly, for his own use and benefit, inter- ested in any contract with the Company, not relating to the purchase of land necessary for the liailway or be or become a partner of any contractor with the Company ; and no con- tracts for works of construction or maintenance of Railways, except works of ordinary repair, or of immediate necessity, shall be entered into until after tenders for such works respectively have been invited by public notice th erefor, given for at least four weeks in some newspaper published in the place nearest to the work required to be done ; but no Com- pany shall be compelled to accept of any such tender ; and in the event of any such contract made since the thirtieth of June, one thousand eight hundred and fifty-eight, or made after this Act takes eff'ect, by or on behalf of a,nyDirector, an action shall lie in any Court of Common Law, or other Court of competent jurisdictioh against such Director, at the suit 130 1859. Railways. Chap. 66. 22 of any shareholder or stockholder of the Company, for the benefit of the funds thereof, for the whole amount of profit accruing to such Director from the contract so made or fulfilled. 14-15 v., c. 51, s. 16, No. 8.-22 V., c. 4, s. 1. 47. The Directors shall ftiake By-laws for the management By-laws for and disposition of the stock, property, business and affairs of S''stofk°&c* the Company, not inconsistent with the laws of this Pro- vince, and for the appointment of all ofiicers, servants and artificers, and prescribing their respective duties. Ibid, s. 16, No. 9. 12. CALLS. 48. The Directors may from time to time make such calls Calls, of money upon the respective shareholders, in respect of the amount of capitalrespectively subscribed or owing by them, as they deem necessary, and thirty days' notice at the least shall be given of each call, and no call shall exceed the pre- scribed amount determined in the Special Act, or be made at a less interval than two months from the previous call, nor shall a greater amount be called in, in any one year, than the amount prescribed in the Special Act. Ibid, No. 10. 49. All notices of meetings or of calls upon the share- Notice of holders of the Company shall be published weekly in the ^^^t^hld.^"^ Canada Gazette, and the said Gazette shall, on production thereof, be conclusive evidence of the sufficiency of such notices. Ibid, No. 24. 50. Every shareholder shall be liable to pay the amount Payment of of the call so made in respect of the shares held by him to ^e made^ ^ the persons, and at the times and places from time to time appointed by the Company or the Directors. 51. If before or on the day appointed for payment, any Interest to be shareholder does not pay the amount of the call, he shall be u™fd*clii°'* liable to pay interest for the same, at the rate of six per centum per annum, from the day appointed for the payment thereof to the time of the actual payment. 53. If at the time appointed for the payment of any call. Amount of any shareholder fails to pay the amount of the call, he may reco-rered^by be siied for the same, in any Court of Law or Equity having suit. competent jurisdiction, and the same may be recovered with lawful interest from the day on which the call became pay- able. 53. In any action or stiit to recover any money due upon what forma- any call, it shall not be necessary to set forth the special aa^Vac^kina matter, but it shall be sufficient to declare that the defen- for calls. dant is the holder of one share or more, stating the number 9* 131 23 Chap. 66. Railways. 22 Vict. of shares, and is indebted in the sum of money to which the calls in arrear 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 Company by virtue of the tipecial^ct. Certificate of 54. The certificate of proprietorship of any share shall shippnma b^ admitted in all courts, as prima facie evidence of the facie evi- title of any shareholder, his executors, administrators, suc- ®''°^' cessors or assigns, to the share therein specified. 55- But the want of such certificate shall not prevent the holder of any share from disposing thereof. Penalty for 56- Any persous neglecting or refusing to pay a rateable cal^'.*^ *° ^*^ share of the calls as aforesaid, for the space of two months after the time appointed for the payment thereof, shall forfeit their respective shares in the undertaking, and all the pro- fit and benefit thereof ; all which forfeitures shall go to the CoEapany for the benefit thereof. Forfeiture of 57. -^Q advantage shall be taken of the forfeiture,, unless taken advan- the Same is declared to be forfeited at a general meeting of tageofoniy ^he Company, assembled at any time after such forfeiture incurred. at a general meeting. Effect of for- feiture as to liabilities. Directori may sell forfeited shares by auction. 58. Every such forfeiture shall be an indemnification to and for every shareholder so forfeiting against all actions, suits or prosecutions whatever, commenced or prosecuted for any breach of contract or other agreement between such shareholder and the other shareholders with regard to carry- ing on the undertaking. 59. The Directors may sell, either by public auction or private sale, and in such manner and on such terms as to them seem meet, any shares so declared to be forfeited, and also any shares remaining unsubscribed for in the capital stock of the Company, or pledge such forfeited or unsub- scribed shares for the payment of loans or advances made or to be made thereon, or of any sums of money borrowed or advanced by or to the Company. Treasurer^o^ ®®* -^ Certificate of the Treasurer of the Company that the be evidence of forfeiture of the shares was declared, shall be sufficient evi- ^f^^ii"'* ^"^ dence of the fact, and of their purchase by the purchaser, and such certificate, with the receipt of the Treasurer for the price of such shares, shall constitute a good title to the shares, and the certificate shall be by the said Treasurer enregistered in the name and with the place of abode and occupation of the purchasers, and shall be entered in the books required to be kept by the By-laws of the Company, and such purchaser shall thereupon be deemed the holder of 132 1850. Rai'waijs. Chap. 66. 24 such shares, and shall not be bound to see to the application of the purchase money, nor shall his title to such shares be affected by any irregularity in the proceedings in reference to such sale, and any shareholder may purchase any shares so sold. 61. Shareholders willing to advance the amount of their Interest may shares, or any part of the money due upon the respective gharehoidera" shares beyond the sums actually called for, may pay the paying money same, and upon the principal moneys so paid in advance, or thetr ^shares"" so much thereof as from time to time exceeds the amount of the calls then made upon the shares, in respect to which such advance is made, the Company may pay interest at the legal rate of interest for the time being, as the shareholders paying such sum in advance and the Company agree upon ; but such interest shall not be paid out of the capital siib- scribed. 62. The Directors shall cause to be kept, and annually on Directors to the thirty-first day of December shall cause to be made up account" tobe and balanced, a true, exact and particular account of the kept, money collected and received by the Company, or by the Directors or Managers thereof, or otherwise, for the use of the Company, and of the charges and expenses attending the erecting, making, supporting, maintaining and carrying on of the undertaking, and of all other receipts and expendi- tures of the Company or the Directors. 63. At the general meetings of the shareholders of the Declaration undertaking, from time to time holden, a dividend shall be ° made out of the clear profits of the undertaking, unless such meetings declare otherwise. 6 3. Such dividend shall be at and after the rate of so Ataomueh much per share upon the several shares held by the share- ^^"^ *'^*' holders in the stock of the Company, as such meeting think fit to appoint or determine. 65. No dividend shall be made whereby the capital of Diyidends not the Company is in any degree reduced or impaired, or be capitaf." paid thereout, nor shall any dividend be paid in respect of any share, after a day appointed for payment of any call for money in respect thereof, until such call has been paid. 66. The Directors, may, in their discretion, until the Directors may Railroad is completed and opened to the public, pay interest ^n^gumrcaii- at any rate not exceeding six dollars per hundred dollars ed up in re- per annum, on all sums called up in respect of the shares, gg^res"^ from the respective days on which the same have been paid, such interest to accrue and be paid at such times and places as the Directors appoint for that purpose. 133 25 Chap. 66. Railways. 22 Vict. May appoint officers. No interest on ©7. j^q interest shall accrue to the proprietors of any rear.^^ ^° ^^' share upon which any call is in arrear in respect of such shares or any othet share to be holden by the same share- holder while such call remains unpaid, nor shall any inter- est be paid or taken from the capital subscribed. 6S. The Directors shall from time to time appoint such ofhoers as they deem requisite, and shall take sufficient security, by one or more penal bonds, or otherwise, from the Manager and officers for the time being, for the safe keeping and accounting by them respectively of the moneys raised by virtue of this Act and the Special Act, and for the faithful execution of their offices, as the Directors think proper. Vice-preai- 69. In case of the absence or illness of the President, the thelbsenclo'f ^^*^®'-'^^®^^*^®^* ^^^^^ ^^^® ^^^ *^® rights and powers of the the president. President, and may sign all Notes, Bills, Debentures, and other Instruments, and perform all acts w^hich by the Reg- ulations and By-laws of the Company or by the Acts incor- porating the Company are required to be signed, performed and done by the President. Absence of TO. The Directors may at any meeting require the Sec- torentereiTin^ retary to enter such absence or illness Among the proceed- the minutes, ings of such meeting, and a certificate thereof signed by and certified, ^jjg Secretary shall be delivered to any person or persons requiring the same on payment to the Treasurer of one dollar, and such certificate shall be taken and considered as prima facie evidence of such absence or illness, at and during the period in the said certificate mentioned, in all proceedings in Courts of Justice or otherwise. 14-15 V., c. 51, s. 16. 13. SHAKES AND THEIR TRANSFEE. Tl. Shares in the undertaking may, by the parties, be sold and disposed of by instrument in writing, to be made in duplicate, one part of which shall be delivered to the Directors, to be filed and kept for the use of the Company, and an entry thereof shall be made in a book to be kept for that purpose ; and no interest on the shares transferred shall be paid by the purchaser until such duplicate is so de- livi^red, filed and entered. 14-15 V., c. 51, s. IT. Form of sale. 73. Sales shall be in the form following, varying the names and descriptions of the contracting parties, as the case may require : I, A. B., in consideration of the sum of , paid to me by 0. D., hereby do sell and transfer to him share [or shares) of the stock of the , to hold to him the said C. D. his heirs, executors, administrators and 134 Shareholders may dispose of shares. 1859. . Railways. Chap. 66. 26 assigns, subject to the same rules and orders, and on the same conditions that I held the same immediately before the execution thereof. And I, the said C D. do hereby agree to accept of the said share {or shares) subject to the same rules, orders and conditions. Witness our hands this day of in the year 18 73. The stock of the Corapany shall be deemed personal stock to be estate, but no shares shall be transferable until all previous esTafe— trans- calls thereon have been fully paid in, or the said shares have fer of- been declared forfeited for the non-payment of calls thereon, and no transfer of less than a whole share shall be valid. 14-15 v., c. 51, s. 1*7. ,, ; 74. If any share in the Company be transmitted by the Tranamission death, bankruptcy or last will, donation or testament, or by thanby tans- the intestacy of any shareholder, or by any lawful means fer provided other than the transfer hereinbefore mentioned, the party to ^°^' whom such share is so transmitted, shall deposit in the office of the Company a statement in writing, signed by him, declaring the manner of such transmission, together with a duly certified copy or probate of such will, donation or testament, or sufficient extracts therefrom, and such other documents or proof as may be necessary, and without which such party shall not be entitled to receive any share of the profits of the Company, nor vote in respect of any such share as the holder thereof. 14-15 Y., c. 51, s. 1*7. 14. MUNICIPALITIES. 75. Municipal corporations in this Province may sub- ^^i^icipaicor- scribe for any number of shares in the capital stock of, or take*stock"^^ lend to or guarantee the payment of any sum of money borrowed by the Company from any corporation or person, or indorse or guarantee the payment of any Debenture to be issued by the (.'ompany for the money by them borrowed, and may assess and levy from time to time upon the whole rateable property of the Municipality a sufficient sum for them to discharge the debt or engagement so contracted, and for the like purpose may issue Debentures payable at such times and for such sum respectively, not less than twenty dollars, and bearing or not bearing interest, as such Municipal corporation thinks meet. 14-15 V., c. 51, s. 18. 76. Any such debenture issued, endorsed or guaranteed. Debentures shall be valid and binding upon the municipal corporation, tS'^to^ if signed or endorsed and countersigned by the officer or binding. person, and in such manner and form as directed by any By-law of the corporation, and the corporation seal thereto shall not be necessary, nor the observance of any other form with regard to the Debentures than such as directed in the By-law. 14-15 V., c. 51, s. 18. 135 2*7 ■ Chap. 66. Railways. 22 ViCT. They cannot 77. No Municipal corporation shall subscribe for stock stock"nieM o^ incur any debt or liability under this Act or the Special by-laws are Act, unless and until a By-law to that effect has been duly purposef *^^* niade and adopted with the consent first had of a majority of the qualified electors of the Municipality, to be ascer- tained in the manner determined by the By-law, after, public advertisement thereof containing a copy of such proposed By-law, inserted at least four times in each newspaper printed within the limits of the Municipality, or if none be printed therein, then in some one or more newspapers printed in the nearest City or Town thereto and circulated therein, and also put up in at least four of the most public places in each Municipality. 14-15 V., c. 51, s. 18. Mayor, &c., to 78. The Mayor, "Warden or Eeeve, being the Head of directOTfn ^ such Municipal Corporation, subscribing for and holding certain cases, stock in the Company to the amount of twenty thousand dollars or upwards, shall be ex officio one of the Directors of the Company, in addition to the number of Directors autho- rized by the Special Act, and shall have the same rights, powers and duties as any of the Directors of the Company. 14-15, Y-,c. 51, s. 18. Mayor, &c., 79. No such Mayor, "Warden, lieeve or other chief officer directo3*o/°'^ or other person representing any Municipality having or companies in- taking stock in any Railway Company shall, directly or fo°re'mhJune" indirectly, vote on the election or appointment of the pri- 1853. vate ] irectors of any Railway Company incorporated pre- vious to or during the Session held in the sixteenth year of Her Majesty's Reign, unless the Special Act of incorpora- tion of such Company expressly provides therefor. 16 V., c. 169, s. 5. 15. SHAREHOLDEKS. EJdMdnaii™ *^' ^^'^^ shareholder shall be individually liable to the liable. Creditors of the Company to an amount equal to the amount unpaid on the stock held by him, for the debts and liabili- ties thereof, and until the whole amount of his stock has been paid up ; but shall not be liable to an action therefor before an execution against the Company has been returned xinsatisfied in whole or in part, and the amount due on such execution shall be the amount recoverable with costs against such shareholders. 14^15 V., c. 51, s. 19. Stock may be 81. The original capital stock may be increased from time to time to any amount, but such increase must be sanctioned by a vote in person or by proxy, of at least two-thirds in amount of all the shareholders, at a meeting of them ex- pressly called by the Directors for that purpose, by a notice in writing to each shareholder, served on him personally, or properly directed to him, and deposited in the post office 136 1859. Railways. Chap. 66. 28 nearest to his place of residence, at least twenty days pre- Tious to such meeting, stating the time and place and object of the meeting, and the amount of increase ; and the pro- ceedings of such meeting must be entered on the minutes of the proceedings, and thereupon, the capital stock may be increased to the amount sanctioned by such a vote. 14-15 v., c. 51, s. 19. 82. The funds of the Company shall not be employed in Compauy not the purchase of any stock in their own or in any other ;" ^^l^ \°^. Company. 14-15 V., c. 51, s. 19. panies. 16. ACTIONS FOR INDEMNITY, AND FINES AND PENALTIES AND THEIE. PROSECUTION. 83. All suits for indemnity for any damage or injury Limitjtion of sustained by reason of the Eailway, shall be instituted with- 4am°a'ge3°'^ in six months next after the time of such supposed damage sustained, or if there be continuation of damage, then within six months next after the doing or committing such damage ceases, and not afterwards; and the defendants may plead the general issue and give this Act and the Special Act and the special matter in evidence at any trial to be had thereupon, and may prove that the same was done in pur- suance of and by authority of this Act and the Special Act. 14-15 Y., c. 51, s. 20. 84. Every person who, by any means or in any manner Penalty on or way whatsoever, obstructs or interrupts the free use of struotiii?free the Eailway, or the carriages, vessels, engines or other works use of rail- incidental or relative thereto, or connected therewith, shall ^^J' be guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment in the common gaol of the District or County where the conviction takes place, or in the Provincial Penitentiary, for a term not to exceed five years. 14-15 V., c. 51, s. 20. 85. AH persons wilfully and maliciously, and to the pre- Penalty on judice of the Eailway, breaking, throwing down, damaging ^^g"r^i™" or destroying the same or any part thereof, or any of the way. buildings, stations, depots, wharves, vessels, fixtures, ma- chinery 01 other works or devices incidental and relative thereto or connected therewith, or doing any other wilful hurt or mischief, or wilfully or maliciously obstructing or interrupting the free use of the Eailway, vessels or works, or obstructing, hindering, or preventing the carrying on, completing, supporting and maintaining the Eailway, ves- sels or works, shall be guilty of a misdenieanor, unless the ofience committed amounts, under some other Act or law, to a felony, in which case such person shall be guilty of a felony, and the Court by and before whom the person is tried and convicted, may cause such person to be punished 13Y 29 Chap. 66. Railways. 22 VrCT. Fines, how- recovered. How appli- able. in like manner as persons guilty of misdemeanor or felony (as the case may be) are directed to be punished by the laws in force in this Province. 14-15 Y., c. 51, s. 20. 86. All fines and forfeitures imposed by this Act or the Special Act, or by any By-law, the levying and recovering of which are not particularly herein directed, shall, upon proof of the ofience before any one or more Justice or Jus- tices of the Peace for the District, County or place where the act occurred, either by the confession of the party, or by the oath or aifirmation of any one credible witness, to be ad- ministered without fee or reward, be levied by distress and sale of the offender's goods and chattels, by warrant under the hand and seal or hands and seals of such Justice or Jus- tices. 14-15 v., c. 51, s. 20. 87. All fines, forfeitures and penalties, the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the Treasurer of the Company, to be applied to the use thereof, and the overplus of the money so raised, after deducting the penalty and the expenses of the levying and recovering thereof, shall be returned to the owner of the goods so distrained and sold. 14-15 V., c. 51, s. 20. When party may be com- mitted. Appeal. Contraven- tion of this Act, &c. , to t)e a misde- meanor. S8. In case sufiicient gaods and chattels whereof to levy the penalty and expense, are not found, the offender shall be sent to the common gaol for the County or District in which he has been convicted, there to remain without bail or mainprize, for such term, not exceeding one month, as the Justice or Justices think proper, unless the penalty or forfeiture, and all expenses attending the same, be sooner paid and satisfied. 8?l. Every such person or persons may, within four months aTter the conviction, appeal against the same to the Court of Greneral Quarter Sessions, to be holden in and for the County or District. 14-15 Y., c. 51, s. 20. 90. All contraventions of this Act or of the Special Act, by the Company or by any other party, for which no punish- ment or penalty is herein provided, shall be amisdeameanor, and shall be punishable accordingly ; but such punishment shall not exempt the Company, if they be the offending party, from the forfeiture by this Act and the Special Act, of the privileges conferred on them by the said Acts, if by the provisions thereof or by law, the same be forfeited by such contravention. 14-15 Y., c. 51, s. 20. IV. BY-LAWS — NOTICES, &C. By-laws to be ttl. All By-laws. Rules and Orders regularly made, shall Fne'^nd sien ^e put into Writing and signed by the Chairman or person ^ ^ 138 1859, Railways. Cnap. 66. 80 presiding at the meeting at which they are adopted, and ed by chair- shall be kept in the office of the Company ; and a printed "'°'°' copy of so much of them as relates to or affects any party other than the members or servants of the Company, shall be affixed openly in all and every passenger car, and in all and every place where tolls are to be gathered, and in like manner so often as any change or alteration is made to the same ; and any copy of the same, or of any of them, certified as correct by the President or Secretary, shall be deemed authentic, and shall be received as evidence thereof in any Court, without further proof. 14-15 V., c. 51, s. 20, No. 6. 92. All such By-laws, Rules and Orders shall be sub- By-laws to be mitted from time to time to the Grovernor, for approval. (jo™mor *° 14-15 v., c. 61, s. 20. 93. Copies of the minutes of proceedings and resolutions Copies of of the shareholders of the Company, at any general or '^lf^f}aci^^ special meeting, and of the minutes of proceedings and evidence. resolutions of the Directors, at their meetings, extracted from the minute-books kept by the Secretary of the Company and by him certiiied to be true copies extracted from such minute-books, shall he primd facie evidence of such proceed- ings and resolutions in all Courts of civil jurisdiction. 94. AH notices a-iven bv the Secretary of the Company, Notices by by order of the Directors, shall be deemed notices by the valid. ' Directors and Company. 14-15 V., c. 51, s. 20. 18. WORKING OP THE RAILWAY. 95. Every servant of the undertaking employed in a pas- SerTanta to senger train or at a station for passengers, shall wear upon his hat or cap a badge, which shall indicate his office, and he shall not without such badge be entitled to demand or receive from any passenger any fare or ticket, or to exercise any of the powers of his office, nor meddle or interfere with any passenger or his baggage or property. 14-15 V., c. 51, s. 21. 96. The trains shall start and run at regular hours to be Trains to start fixed by public notice, and shall furnish sufficient accom- ^ourf"'^"^^ modation for the transportation of all such passengers and goods as are within a reasonable time previous thereto offered for transportation at the place of starting, and at the junctions of other Eailways and at usual stopping places established for receiving and discharging way-passengers and'goods from the trains. 14-15 Y., c. 61, s. 21. 97. Such passengers and goods shall be taken, transported Passengers and discharged, at, from, and to such places, on the due pay- be carried on ment of the toll, freight or fare lesrallv authorized therefor, payment of 14-15 v., C. 51, S .21 fareorfreight. 139 31 Chap. 66. Railways. 22 Vict. r'^hi "^f^P^^y ®** The party aggrieved, by any neglect or refusal in the gleet or le-^' Premises, shall have an action therefor against the Com- fasai. pany. 14-15 Y., c. 51, s. 21. Checks to be fixed on par- cels. 99. Checks shall be affixed by an agent or servant to every parcel of baggage having a handle, loop or fixture of any kind thereupon, and a duplicate of such check shall be given to the passenger delivering the same. 14—15 V., c. 51, s. 21. Penalty for refusing to give checks. lOO. If such check be refused on demand, the Company shall pay to such passenger the sum of eight dollars, to be recovered in a civil action ; and further, no fare or toll shall be collected or received from such passenger, and if he has paid his fare, the same shall be refunded by the conductor in charge of the train. 14^15 V., c. 51, s. 21. Passenger a lOl. Any passenger producing sUch check, may himself own behalf. ' be a witness in any suit brought by him against the Com- pany, to prove the contents and value of his baggage not delivered to him. 14-15 V., c, 51, s. 21, 102. The baggage, freight, merchandize or lumber cars shall not be placed in rear of the passenger cars, and if any such be so placed, the officer or agent directing or knowingly suffering such arrangement, and the conductor of the train, shall severally be guilty of a misdemeanor, and be punished accordingly. 14-15 V., c. 51, s. 21. ?e cars not to be in rear of pas- senger cars. LocomotiTes 103. Every locomotive engine shall be furnished with a oreteam bell of at least thirty pounds weight, or with a steam whistles. whistle. 14-15 V-, c. 51, s. 21. To be rung or sounded at every cross- ing, &c. 104. The bell shall be rung, or the whistle sounded at the distance of at least eighty rods from every place where the Railway crosses any highway, and be kept ringing or be sounded at short intervals, until the engine has crossed such highway, under a penalty of eight dollars for every neglect thereof, to be paid by the Company, who shall also be liable for all damages sustained by any person by reason of such neglect, one half of which penalty and damages shall be chargeable to and collected by the Company from the engineer having charge of such engine and neglecting to sound the whistle or ring the bell as aforesaid. 11-15 V., c. 51, s. 21. Intoxication 105. All persons in charge of a locomotive engine, or misdemeaMr^ acting as the couductor of a car or train of cars, who is intoxicated shall be deemed guilty of a misdemeanor. 14-15 V, c. 51, s. 21. Passenger re- 106. Any passenger refusing to pay his fare, and his fare'may'br^ baggage, may, by the conductor of the train, and the serv- put out. 140 1859. Raihvays. Chap. 66. 32 ants of the Company, be put out of the cars at any usual stopping place, or near any dwelling house, as the conductor elects, the conductor iirst stopping the train and using no unnecessary force. 14-15 V., c. 51, s. 21. 107. Any passenger injured while on the platform of a Passengers to car, or on any baggage, wood, or freight car, in violation of !l''7^.°° ^^^™ the printed regulations posted up at the time in a conspicu- when oa piat- ous place inside of the passenger cars then in the train, shall 'o'™ °^ '^^''s. have no claim for the injuVy, provided room inside of such passenger cars, sufficient for the proper accommodation of the passengers, was furnished at the time. 14-15 V.,c. 51, s. 21. 19. GENERAL PROVISIONS. 108. The Company shall not be bound to see to the exe- Company not cution of any trust, whether express, implied or constructive, to exeratira to which any of the shares may be subject ; and the receipt of trusts. of the party in whose name any share stands in the books of the 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 suffi- cient discharge to the Company for any dividend or other sum of money payable in respect to the share, notwithstand- ing any trust to which the share may then be subject, and whether or not the Company have had notice of the trusts, and the Company shall not be bound to see to the applica- tion of the money paid upon such receipts. 14-15 V., c. 51, S.22. 109. Her Majesty's Mail, Her Majesty's Nay al or Military Provision as Forces or Militia, and all artillery, ammunition, provisions age of Her" or other stores for their use, and all policemen, constables Majesty's and others travelling on Her Majesty's service, shall, at all ™^'^' ^'^' times, when thereunto required by Her Majesty's Provincial Postmaster Greneral, the Commander of the Forces, or any person having the superintendence or command of any Police Force, and with the whole resources of the Company if required, be carried on the Railway, on such terms and conditions, and under such regulations as the Grovernor in ■Council makes. 14-15 V., c. 51, s. 22,-12 V., c. 28, s. 1. 110. The Governor, or any person thereunto authorized by him, may require the Company to place any electric telegraph, .and the apparatus and operators they may have, at the exclusive use of the Grovernment, receiving thereafter reasonable compensation for such service. 14-15 Y., c. 51, s.22. Ill* Any further enactments which the Legislature of this Province may hereafter make, for the carriage of the Mail or Her Majesty's Forces, and other persons and articles 141 S3 Chap. 66. Railways. 22 ViCT. as aforesaid, or the tolls therefor, or in any way respecting the use of any electric telegraph, or other service to be rendered to the GrOTernment, shall not be deemed an infringe- ment of the privileges intended to be conferred by this Act or the Special Act. 14-15 V., c. 51, s. 22. Account of 112. A true and perfect accoun,t of the names and places re^sWence of of abode of the several shareholders shall be entered in a shareholders book to be kept foT that purposc, as well as of the several to e apt. persons who from time to time become proprietors of, or entitled to any shares therein, and of all the other acts, pro- ceedings and transactions of the Company and of the Direc- tors for the time being. 14-15 V., c. 51, s. 22. Map, &c., of 113. A map and profile of the completed Railway and of ffled^m'the ^^ ^^® ^^nd taken or obtained for the use thereof, shall, within Board of a reasonable time after completion of the undertaking, be Works Office, j-j^^de and filed in the oJGB.ce of the Coinmissioners of Public Works, and like maps of the parts thereof located in difierent Countiies, shall be filed in the Registry Offices for the Counties in which such parts are respectively situate. 14—15 V., c. 51, s. 22. On what scale 114. Evcry such map shall be drawn on such a scale, and be drawn^ ° OH such paper, as may from time to time be designated for that purpose by the Chief Commissioner of Public Works, and shall be certified and signed by the i 'resident or Eng- ineer of the Corporation. 14-15 V-, c. 51, s. 22. Account to be 115. After the opening of the Railway or any part thereof LegTsiature° ^° *^® public, and within the first fifteen days after the open- ing of each Session of the Provincial Parliament, an account shall be annually submitted to the three branches of the Legislature, containing a ^detailed and particular, account, attested upon oath of the President, or in his absence of the Vice-President, of the moneys received and expended by the Company, and a classified statement of the passengers and goods transported by them, with an attested copy of the last annual statement. 14^15 V., c. 51, s. 22. Variation in 116. No further provisions which the Legislature may may be m&ii. hereafter make with regard to the form or details of such account, or the mode of attesting or rendering the same, shall be deemed an infringement of the privileges hereby granted to the Company. 14-16 V., c. 51, s. 22. Ten per cent. 117. If the Construction of the Railway be not commenced, witibinThree ^^^ *®^ P®''' ocut. ou the amount of the capital be not ex- years from pended thereon, within three years after the passing of the ' Act Special Act, or if the Railway is not finished and put in operation in ten years from the passing of such Special Act, the corporate existence and powers of the Company shall cease.- 14-15 V., c. 51, s. 22. 142 passing special Act. 1859. Jiailways. Chap. 66. 34 , 118. Tlie Legislature of this Province may, from time to when^Pariia- time, reduce the tolls upon the railway, but not without ™„°e toS ot consent of the Company, or so as to produce less than fifteen railways. per cent, per annum profit on the capital actually expended in its construction ; nor unless, on an examination made by the Commissioners of Public Works of the amount received and expended by the company, the net income from all sources, for the year then last passed, is found to have exceeded fifteen per cent, upon the capital so actually expended. Ibid. 119. No person shall be entitled to carry or to require the As to goods of company to carry upon their railway, aqua fortis, oil of n^tu're?'^"'^^ vitrei, gunpowder, lu'cifer matches, or any other goods which, in the judgment of the company, may be of a dangerous nature ; and if any person sends by the said rail- way any such goods without, at the time of so sending the said goods, distinctly marking their nature on the outside of the package containing the same, and otherwise giving notice in writing to the book-keeper or other servant of the company with whom the same are left, he shall forfeit to the company the sum of twenty dollars for every such offence. Ibid. 130. The company may refuse to take any package or Dangerous parcel which they suspect to contain goods of a dangerous fe°fuse ™^'' nature, or may reqtiire the same to be opened to ascertain the fact. Ibid. 121. The offence of forging any debentures or a coupon of ?°^P'^^ ^^ any debenture issued under the authority of this Act or of deemed ' the Special Act, or of uttering any such debenture or coupon, felony. knowing the same to be forged, or of being accessory before or after the fact to any such offence, shall be deemed felony, and be punished accordingly. Ibid. 103. The company shall make and keep in repair all Company fences, roads and water courses, and be subject to all muni- ^ake^an'd cipal regulations and provisions in respect thereof in or for repair fences, lands belonging to or held by the company, and subject to l'o^'&c*'' ^ any such regulations, or to any charges, public, municipal or local, as the case may be, in any county, parish or town- ship in Lower Canada through which the railway passes ; and the company may, in default or contravention thereof, be prosecuted therefor by the officers of the municipality, before the Commissioners' Court or Circuit Court within the jurisdiction of which such fence, road or water course may be, and the service of the summons upon any clerk or officer in charge of the section of the railway within the said jurisdiction, or at the nearest depot of the railway, shall be good service upon the company. Ibid. 143 S5 Chap. 66. Railways. 21 ViCT. Special Actto 123- Everv Special Eailway Act shall be a Public Act. be a Public J ^ Act. And .may dis- 124. The Legislature may at any time annul or dissolve solve any cor- any corporation formed under this Act ; but such dissolution Form*ed\nder shall not take away or impair any remedy given against this Act. any such corporation, its shareholders, officers or servants, for any liability which had been previously incurred. Ibid. Saving of Her 125. Nothing herein Contained shall affect in any man- ri|itef&c. Her the rights of Her Majesty, or of any person, or of any body politic, corporate or collegiate, such only excepted as are herein mentioned. Ibid. 126. No amendment or alteration in this Act shall be held to be an infringement of the rights of any company authorized to construct a railway by any Act passed on or since the 30th of August, 1851, or by any Act of this or any future Session with which this Act is incorporated. 14-15 V., c. 51, s. 22. GENEEAL PBOVISIONS EOR ALL RAILWAYS. interpreta- 127. Unless otherwise provided, the following sections *°''" shall apply to every Eailway made or to be made in this Province. 16 V., c, 169, s. 10. 20. POWERS. Any railway 128. Any incorporated Railway Company may construct construct ™^^ a branch or branches not exceeding six miles in length from branch rail- any tcrminus or station of the E-ailway of such Company, tam^con^ '^^^' whenever a By-law sanctioning the same has been passed •ditions. by the Municipal Council of the Municipality within the limits of which such proposed branch is situate, and no such branch shall, as to the quality and construction of the road, be subject to any of the restrictions contained in the Special Act of incorporation of such Company or in this Act, nor shall any thing in either of the said Acts authorize any Company to take for such branch any lands belonging to any party without the consent of such party first obtained. 16 v., c. 169, s. 9. Changes may 129. Any Eailway Company desiring at any time to iSi™of a"raii- change the location of its line of Eailway in any particular way at any part for the purpose of lessening a curve, reducing a gradient, tain purposes' ^r otherwise benefiting such line of Eailway, or for any other purpose of public advantage, may make such change ; and all and every the clauses of this Act shall refer as fully to the part of any such line of Eailway so at any time changed or proposed to be changed as to the original line ; but no Eailway Company shall have any right to extend its line of Eailway beyond the termini mentioned in the Act incorporating such Company. 22 V.,'(1858) c. 4, s. 2. 144 1859. Railways. Chap. 66. 36 ISO. No Eailway Company shall avail itself of any of But not with- the powers contained in tlie fifteenth sub-section of the tio/to'thir" ninth section of this Act without application to the Board Board of Raii- of Eailway Commissioners, constituted by the one hundred ^omers."™™'^" and seventy-eighth section of this Act, of which application notice in writing shall be given to_ any other Railway affected, by sending the same by mail, or otherwise, to the address of the -President, Superintendent, Managing Direc- tor or Secretary of any such Eailway Company, for ap- proval, of the mode of crossing, union or intersection pro- posed ; and when such approval has been obtained, it shall be lawful for either Railway, in case of disagreement as to the amount to be paid for compensation, to proceed for such compensation as provided in the said sub-section. 22 V., c. 4, s. 2,-14-15 v., c. 51, s. 9, No. 15. 131. The Directors of any Railway Company may at any One company- time, and from time to time, make and enter into anv -agree- ™?;?^^''^1 ment or arrangement with any other Company, either in respecting this Province or elsewhere, for the regulation and inter- traffic. change of traffic passing to and from the Railways of the said Companies, and for the working of the traffic over the said Railways respectively, or for either of those objects separately, and for the division and apportionment of tolls, rates and charges in respect of such traffic, and generally in relation to the management and working of the Rail- ways, or any of them, or any part thereof, and of any Rail- way or Railways in connection therewith, for any term not exceeding tw^enty-one years, and to provide, either by proxy •or otherwise, for the appointment of a Joint Comnaittee or Committees for the better carrying into effect any such agreement or arrangement, with such powers and functions as maybe considered necessary or expedient, subject to the consent of two thirds of the stockholders voting in person •or by proxy. 22 V., c. 4, s. 2. • 13S. The provisions of the three last sections of this Act Application of shall, from the time it takes effect applv to everv Railwav ^^^J'^'^^^ i^^* made or to be made in this Province, but shall not ajDply to any thing done before the thirtieth of June, one thousand €ight hundred and fifty-eight. 22 V., c. 4, s. 2. 21. LANDS AND THEIR VALUATION. 133. No Railway Company shall take possession of, use Conditions or occupy any lands vested in Her Majesty, without the °° '^^'^'^^ *« consent of the Governor in Council ; but with such consent carry^'thei™^''^ .any such Company may take and appropriate for the use of rail-way across their Railway and works, but not alienate, so much of the rW^rs'^or^Aav- wild lands of the Crown lying on the route of the said igabie -srater. Railway, as have not been granted or sold, and as may be necessary for their Railway, as also so much of the land 10 145 37 Chap. 66. Railways. 22 VtCT. Ground ad- joining any railway and belonging to the company to be laid down with grass and cleared of weeds, &c. covered with the waters of any lake, river, stream or canal, or of their respective beds, as is necessary for making- and completing and using their said Railway and Works ; but nothing in this section contained, shall apply to the thirty and thirty-first paragraphs of the eleventh section of this Act. 16 v., c. 169, s. 8. 22. KAILWAY GKOUNDS TO BE KEPT IN ORDER. 134. Every Railway Company, whether any of the clauses or provisions of this Act be or be not incorporated with the Act incorporating such Company, shall cause all cleared land or ground adjoining their Railway and belong- ing to such Company, to be sown or laid down with grass or turf, and cause the same so far as may be in their power to be covered with grass or turf, if not already so covered, and cause all thistles and other noxious weeds growing on such land or ground, to be cut down and kept constantly cut down or to be rooted out of the same. 16 Y., c. 169, s. 7. Consequences 135. If any Railway Company fails to comply with the do so!'"'°^ *° requirements of the last preceding section within twenty days after they have been required to comply with the same, by notice from the Mayor, Reeve, or Chief Officer of the Municipality of the Township or County in which the land or ground lies, such Company shall thereby incur a pen- alty of two dollars to the use of the Municipality for each day during which they neglect to do anything which they are lawfully required to do by such notice ; and the said Mayor, Reeve or Officer may cause all things to be done which the said Company were lawfully required to do by such notice, and for that purpose may enter by himself and his assistants or workmen upon such lands or grounds ; and such Municipality may recover the expenses and charges incurred in so doing, and the said penalty with costs of suit, in any Court having jurisdiction in civil cases to the amount sought to be recovered. 16 V., c. 169, s. 7. 23. HIGHWAYS AND BRIDGES. Not to impede 136. No such Company shall cause any obstruction in or nariga ion. i)]ipg(je the free navigation of any river, stream or canal to or across c. 169, s. or along which their Railway is carried. 16 V., Railways crossing rivers, &c., regulated. 137. If the Railway be carried across any navigable river or canal, the Company shall leave openings between the abutments or piers of their bridge or viaduct over the same, and shall make the same of such clear height above the surface of the water, or shall construct such draw bridge or swing bridge over the channel of the river, or over the whole width of the canal, and shall be subject to such regu- 146 1859, Railways. Chap. 66. 38 lations as to the opening of such swing bridge or draw bridge as the Governor in Council from time to time makes. 16 v., 0. 169, s. 8. 138. It shall not be lawful for any such Company topianstobe construct any wharf, bridge, pier or other work upon or over the^GoTernor any navigable river, lake or canal, or upon the beach or bed in Council. or lands covered with the waters thereof, until they have first submitted the plan and proposed site of such work to the G-overnor in Council, and the same has been by him approved ; and no deviation from such approved site and plan shall be made without his consent. 16 V., c. 169, s. 8. Ante s. 9, No. 3. 139. Nothing contained in the one hundred and thirty- Exception third, one hundred and thirty-sixth, one hundred and thirty- po^era^ glve^n seventh and one hundred and thirty-eighth sections, or in by the Special the thirtieth and thirty-first paragraphs of the eleventh -'^''*- section of this Act, shall be construed to limit or affect any power expressly given to any Railway Company by its Special Act of Incorporation, or any Special Act amending the same. 16 V., c. 169, s. 8. 140. The Grovernor in Council, upon the report of the Governormay Board of Railway Commissioners, may authorize or require nent'^b^ld^eT any Railway Company to construct fixed and permanent to be subati- bridges or to substitute such bridges in the place of the swing, abieliridgeT" draw or movable bridges, on the line of such Railway, within such time as the G-overnor in Council directs ; and for every day after the period so fixed during w^hich the Company uses such swing, draw or movable bridges, the Company shall forfeit and pay to Her Majesty the sum of two hundred dollars ; and it shall not be lawful for any Railway Company to substitute any swing, draw or other movable bridge in the place or stead of any fixed or permanent bridge already built and constructed, without the consent of the Governor in Council previously had and obtained. 20 Y., c. 12, s. 7. 141. In any case where a Railway commenced after the Certain 2'7th May, ISST, is constructed or authorized to be con- powers vested structed across any turnpike road, street or other public CommirsiL- * highway, on the level, the Board of Railway Commissioners, ^"^S' '^it'^ ^^- if it appears to them necessary for the public safety, may, fng'^pubii™^^' with the sanction of the G-overnor in Council, authorize and Mghways oa require the Company to whom such Railway belongs, within ^ ^^^^^' such time as the said Board directs, to carry such road, street or highway either over or under the said 'Railway, by means of a bridge or arch, instead of crossing the same on the level, or to execute such other works as under the circumstances of the case appear to the said Board the best adapted for removing or diminishing the danger arising from such level crossing ; and all the provisions of law at any such time 39 Chap. 66. Railways. 22 ViCT. applicable to the taking of land by Railway Companies and its valuation and conveyance to them, and to the compensa- tion therefor, shall apply to the case of any land required for the construction of any works for effecting the alteration of such level crossing. 20 V., c. 12, s. 11. Purtiierpre- 142. Every Eailway Company shall station an officer at cautions at le- •j.xi-t j i it_ j.i vel crossings, every point on their line crossed on a level by any other Eailway, and no train shall proceed over such crossing until signal has been made to the conductor thereof that the way is clear. 20 V., c. 12, s. 11. Further pie- 143. Everv locomotive or Eailwav engine or train of cautions when -r> -i i. n i. j? -j. j.i j. i i- one railway cars, on any Eailway, shall, beiore it crosses the track oi crosses an- a^y other Eailway on a level, be stopped for at least the levels space of three minutes. 20 V., c. 12, s. 11. Or runs 144. No locomotive or Eailway engine shall pass in or cit™,\^wn, through any thickly peopled portion of any City, Town *o- or Village at a speed greater than six miles per hour, unless the track is properly fenced. 20 V-, c. 12, s. 11. vlv™^^^ '■''" 145. "Whenever any train of cars is moving reversely in any City, Town or Village, the locomotive being in the rear, the Company shall station on the last car in the train a per- son who shall warn parties, standing on or crossing the track of such Eailway, of the approach of such train, under a penalty of one hundred dollars for any contravention of the above provisions. 20 V-, c. 12. s. 11. Foot passen- 146. If the Board of Eailway Commissioners order any foot-bridge, if Eailway Company to erect at or near or in lieu of any provided for level crossing of a turnpike road, or other public highway, at^iev^/cross- ^ foot-bridge or foot-bridges over their Eailway for the inga- purpose of enabling persons passing on foot along such turnpike road or public highway to cross the Eailway by means of such bridge or bridges, then, from and after the completion of such foot-bridge or foot-bridges so required to be erected, and while the Company keeps the same in good and sufficient repair, such level crossing shall not be used by foot passengers on the said turnpike road or public highway, except during the time when the same is used for the passage of carriages, carts, horses or cattle along the said road. 20 V., c. 12, s. 12. No cattle to 147. No horses, sheep, swine or other cattle, shall be be aUaTge OQ peTmitted to be at large upon any highway within -a half any highway mile of the intersection of such highway with any Eailway mile'of Iny ^ ^^ grade, unless such cattle are in charge of some person or railway. persons to prevent their loitering or stopping on such high- way at such intersection. 20 V., c. 12, s. 16. 148 1859. Railways. Chap. 66. 40 14S. All cattle found at large in contravention of the Such cattle last preceding section may, by any person finding the same poinded™" at large, be impounded in the nearest pound to the place where the same are so found, and the pound-keeper with whom the same are so impounded shall detain the same in the like manner, and subject to the like regulations as to the care and disposal thereof, as in the case of cattle impounded for trespass on private property. 20 V., c. 12, s. 16. 14f>. No person, any of whose cattle being at large, con- if killed, trary to the provisions of the section aforesaid, are killed by yued^o'any'' any train at such point of intersection, shall have any action action, against any Railway Company in respect to the same being so killed. 20 V., c. 12, s. 16. 150. At every road and farm crossing on the grade of the Crossings to Railways in this Province, the crossing shall be sufficiently ^^^^'^^^°- fenced on both sides of such points, so as to allow the safe passage of the trains. 20 V. c. 12, s. 18. 24. BY-LAWS REGULATING TOLLS. 151. The By-laws of every Railroad Company regulating By-laws im- the tolls to be taken on such road, in the Special Act res- be^approTed ° pecting which a provision has been inserted that such Rail- by the Gover- road should be subject to the provisions of any general "^''° °^^' Act relating to Railroads, shall be subject to the approval of the G-overnor in Council, and no By-law of any Railroad or Railway Company in this Province by which any tolls are to be imposed or altered, or by which any party other than the members, officers and servants of the Company are intended to be bound, shall have any force or effect until the same has been approved and sanctioned by the Grover- nor in Council. 10-11 V., c. 63, s. 14,-12 Y., c. 28, s. 2. 25. PENAL CLAUSES. 152. If any person wilfully and maliciously displaces or Punishment removes any Railway switch or rail of any Railroad, or'^oPfg^°°y breaks down, rips up, injures or destroys any Railroad track thing to raii- or Railroad bridge or fence of any Railroad, or any portion ^^{ ^^hiWe thereof, or places any obstruction whatsoever on any such persons or rail or Railroad track or bridge, with intent thereby to in- pi^opeitr- jure any person or property passing over or along such Railroad, or to endanger human life, such person shall be guilty* of misdemeanor, and shall be punished by imprison- ment with hard labor in the common gaol of the Territorial Division in which such offence is committed or tried, for any period not exceeding one year from conviction thereof ; and ii in consequence of such act done with the intent afore- And if such said, any person so passing over and along such Railroad, actuaUydone actually suffers any bodily harm, or if any property passing 149 41 Chap. 66. Railways. 22 ViCT. over and along, such Eailroad be injured, such suflfering or injury shall be an aggravation of the offence, and shall render the offence a felony, and shall subject the offender to punishment by imprisonment in the Penitentiary for two years or in any other prison or place of confinement for any period exceeding one year and less than two years. 16 Y., c. 169, s. 1. And if any 153. If any person wilfully and maliciously displaces or MiTed oAis removes any Eailway switch or rail of any Railroad, or life 1)6 lo3t, breaks down, rips up, injures or destroys any Eailroad he man- track or Eailroad bridge or fence of any Eailroad or any slaughter. portion thereof, or places any obstruction whatever on any such rail or Eailroad track or bridge, or does or causes to be done any act whatever whereby any engine, machine or structure, or a,ny matter or thing appertaining thereto is stopped, obstructed, impaired, weakened, injured or des- troyed, with intent thereby to injure any person or property passing over or along such Eailroad, and if in consequence thereof any person be killed or his life be lost, such person Puniehment. SO offending shall be guilty of manslaughter, and being found guilty, shall be punished by imprisonment in the Peni- tentiary for any period not more than ten nor less than four years. 16 Y., c. 169, s. 2. c ommitting 154. If any person wilfully and maliciously does or causes Eto^pa'gef&c., ^° be done, any act whatever whereby any buildilig, fence, to be a misde- construction or work of any Eailroad, or any engine, machine meanor. ^^ structure of any Eailroad, or any matter or thing ' apper- taining to the same is stopped, obstructed, impaired, weak- ened, injured or destroyed, the person so offending shall be guilty of a misdemeanor, and be punished by imprisonment with hard labor not exceeding one year, in the common gaol of the Territorial Division in which the offence was committed or has been tried. 16 Y., c. 169, s. 3. Punishment 155. Every person wilfully obstructing any Eailway Btraot^g^ °^' Inspector in the execution of his duty shall, on conviction inspectors in before a Justice of the Peace having jurisdiction in the place of\heirduty° "where the offence has been committed, forfeit and pay for every such offence any sum not exceeding forty dollars, and in default of ' payment of any penalty so adjudged, immediately, or within such time as the said Justice of the Peace appoints, the same Justice, or any other Justice having jurisdiction in the place where the offender resides, may commit the offender to prison for any period not exceed- . ing three months ; but such commitment shall be deter- mined on payment of the amount of the penalty ; and every such penalty shall be returned to the next ensuing Court of Quarter Sessions in the usual manner. 20 Y., c. 12, s. 3. 150 1859. Railways. Chap. 66, 42 136. Every Eailway Company shall, as soon as possiblp Company to after the receipt of any order or notice of the Board of Rail- of Bdard toits way Commissioners, give cognizance thereof to each of its officers, &c. officers and servants, in one or more of the ways mentioned in the one hundred and sixty- third section of this Act. 20 V., 0. 12, s. 16. 157. All. orders of the said Board of Railway Commis- What to be sioners shall be considered as made known to the said Rail- cfe^™n^ot^^' way Company by a notice thereof signed by the Chairman thereof. and countersigned by the Secretary of the said Board, and delivered to the President, Yice-President, Managing Direc- tor, Secretary or Superintendent of the said Company, or at the office of the said Company. 20 V., c. 12, s. 15. 158. If any officer or servant of, or person employed by Punishmeat any Railway Company, wilfully or negligently contravenes con^avenfng any By-law or Regulation of the Company lawfully made by-laws, &c. and in force, or any order or notice of the Board of Rail- way Commissioners, and of which a copy has been delivered to him, or has been posted up or open to his inspection in some place where his work or his duties, or any of them are to be performed, then if such contravention causes injury to any property or to any person, or exposes any property or any person to the risk of injury, or renders such risk greater than it would have been without such contravention, although no actual injury occurs, such contravention shall be a misdemeanor, and the person convicted thereof shall, in the discretion of the Court before whom the conviction is had, and according as such Court considers the offence proved to be more or less grave, or the injury or risk of in- jury to person or property to be more or less great, be pun- ished by fine or im.prisonment, or both, so as no such fine exceeds four hundred dollars, nor any such imprisonment the term of five years ; and such imprisonment, if for two years or upwards, shall be in the Provincial Penitentiary. 19-20 v., c. 11, s. 1. 159. If such contravention does not cause injury to any Penalty. property or person, nor expose any person or property to the risk of injury, nor make such risk greater than it would have been without such contravention, then the officer, servant or other person guilty thereof shall thereby incur a penalty not exceeding the amount of thirty days', pay, nor less than fifteen days' pay of the offender from the Company, in the discretion of the Justice of the Peace before whom the con- viction is had ; and such penalty shall be recoverable with costs before any one Justice of the Peace having jurisdiction w^here the offence has been committed, or where the offender is found, on the oath of one credible witness other than the informer. 19-20 Y., c. 11, s. 1. 151 43 Chap, 66. Railways. 22 ViCT. Application 160. Oue moiety of such penalty shall belong to Her °^' Majesty for the public uses of the Province, and the other moiety to the informer, unless he be an officer or servant of, or person in the employ of the Company, in which case he shall be a competent witness and the whole penalty shall belong to Her Majesty for the uses aforesaid. 19-20 V., c. 11, s. 1. The company 161. The Company may in all cases under this Act pay ™en^Sy^and ^^^ amount of the penalty and costs, and recover the samfr deduct from from the offender or deduct it from his salary or pay. 19-20 V., ^^s^^- c. 11, s. 1. Company 162. Any Eailway Company may by a By-law impose ™e^^it?^°f ^r iiP°^ ^y officer, servant, or person who before the contra- contravention vention of such By-law has had notice thereof and is of by-laws, employed by the Company, a forfeiture to the Company of not less than thirty days' pay of such officer or servant, for any contravention of such By-law, and may retain any such. forfeiture out of the salary or wagei^ of the offender. 19-20 V., c. 11, s. 2. How notice of 163. The notice of the By-law, or of ap.y order or notice- orderrmay be ^^ *^^ Board of Eailway Commissioners may be proved by proved. proving the delivery of a copy thereof to the officer, servant or person, or that he signed a copy thereof, or that a copy thereof was posted in some place where his work or his duties- or some of them were to be performed. 19-20 V., c. 11, s. 2. When such 164. Such proof, with a proof of the contravention, shall be°adefeQce*° ^® ^ ^^^ answer and defence for the Company in any suit for the com- for the recovery from it of the amount so retained, and such pany. forfeiture shall be over and above any penalty under the preceding sections number one hundred and fifty-eight to- one hundred and sixty-one. 19-20 Y., c. 11, s. 2. 26. WORKING OF THE RAILWAY. Railway not 165. No Eailway or portion of any Eailway shall be- till after one opened for the public conveyance of passengers until one month's mouth after notice in Writing of the intention to open the intention to Same has been given by the Company to whom the Eailway open the belongs to the Board of Eailway Commissioners, and until ten days after notice in writing has been given by the said Company to the said Board of Eailway Commissioners,, of the time when the said Eailway or portion of Eailway will be, in the opinion of the Company, sufficiently com- pleted for the safe conveyance of passengers, and ready for inspection. 20 V., c. 12, s. 4. Penalty 166. If any Eailway or portion of a Eailway be opened tion. " '^^^^°' without such notices, the Company to whom such Eailway 162 1859. Railways. Chap. 66. 44- belongs shall forfeit to Her Majesty the sum of two hundred dollars for every day during which the same continues open, until the said notices have been duly given and have expired. 20 V., c. 12, s. 5. 167. If the Eailway Inspector or Inspectors, after inspec- Railway tion of any Railway, report in writing to the Board of ers'upoa '""^ Eailway Commissioners that, in his or their opinion, the report of ■opening of the same would be attended with danger to the lud'^approTai public using the same, by reason of the incompleteness of of Governor the works or permanent way, or the insufficiency of the es- ^ay order^' tablishment for working such Eailway, together with the postponement ground of such opinion, the Board of Eailway Commission- road^^"^^"^^ °^ ers, with the sanction of the G-overnor in Council, and so from time to time, as often as such Inspector or Inspectors, after further inspection thereof, so reports, may order and directjihe Company to whom the Eailway belongs to post- pone such opening, not exceeding one month at any one time, until it appears to the said Board that such opening may take place without danger to the public. 20 Y., c. 12, s. 6. 16S. If any such Eailway, or any portion thereof, be Penalty for opened contrary to such order or direction of the Board of trary'^f the" Railway Commissioners, the Company to whom the Eail- o'der of the way belongs shall forfeit to Her Majesty the sum of two ^^°°i™'^^i°°- hundred dollars for every day during which the same con- tinues open contrary 'to such order or direction. 20 V , c. 12, s. 6. 169. No such order shall be binding upon any Eailway when only Company unless therewith is delivered to the Company a brbind?ng*oQ copy of the report of the Inspector or Inspectors on which the Company, the order is founded. 20 V , c. 12, s. 6. 170. In all cases where a Railroad passes any draw or ^'^'^'^ » rail- swing bridge over a navigable river, canal or stream Te^al^ng which is subject to be opened for the purposes of navigation, b"dge, &o., the trains shall in every case be stopped at least three for's minutes. minutes, to ascertain from the bridge tender that the said bridge is closed and in perfect order for pas^ng, and in default of so stopping during the full period of three minutes the said Railroad Company shall be subject to a fine or pen- alty of four hundred dollars. 16 Y., c. 169, s. 6. 171. Every Railway Company which runs trains upon Company to * the railway, for the convevance of passengers shall provide ^^^ the best J li J. -, 1 ,° . -,-S apparatus lor and cause to be used m and upon such trains such known oommunioa- apparatus and arrangements as best afford good and suffi- tion betTveeu • I j> • J- i_ • , ■ ° -, . -, conductors cient means ol immediate communication between the and engine conductors and the engine-drivers of such trains while the gto^^j^'^".,'^/"'^ trains are in motion, and good and sufficient means of disconnf cting applying, by the power of the steam-engine or otherwise at ''^'^?' ?'^™s lod • *■„ 45 Chap. 66. Railways. 22 Vict. the will of the engine-driver, or other person appointed to such duty, the brakes to the truck-wheels of the locomotive or tender, or both, or of all or any of the cars or carriages composing the trains, and of disconnecting the locomotive, tender, and cars or carriages from each other by any such power or means, and also such apparatus and arrangements as best and most securely place and fix the seats or chairs in the cars or carriages, and shall alter such apparatus and arrangements or sup'ply new apparatus and arrangements from time to time as the Board of Railway Commissioners, with the sanction of the Grovernor in Council, may order. 20 T., c. 12, s. 10. Companies to 172. Every Railway Company shall make such by-laws, for regulation rules and regulations, to be observed by the conductors, ^f ^onductors engine-drivers, and other officers and servants of the Com- «ffice°s,*&c. P3.ny, and by all other Companies and persons usi»g the Railway of such Company, and such regulations with regard to the construction of the carriages and other vehicles to be used in such trains on the Railway of the Company, as are requisite for ensuring the employment and proper use of the aforesaid means of communication, application and disconnection. 20 Y., c. 12, s. 10. Penalty for 173. Every Railway Company which fails to comply fngwith'the with any of the provisions contained in the one hundred i7i3t section, and seventy -first section of this Act, shall forfeit to Her Majesty a sum not exceeding two hundred dollars for every- day during which such default continues. 20 V., c. 12, s. 10. Return of accidents to be made semi- annually. Form to be appointed by the Board of IT-f. Every Railway Company shall, within ten days after the first days of January and July, in each and every year, make to the Board of Railway Conimissioners, under the oath of the President, Secretary or Superintendent of the Company, a true and particular return of all accidents and casualties (whether to life or property) which have occurred on the Railway of the Company during the half year next preceding each of the said periods respectively, setting forth : 1. The causes and natures of such accidents and casualties ; 2. The points at which they occurred, and whether by night or by day ; 3. The full extent thereof, and all particulars of the same ; and 4. Shall also at the same time return a true copy of the existing By-laws of the Company, and of their rules and regulations for the management of the Company and of their Railway. 20 V., c. 12, s. 14. 175. The Board of Railway Commissioners may order and direct from time to time, the form in which such returns 154 1859. Railways. Chap. 66. 46 shall be made up, and may order and direct any Railway Commissioa- Company to make up and deliver to them from time to time '^'^^' in addition to the said periodical returns, returns of serious accidents occurring in the course of the public traffic upon the Railway belonging to such Company, whether attended with personal injury or not, in such form and manner as the Board deem necessary and require for their information with a view to the public safety. 20 Y., c. 12, s. 14. 176. If such returns so verified be not delivered within Penalty for the respective times herein prescribed or within fourteen °^gi'=<='- days after the same have been so required by the Board, every Company making default, shall forfeit to Her Majesty the sum of one hundred dollars, for every day during which the Company neglects to deliver the same. 20 Y., c. 12, s. 14. 177. All such returns shall be privileged communications Such returns and shall not be evidence in any Court whatsoever. 20 Y., ed Mmmun^' C. 12, S. 14. cations. 2Y. BOARD OF KAILWAY COMMISSIONEKS, THEIR DUTIES, ETC. 178. The Receiver Greneral, the Minister of Finance, the Boardof Com- missioners constituted. Commissioner of Public Works, and the Provincial Post- ^i^sioners master Greneral, shall constitute a Board of Railway Com- missioners ; and each of the said Officers shall be a Member of the said Board by virtue of his office, and so long, and so long only as he holds the same ; such one of the said Officers as the Members of the Board shall agree upon, shall be the Chairman and Official Organ of the Board, the Secretary for the Department of Public "Works shall be the Secretary of the said Board ; and any report concurred in by a majority of the Board, shall be deemed the report of the Board 14-15 Y., c. 73, s. 17.— 22 Y., c. 3. (1859.) 179. The Board of Railway Commissioners shall, in addi- Duties of. tion to their other powers and duties, have and discharge the powers and duties in this Act prescribed, and may from Jiay appoint a time to time appoint some fit and qualified person to be secretary. Secretary of the said Board in the stead of the Secretary for the Department of Public Works. 20 Y., c. 12, s. 1,-22 Y., c. 3. (1869.) 28. RAILWAY INSPECTORS, THEIR DUTIES, ETC. ISO. The Grovernor in Council may appoint and authorize Railway in- any proper person or persons, not exceeding three in num- specters. ber, whose duty it shall be from time to time to inspect all Dities of. railways constructed or in course of construction, and every person so authorized may, at all reasonable times, upon pro- ducing his authority if required, enter upon and examine the said railway and the stations, fences or gates, road 155 4*7 Chap. 66. Railways. 22 ViCT. crossings, cattle guards, works and buildings, and the engines, cars and carriages belonging thereto. 20 V., c. 12, s. 2. Companies to 18 ! . Every railway company and the officers and directors ation tcTthe™" thereof shall afford to such inspector or inspectors every inspectors, information and full and true explanations so far as may be in their power or knowledge, on all matters inquired into by any such inspector or inspectors, and submit to such inspector or inspectors all plans, specifications, drawings and documents relating to the construction or re-construc- tion, repair or state of repair of such railway or any portion thereof, whether a bridge, culvert or other part. 20 Y., c. 12, s. 2. Inspectors 182. Any such Inspector shall have the right to use the graph^^wires^" telegraph wires and machinery in the offices of or under for what pur- the control of any such railway company, for the purpose poses. q£ communicating with any of the officers of the said com- pany, or transmitting any order of any such Inspector relating to such railway. 20 V., c. 12, s. 2. Operators and 183> The Operators or officers employed in the telegraph °*^gj| of °q!^ offices of or under the control of the said Company, shall, spebtors. without unnecessary delay, obey all orders of any such In- spector for effecting such communications and transmitting messages for the purpose aforesaid, and any such operator or officer refusing or neglecting so to do, shall forfeit for every such offence the sum of forty dollars. 20 V., c. 12, s. 2, Authority of 184. The authority of any such Inspector shall be suffi- how^proved. ciently evidenced by a paper in writing nominating him an Inspector ofHailways or of any Railway in particular, signed by the Chairman of the said Board of Railway Commissioners and countersigned by the Secretary thereof 20 Y., c. 12, s. 2. When any 185. "When any bridge, culvert, viaduct, tunnel, fence, brid^e^con- road crossing, or cattle guard, or any other portion of any demnjed by railway constructed or in course of construction, or any lo- ers'and^n-"' comotive. Car or carriage used or for use on any Railway, spectorsjwhat has been. condemned on the report of an Inspector or Inspec- to be done. ^^^^^ ^^ ^j^^ Board of Railway Commissioners, with the ap- proval of the Grovernor in Council, or when any change or ■ alteration therein or in any part thereof, or the substitution of any new bridge, culvert, viaduct or tunnel, or of any mate- rial for the said Railway, has been required by the Board of Railway Commissioners with the approval of the Grovernor in Council, the Company to which such Railway belongs, or the Company using, running or controlling the same, shall, after notice thereof in writing signed by the Chairman of the said Board and countersigned by the Secretary there- of, proceed to make good or remedy the defects in the said. 156 1850. Raihoays. Chap. 66. 48 portions of the Railway, or in tlie locomotive, car or carriage, which have been so condemned, or shall make such change, alteration or substitution hereinbefore referred to as has been required in manner aforesaid by the Board. 20 V., c. 12, s. 8. 186.- If in the opinion of any such Railway Inspector, it when iuapec- is dangerous for trains or vehicles to pass over any particular b°d^t™e ra^u-' Railway, or any portion of a Railway, until alterations, sub- ningoftraina, stitutions or repairs have been made thereon, or that any par- *'^- ticular-car, carriage or locomotive should be run or used, the said Inspector may forthwith forbid the running of any train or vehicle over any such Railway or portion of Railway, or the running or using of any such car, carriage or locomotive, by delivering or causing to be delivered to the President, Managing Director, or Secretary or Superintendent of the Company owning, running, or using such Railway, or to any ofhcer having the management or control of the run- ning of trains on such Railway, a notice in writing to that effect with his reasons therefor, in which he shall distinctly point out the defects or nature of the danger to be appre- hended. 20 v., c. 12, s. 9. ISf. The said Inspector shall forthwith report the same Commis- to the said Board of Railway Commissioners, who, with the may^modify .sanction of the Grovernor in Council, may either confirm, report of in- modify or disallow the act or order of the Inspector, and such ^^^^ °^^' confirmation, modification or disallowance shall be duly notified to the Railway Company affected thereby. 20 Y., c. 12, s. 9. 188. The said Board of Railway Commissioners may, when the with the sanction of the Grovernor in Council, limit the ers may regu- number or times or rate of speed of running of trains or if-te speed, vehicles, upon such Railway or portion of Railway, until such alterations or repairs as they may think sufficient have been made, or until such time as they think prudent ; and the Company owning, running or using such railway shall comply forthwith with any such order of the said Inspector or of the said Board, upon notice thereof as aforesaid ; and Penalty for for every act of non-compliance therewith every such Rail- ance?°™^^^" way Company shall forfeit to Her Majesty the sum of two thousand dollars. 20 V., c. 12, s. 9. 189. Every Railway Company shall, as soon as possible, Notice of ac- and at least within forty-eight hours after the occurrence gj^en^to th'e^ upon the railway belonging to such Company of any acci- commission- ■dent attended with serious personal injury to any person '"" Tising the same, or whereby any bridge, culvert, viaduct or tunnel on or of the said Railway has been broken or so ■damaged as to be impassable or unfit for immediate use, give notice thereof to the Board of Railway Commissioners ; and if any Company wilfully omits to give such notice, fiuch Company shall forfeit to Her Majesty the sum of two 157 ers. 49 Chap. 66. Railways. 22 ViCT. hundred dollars for every day during which the omission to giA'^e the same continues. 20 V., c. 12, s. 13. to relieve" °°* 190- No inspection had under this Act nor any thing in Company this Act Contained or done or ordered or omitted to be done from liability, or ordered under or by virtue of the provisions of this Act, shall relieve or be construed to relieve any Railway Com- pany, of or from any liability or responsibility resting upon it by law either towards Her Majesty or towards any person, or the wife or husband, parent or child, executor or .admin- istrator, tutor or curator, heir or other personal representa- tive of any person for any thing done or omitted to be done by such Company, or for any wrongful act, neglect or default, misfeasance, malfeasance or nonfeasance of such Company, or in any manner or way to lessen such liability or responsibility, or in any way to weaken or diminish the liability or responsibility of any such Company under the existing laws of the Province. 20 V., c. 12, s. 17. 29. KAILWAY FUND. s^fitionfund *®*' ^^om the twenty-seventh of May, one thousand eight hundred and iifty-seven, every Eailway then or therfe- after constructed shall, so soon as any portion thereof is in use, pay to the Receiver Greneral an annual rate to be fixed by the Grovernor in Council, not exceeding ten dollars per mile of railway constructed and in use ; such rate to be paid half yearly on the first days of January and July in each year, and to form a special fund for the purposes of this Act, to be called " The Railway Inspection Fund." 20 v., c. 12, s. 19. 30. OEKTAIN SECTIONS LIMITED. ^^ J* *% -J ^ ®2- In the construction of the one hundred and fortieth way Com- to one hundred and fiftieth, the one hundred and fifty- pany," shall flft]i to One hundred and fifty-seventh, the one hundred and sixty-fifth to one hundred and seventy-seventh and the one hundred and seventy-ninth to one hundred and ninety-first sections of this Act, the expression " Railway Company" shall include any person being the owner or lessee of or contractor working any railway constructed or carried on under the powers of an Act of Parliament. 20 V., c. 12, s. 21. 31. HOW PENALTIES KECOVEKED AND APPLIED. How penalties 19S. All penalties incurred under any of the sections of applied* ^^ this Act in the last section referred to, except penalties under the one hundred and fifty-fifth section thereof, may be recovered in the name of Her Majesty, by Her Majesty's At- torney Q-eneral in any Court having competent jurisdiction thereover ; and all penalties recovered under the other sec- tions aforesaid, shall be paid to the Receiver General to the credit of "The Railway Inspection Fund." 20 V., c. 12, s. 20. OTTAWA: Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 158 CHAP. LXVIII. An Act respecting Joint Stock Companies to construct works to facilitate the transmission of Timber down Eivers and Streams. |_| ER Majesty, by and with the advice and consent of the ■*-*- Legislative Council and Assembly of Canada, enacts as follows : — !• Any number of persons not less than five may form Companies themselves into a Company under the provisions of this 'T'J ^lJ°'^' Act, for the purpose of acquiring or constructing and main- proTement of taining any dam, slide, pier, boom, or other work necessary rivers and to facilitate the transmission of timbet down any river or stream in this Province, and for the purpose of blasting rocks, or dredging or removing shoals or other impediments or otherwise of improving the navigation of such streams for the said purpose. 16 V. c. 19!1, s. 1, — 18 V. c. 84, s. 1. 2. Each share in the Company shall be twenty dollars, Siiares to be and shall be regarded as personal property, and shall be ^ be^personal transferable upon the books of the Company, in the manner property. provided by a By-law to be made by the Directors in that behalf 16 Y. c. 191, s. 8. 3' No such Company shall construct any such works Not to inter- over or upon or otherwise interfere with or injure any pri- f^™ with vate property or the property of the Crown, without first private pro- having obtained the consent of the owner or occupier if ""^^ '^'tiioat thereof, or of the Crown, except as hereinafter provided, tiie Crown or 16 V. C. 191, S. 1. of the owners. 4. No such Company shall be formed under the provi- Not to inter- sions- of this Act to improve any river or stream, for the im- oYhercom- provement of which any other Company has been formed panies or with either under this Act or any other Act of the Legislature, or P^lSifurcon- upon which there is constructed any Provincial work, sent. without the consent of such other Company or of the G-ov- ernor in Council respectively, which consent shall be form- ally expressed in w^riting, and shall be registered together with the instrument by which such Company has been incorporated as hereinafter provided. 16 Y. c. 191, s. 1. 159 an instrU' ment. ■2 Chap. 68. Joint Stock Co's — Transmission of Timber. 22 ViCT. Five or more 5. In case five OT more persons having formed them- scrlbed stock selves into a Company under this Act, have subscribed ■may execute stock to an amount adequate in their judgment to the con- struction of the intended work, they shall execute an instru- ment in duplicate according to the form in the Schedule to this Act ; and the Company or one of their number, or the Directors named in the said instrument, shall pay to the Treasurer of the Company six per cent, upon the amount of the Capital Stock of the Company mentioned in the said instrument, and shall register the instrument, together with a receipt from the Treasurer of the Company, for the pay- ment or instalment of six per cent., and also the approval in writing of the Commissioner of Public "Works mentioned in the tenth section of this Act. 16 V. c. 191, ss. 2, 3. vTt^b'^*"^^" **' Registration shall be made by leaving one of the orig- made. iual instruments and the receipt and approval aforesaid, with the Eegistrar of any one County in which the intended works are wholly or partly situated, or are intended to be made ; and such Registrar shall copy the said instrument, receipt and approval into a book to be provided by him for that purpose, and shall afterwards retain and file the said original documents in his oflice ; and for such registration the Eegistrar shall be entitled to charge the same fees as for the registration of the Memorial of a Deed. Ibid. ^'g^six per^" ^* -""^ ^^ cases where a Stockholder has not paid six per ceut.persiiare Cent, on the share or shares held by him, but some other d°fau^tefs°'^ party pays the same on his behalf, the party so paying may ' may recover recover the amount as a debt, in any competent Court, the amount, although not previously authorized to pay the money on behalf of such Stockholder. 16 V. c. 191, s. 2. Before works 8. Every Company before commencing any of the works re^rifto be ^ ^"- ^^^ contemplation, shall cause a Eeport to be laid before made to the the Commissioner of Public Works, and a copy of such Ee- e^rBTpubUc port before the Municipal Council of the County in which Works and to such works are proposed to be situated ; or if the works are councils'"'^^^ situate in more than one County, then before the Municipal Councils of the Counties, in or on the boundaries of which such w^orks are proposed to be situated ; or if such proposed works are in unsurveyed lands not contained within the bounds of any County, then before the Chief Commissioner of Public Works alone. 16 V. c. 191, s. 3. Contents of 9- The report shall contain — '''^P"'^'' 1. A copy of the instrument by which the Company is incorporated ; 2. A detailed description of the works to be undertaken, and an estimate of their cost ; 3 An estimate from the best available sources of the quantity of different kinds of timber expected to come down the river yearly after the works have been completed ; and 160 1859. Joint Stock Go's — Transmission of Timber. Chap. 68. 3 4. A Schedule of th^ tolls proposed to be collected. lO. The Company shall not commence any such works When worka until the approval of the Commissioner of Public Works Senc^ed."°°" has been signified in writing, nor until after the expiration of thirty days from the laying the Report or Eeports afore- said before the Municipal Council or Councils (as the case may be), although the approval of the Commissioner of Public Works has been signified in writing before the expiration of that period. 16 Y. c. 191, s. 3, — 18 Y. c. 84, s. 2. !!• When the requirements contained in the preceding When the sections have been complied with, the Company shall become be™ome^ *° a Chartered and Incorporated Company, by the name desig- charteied. <• nated in the instrument so to be registered as aforesaid ; and by such name they and their successors shall be capable of purchasing, holding and conveying, selling and departing with any lands, tenements and hereditaments whatsoever, which may be useful and necessary for the purposes of the Corporation ; and every such work as aforesaid, and all the materials from time to time provided for constructing, main- taining or repairing the same, shall be vested in such Com- pany and their successors. 16 Y. c. 191, s. 4. 12. Every such Company may make By-laws, and from By-laws may- time to time alter and amend the same, for the purpose of ^fj^g^® ^" regulating the safe and orderly transmission of timber over or through the works of the Company, stnd the navigation therewith connected. , 13. Copies of such By-laws shall be annexed to the reports Copies of the required to be made by the Company by the eighth and ninth by-iawa to ac- sections of this Act, and copies of all new By-laws and of all reports"^ amended By-laws shall be annexed to the annual reports required by the twenty-seventh section of this Act. 14. No such By-law or amended By-law shall have any when by-laws force until one month after it has been included in such *" •^o™^ "^^° report, but, if at the end of one month such By-law has not °'^"^' been disallowed, as it may be by the Commissioner of Public Works, it shall have full force and be binding upon the Company and upon all persons using the works. 15- No such By-law shall impose any penalties, or shall As to impos- contain any thing contrary to the true meaning and inten- ™s penalties. tion of this Act. 16 Y. c. 191, s. 5. 16. The afi'airs, stock, property and concerns of every Management such Company, shall, for the first year, be managed and °l^^^^l^ ^ar conducted by five Directors, to be named in the instrument " "^^ ^^^'^" so to be registered as aforesaid, and thereafter to be annually elected by the Stockholders on the second Monday of 11 161 4 Chap. 68. Joint Stock Go's — Transmission of Timber. 22 Vict. December, according to the provisions of a By-law to be- passed by the Directors for that purpose. By-laws to 17. Such Bv-law shall regulate — regulate elec- ^ ^j^^ ^^^^^^ ^^ ^^^.^^ . 2. The place and hour of meeting for the election of Directors, and of Candidates for the direction ; and 3. Any other matters, except the day of election, which the Directors deem necessary to carry out the provisions of" this and the last preceding section. To be publish- 18. Such By-law shall be published for three successive weeks in the newspaper, or one of the newspapers, nearest the place w^here the Directors of the Company usually meet for the transaction of business. May be 19. The Directors may alter, change or amend any such amended. gy..-^^^^^ ^^^ such amended By-law shall be published in the manner above provided. A failure to 20. If the annual Election of Directors does not take provided for. place at the time appointed, the Company shall not thereby be dissolved, but the Directors for the time being, shall in that case continue to serve until another Election of Direc- tors has been held. When renew- 21. Another Election when necessary shall be held be held. '°° ° within one month after the time appointed by law, and at a time which shall be provided for by By-law to be passed by the Directors of the Company for that purpose. 16 V. c. 191, s. 6. Who to be 22. At any Election of Directors, each Stockholder shall e ectors. ^^ entitled to one vote for every share he holds in the Company, and upon which he is not in arrear on any call in respect thereof. 16 Y. c. 191, s. 6. Who qualified 23. Any person being a stockholder and not in arrear as directors. aforesaid, shall be eligible as a Director. 16 V. c. 191, s. 6. Quorum. 24. A majority of the Directors shall be a quorum for the transaction of business. A president to 25. The Directors may elect one of their number to be the ^dkectors^ the President, and may nominate and appoint such officers and servants as they deem necessary ; and in their discre- tion may take security from such officers and servants respectively for the due performance of their duties, and that they will duly account for all moneys coming into their hands to the use of the Company. 16 V. c. 191, s. 13. Vacancies in 26. If any vacancy happens amongst the Directors during how fi°led the current year of their appointment, such vacancy shall 162 1859. Joint Stock Go's — Transmission of Timber. Chap. 68. 5 be filled up for the remainder of the year by a person nominated by a majority of the remaining Directors, unless it is otherwise provided by some By-law or Regulation of the Company. 16 V. c. 191, s. l-t. 27. The Directors of every Company incorporated under Directors to this Act shall annually in the month of January report to Jo^the'^om-'^ the Commissioner of Public Works, which Report shall be missioners of under the oath of the Treasurer of the Company, and shall PubhcWorks. specify : — 1. The cost of the work ; ^i^^t the 2. The amount of all money expended ; coutaio.^' * 3. The amount of the Capital Stock, and how miich paid in; 4. The whole amount of tolls expended on such work ; 5. The amount received during the year from tolfs and all other sources, stating each separately, and distinguish- ing the tolls on different kinds of timber ; 6. The amount of Dividends paid ; Y. The amount expended for repairs ; and H. The amount of debts due by the Company, specifying the objects for which the debts respectively were incurred. 16 V. c. 191, s. 22. 28. Every Company shall keep regular books of accounts, Every com- in which shall be entered a correct statement of the assets, resuiar" books receipts and disbursements of the Company, and such books of accounts. shall be at all times open to the inspection and examina- tion of any Stockholder or any person for that purpose appointed by the Commissioner of Public "Works ; and every such Inspector may take copies or extracts from the same, and may require and receive from the keeper of such books, and also from the President and each of the Directors of the Company, and all the other officers and serA''ants thereof, all such information as to such books, and the affairs of the Company generally, as the Inspector deems necessary for the full and satisfactory investigation into and report upon the state of the affairs of the Company, so as to enable such Inspector to ascertain whether the tolls levied upon such work are greater than this Act allows to be levied. 16 V. c. 191, s. 22. 29. If at any time after the formation of any such Com- Prorision for pany, the Directors are of opinion that it is desirable to alter, ^orks^or^ ^^^ improve or extend the said work, or that the original capital capital. subscribed will not be sufficient to complete the work con- templated, the said Directors, tinder a Resolution to be passed by them for that purpose, may issue debentures, for sums not less than one hundred dollars each, signed by the President and countersigned by the Treasurer of the Cotn- pany, and not exceeding in the whole one fourth of their paid-up capital, or may borrow upon security of the Com- lU 163 Chap. 68. Joint Stock Go's — Transmission ofTimbet. 22 YiOT. pany, by bond or mortgage of the works and tolls thereon, a sufficient sum to complete the same, or may authorize the subscription of such number of additional shares as may be named in their Eesolution, a copy whereof, under the hand of the President and seal of the Company, shall be engrossed at the head of the subscription list to be opened for Sub- scribers to the additional shares. New shares to be registered and effect thereof. Rights and liabilities of new subscrib- ers. SO. When such a number of new shares have been sub- scribed as the Directors deem it desirable to have registered, the President shall deliver such^new list of Subscribers to the Registrar having the custody of the Original Instrument, and he shall attach such new list of Subscribers thereto, and such list shall thenceforth be held and taken to be part and parcel of the said Instrument. 31. All the Subscribers to such list, and those who after- wards enter their names as Subscribers thereon, with the consent of the Directors, signified by a resolution of the Board under the hand of the President and seal of the Com- pany, shall be subject to all the liabilities and entitled to all the rights, benefits, privileges and advantages of original subscribers, as well with respect to the first works undertaken as to any extension or alteration thereof as aforesaid, and such list and the subscriptions thereon shall thenceforth be considered as part and parcel of the original undertaking. How addition- 32. Such additional shares and stock shall be called in, gauJd in!° ^^ demanded and recovered, in the same manner and under the same penalties as provided or authorized in respect of the original shares or stock of the Company. 16 V. c. 191, s. 7. Directors may 33. Ti^e Directors may call in and 'demand from the no* exceeding Stockholders of the Company respectively, all sums of money ten per cent, by them Subscribed, at such time and in such payments or time°^ °°^ instalments not exceeding ten per cent, at any one time, as the Directors deem proper, upon notice requiring such pay- ment, published for four successive weeks in the newspaper or one of the newspapers nearest the place where the Directors of the Company usually meet for the transaction of business. If calls not paid, shares forfeited. Forfeiture to be declared and at a gene- ral meeting. 34. Any Shareholder neglecting or refusing to pay a rateable share of the calls as aforesaid, for the space of two months after the time appointed for the payment thereof, shall forfeit his shares, which forfeiture shall go to the Company for the benefit thereof 35. No advantage shall be taken of the forfeiture, unless the stock is declared to be forfeited at a Greneral Meeting of the Company, assembled at any time after such forfeiture has been incurred: 164 1859. Joint Stock Go's — Transmission of Timber. Chap. 68. 7 3f». Such a forfeiture shall be an indemnification to the Such forfeit- Shareholder so forfeiting against all actions or prosecutions discharge whatever, for any breach of contract or other agreement shareholders between such Shareholder and the other Shareholders with '" *'"*^' regard to carrying on such undertaking. 16 V. c. 191, s. 10. 37. The Company may, in any Court having jurisdiction The company in matters of simple contract to the amount demanded, sue ^ifg a^fter^due for and recover of or from any Stockholder in the Company notice. the amount of any call or calls of stock which such Stock- holder has neglected to pay, after public notice thereof for two weeks in the newspaper, or one of the newspapers, published nearest the place where the Directors of the Com- pany usually meet for the transaction of business. 16 V. c. 191, s. 9. 38. In any suit by the Company against a Stockholder, i^orm pf brought to recover the money due for any call, it shall not caUs^!""^ " be necessary to set forth the special matter, but it shall be sufficient for the Company to aver that the defendant is the holder of one share or more (stating the number of shares) in the stock of the Company, and that he is indebted to the Company in the sum of money to which the calls in arrear 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 Company by virtue of this Act. 16 Y. c. 191, s. 11. 39. On the trial or hearing of any such suit, it shall be Proof to be sufficient for the Company to prove that the defendant, at the ^^^i ^* *^® time of making the call, was a holder of one share or more in the undertaking (of which, when there has been no transfer of the shares, proof of subscription to the original agreement to take stock shall be sufficient evidence to the amount subscribed), and to prove that such call was in fact made, and such notice thereof'given as is required ; where- upon the Company shall be entitled to recover the amount due upon such call, with interest thereon, unless it appears that due notice of such call was not given, and it shall not be necessary for the Company to prove the appointment of the Directors who made the call, or any other matter what- ever. 16 V. c. 191, s. 12. 40. The oath of the Treasurer shall be deemed sufficient Treasurer's proof of such notice, and a copy thereof shall be filed in the jroof 'of*"^ office of the Clerk of the Court where the trial takes place, notice. 16 Y. c. 191, s. 9. 41. If upon demand made by the Directors of the Com- when matters pany, the owner or occupier of any land, over, through or compen'Son upon which the Company desires to construct any such to be submit- work, or which would be flooded or otherwise interfered tfoV" ^'^^^^'^^' 165 8 Chap 68. Joint Stock Go's— Transmission of Timber. 22 VlCT. "witli, or upon which any power given by this Act to the Company is intended to be exercised, neglects or refuses to agree upon the price or amount of damages to be paid for, or for passing through or using such land, or for flooding or otherwise interfering with the same, and for appropriat- ing the same to and for the use of the Company, or for the exercise of any such pow^er as aforesaid, the Company may name one Arbitrator, and the owner or occupier of such land, may name another Arbitrator, and the said two Arbi- trators may name a third, to arbitrate and determine upon the amount which the Company shall pay, before taking possession of such land, or exercising such power, and the decision of any two of the said Arbitrators shall be final. Arbitrators to 42. In ascertaining the amount aforesaid, due attention yZtales at ^hall be had by the Arbitrators to the benefits which will ■well as diaad- accrue to the party demanding compensation, by the con- vantages, struction of the intended w^orks. trpon tender 43. The Company may tender the sum awarded to the aw*arded™the P^rty claiming compensation, who shall thereupon be bound company to exBcute a Conveyance of the land to the Company, or toaveyunce^ such Other document as may be requisite, and the Com- pany after such tender, whether a conveyance or other document be executed or not, may enter upon and take possession of the land, to and for the uses of the Company, and may hpld the same, or exercise such power as aforesaid, in the same manner as if a conveyance thereof or other document had been executed. 16 Y. c. 191, s. 15. When the 44. If any such owner or occupier neglects to name an name'an'''' *° Arbitrator for the space of twenty days after having been . arbitrator. notified SO to do by the Company, or if the said two Arbitra- tors do not within the space of twenty days after the appoint- ment of such second Arbitrator, agree upon a third Arbitra- tor, or if any one of the said Arbitrators refuses or neglects, within the space of ten days after his appoint- ment, to take upon himself the duties thereby imposed, then, upon the application of the Company, or of the other party, the Judge of the County Court of the County in Upper Canada, or of the Circuit Court of the Circuit in Lower Canada, within which the land lies, shall nominate a disinterested competent person, from any Township or Parish adjoining the Township or Parish in which such land is situate, to act in the place of the Arbitrator so re- fusing or neglecting ; and every Arbitrator so appointed by the Judge of the County Court or Circuit Court, as the case may be, shall hear and determine the matter to be sub- mitted to him with all convenient speed, after he has been so nominated, as aforesaid ; and any award made by a majority of the Arbitrators shall be as binding as if the three Arbitrators had concurred in an,d made the same. 16 V. c. 191, s. 15. See 18 V. c. 84, s. T. 166 1859. Joint Stock Co's — Transmission of Timber. Chap. t)8. 9 45. In case any lands required by tke Company for the How company purpose of any such work, or with regard to which any the^caa^of "^ such power is to be exercised as aforesaid, are held or lands of ab- •owned by any person, body politic, corporate or collegiate, ^^°*^^^- whose residence is not within this Province or is unknown to the Company, or in case the title to any such lands is in dispute, or in case such lands are mortgaged, or in case the owner or owners of such lands are unknown, or unable to treat with the Company for the sale thereof, or the exercise of any such power as aforesaid by the Company, or to appoint Arbitrators as aforesaid, the Company may nominate and appoint one indifferent person and the Judge of the County Court or of the Circuit Court where such lands are situate, on the application of the Company, may nominate and appoint one other disinterested competent person from any Township or Parish adjoining the Township or Parish in which such lands are situate, who, together with one other person to be chosen by the persons so named before proceeding to business, or, in the event of their disagreeing as to the choice, with one other person to be appointed by such Judge as aforesaid before the others proceed to busi- ness, shall be Arbitrators to award, determine, adjudge and order the respective sums of money which the- Company shall pay to the party entitled to receive the same, for the said lands or damages as aforesaid, and the decision of a majority of such Arbitrators shall be binding. 16 V. c. 191, s. i6,— 18 V. c. 84, s. 1. 46. "When demanded the Company shall pay or cause to Amount of be paid to the several parties entitled to the same, the ?:'^^'''^*°^® , -, T ^ ' paid on de- amount so awarded. , mand. 47. A record of the award shall be made up and signed A record of by the Arbitrators, or a majority of them, specifying the beYrlw up amount awarded and the costs of arbitration, which maybe and regis- settled by the said Arbitrators, or a majority of them ; and **''^'^- such record shall be deposited in the Registry Office of the County in or along which such lands are situate, and the Company may thereupon enter and take possession of such land to and for the uses of the Company, and may proceed with the construction of the works affecting the same. 48. The expenses of any Arbitration under this Act Costs of shall be paid by the Company and by them deducted from bf^ald'^b \^ the amount of the award on payment thereof to the parties companyf &ct entitled to receive the same, if the Company, before the appointment of their Arbitrator, had tendered an equal or greater sum than that awarded by the Arbitrators, otherwise such expenses shall be borne by the Company, and the Arbitrators shall specify in their award by which of the parties the said costs shall be paid. 16 V. c 191, s. 16. 16*7 10 Chap. 68. Joint Stock Go's — Transmission of Timber. 22 ViCT. When lauds 49. All lands taken by the Company for the purpose of comTthe''*" ^.ny such work, and which have been purchased and paid. property of for by the Company in the manner hereinbefore provided^ the company, ^-^^^l become the property of the Company, free from all mortgages, incumbrances and other charges. 16 V. c. 191, s. 16. 50. * * * * # * Howarbitra- 51. The arbitrators so appointed shall fix a convenient ceed. ° ^'^°' day for hearing the respective parties, and shall give eight days' notice at least of the day and place ; and having heard the parties or otherwise examined' into the merits of the matter so brought before them, the said Arbitrators, or a majority of them, shall, within thirty days of their appointment, make their award or arbitrament thereupon, in writing, which award or arbitrament shall be final as tO' the amount in dispute. 16 V. c. 191, s. 18. If t™*'^ 53. jj^ case there be 'already established by any party erected by' other than a Company formed under this Act or some other others be Act of this Province, any slide, pier, boom or other work -thrcompauy, intended to facilitate the passage of timber down any water how compen- for the improvement of which a Company is formed under made! *° * this Act, such Company may take possession of the works, and the owners thereof, or (if they have been constructed on the property of the Crown), the persons at whose cost they have be^n constructed, may claim a compensation for th& value of such works, either in money or in stock of such Company, at the option of such owner or the person at whose cost the same was constructed, and may become Stockholders in the said C ompany for an amount equal to • the value of such works, such value to be ascertained by Arbitrators appointed in the manner hereinbefore provided ; and all the provisions of the forty-fifth to the forty-ninth sections of this Act shall apply to such work and the pro- prietors or possessors thereof in the same manner and to the same extent as to lands required by such Company and to the proprietors and occupiers thereof. 18 Y. c. 84, s. S,—and 16 V. c. 191, ss. 19, 1, When the 8th 53. And in case any such Company purchases or takes tions neernot possession of such works, as aforesaid, and does not make be complied or construct any other works than those so acquired, it shall ^' ■ not be requisite for the Company to observe the formalities required by the eighth and ninth sections of this Act, ex- cepting only that such Company shall furnish the Com- missioner of Public "Works with the report and copy of report in the said sections mentioned. 18 V. c. 84, s. 6. Mill sites, &c., 54. Nothing herein contained shall authorize any Com- taken without pauy formed under this Act to take possession of, or in any the consent of wise injure any mill site, upon which there is existing any the owner. j^Qig or machinery, or any hydraulic works other than 168 1859. Joint Stock Uo's — Transmission of Timber. Chap. 68. 11 those intended to facilitate the passage of timber ; and no Company formed under this Act shall commence any work which interferes with or endangers any such occupied mill site, without the assent in writing of the proprietor thereof previously obtained, or an award of Arbitrators appointed as herein provided, to the effect that the proposed works will not injure such mill site, which assent or award shall be registered in the same manner as the instrument of in- corporation of such Company. 16 V. c. 191, s. 19. 55* The provisions of the seventeenth and eighteenth The ilth and sections of the forty-eighth chapter of the Consolidated ifthf u.'°0.^ Statutes of Upper Canada, respecting mills and mill dams, Consolidated , shall extend to similar land in Upper Canada overflowed by ^'^appfy &c! any of the works constructed by any Company formed un- der this Act. 16 V. c. 191, s. 20. 56. Nothing herein contained shall authorize any Com- Navigable pany formed under this Act to obstruct any waters already ^g'^obstructed* navigable, or to collect any tolls other than those upon xoiiaoutim- timber. ber only. 57. If by reason of any dam erected by a Company Rights of formed under this Act, any fall or water power be created, Pf/,iT„!two°^= the Company shall m no wise have any title or claim to the created by th& use of such water power ; nevertheless, if the owner or company. occupier of the land adjoining has made a claim for com- pensation for damages arising from such dam, the Arbitra- tors may take into account the increased value of his pro- perty by reason of the water power so created. 16 Y. c. 191, s. 21. 58. The tolls for the first year shall be calculated upon Principle on the estimates hereinbefore required to be made of the cost be'^caic'uiated* of the works, and the quantity of different kinds of timber expected to pass down the stream, and the tolls in all future years shall be calculated upon the cost of the works and the quantity of different kinds of timber expected to pass down the stream, and the receipts and expenditure, according to the accounts of the then next preceding year, as rendered in accordance with the provisions of the twenty-seventh and following sections of this Act ; and the tolls shall be so calculated that, after defraying the necessary cost of main- taining and superintending the works and collecting the tolls, the balance of the receipts may as nearly as possible be equal, and in no case exceed ten dollars for every hundred expended and invested in the said works ; and if in any year the receipts from tolls are such that, after defraying all the current expenses, there remains a clear profit of more than ten dollars upon every hundred of the capital expended, there shall nevertheless be divided amongst the Shareholders no greater dividend than after 169 12 Chap. 68. Joint Stock Go's — Transmission of Timber. 22 ViCT. the rate of ten dollars for every hundred, and the remainder shall be carried over to the receipts of the following year. 16 V. c. 191, s. 23. 5». #***** The annual 60. The annual account required to be rendered by every leSeVby*" Company shall contain a Schedule of the tolls, calculated as the company aforesaid, which it is proposed to collect in the following IcheTufeof year, and if it has not been notified to the President of the tolls. Company on or before the fifteenth day of March in each year, that the Schedule of tolls has been disallowed by an order of the Commissioner of Public "Works, the President of the Company shall cause the said Schedule of tolls to be published for the space of one month in some newspaper published within the County or Counties, District or Dis- tricts, in which or nearest to which such works are situate, and such tolls so published shall be the lawful tolls for that year ; but if it appears to the Commissioner of Public "Works that the proposed Schedule of tolls has not been calculated according to the true intent and meaning of this Act, such Commissioner may, by an Instrument under his hand, alter or vary the said Schedule of tolls so as to make them cor- respond with the true meaning of this Act ; and such amended Schedule of tolls shall be notified to the President of the Company, and shall by him be published as aforesaid, and shall be the lawful tolls for that year. 16 V. c. 191, s. 25. Gompanymay 61. Every such Company may demand from the owne oXer state- °^ ^ny timber intended to be passed through any portion of ment of ^uan- the works of the Company, or from the person in charge of ji^ie^to™iis^ t^e same, a written statement of the quantity of each kind of timber and of the destination of the same, and of the sections of the works through which it is intended to pass, and if no such written statement is given when required or a false statement is given, the whole of such timber or such At the peril of part of it as has been omitted by a false statement shall be double toll, i^^^i^ ^.Q double toll. On what tim- 62. Every such Company may demand and receive the betaken. "^■'^ lawful toll upon all timber which has come through or over any of the works of the Company ; and the Company, by Rig^t of com- its servants, shall have free access to all such timber for the purpose of measuring or counting the same. pany to examine May sue for 63. If the just tolls be not paid on demand, the Com *° ^' pany may sue for the same in any Court of competent juris' diction, and recover from the owner of the timber the amount of the tolls and the costs of suit. If full toll 61. If the owner of the timber objects to the amount of ^^pany toUs demanded, and tenders a sum which he claims to be the liable to costa. 170 1859. Joint Stock Go's — Transmission of Timber. Chap. 68. 13 true and just amount of the tolls, the Company shall pay the costs of the suit, unless the judgment obtained is for a greater amount than the sum so tendered. 16 V. c. 191, s. 26. 65. If timber has not come through or over the whole Toll to be ap- of the works of the Company, but only through or over a [he^extent "of part thereof, the owner of the timber shall only be liable to the works pay tolls for such sections of the whole works as he has ^^^^' made use of, if in the Schedule of tolls the work is divided into sections, and if not, then to pay such a portion of whole toll as the distance such timber has come through the works, bears to the whole distance, over which such works extend. 16 V. c. 191, s. 26. 66. If the true owner of any timber which has passed when and through any of the works of the Company cannot be ascer- j^^ brsefzed tained, or if there be reasonable groiands to apprehend that for tolls. the tolls thereon have not been paid by the owner or repu- ted owner or person in charge, any Mayor, Ileeve, or Jus- tice of the Peace, having jurisdiction within the locality, through or adjoining which such navigation extends, or where the timber may be found, if within twenty miles of any such works, shall, upon the oath of any Director or servant of the Company that the just tolls have not been paid, issue a warrant for the seizure of such timber, or so much thereof as will be sufficient to satisfy the tolls, which warrant shall be directed to any Constable or any person sworn in as a Special Constable for that purpose, at the dis- cretion of the Magistrate, and shall authorize the person to whom it is directed, if the tolls are not paid within fourteen days from the date thereof, to sell the said timber, and out of the proceeds to pay to the Company the just tolls, to- gether with the costs of the warrant and sale, rendering the surplus on demand to the owner. 16 V c. 191, s. 27- 0/» tP T%^ ^ ^ ^ ^ 6S. If any person resists or impedes any of the servants Orof imped- ofany such Company, in the transmission of anv timber M^g*«°P"^ j-i, 1, 1-1 • ■ , ^ 1 ■ tioa of the ttirougn any such works, or in carrying out any regulations company. of the Company for the greater safety and regularity oi such transmission, or resists any such servants who may require access to any raft or other timber to ascertain the just tolls thereon, or in any way molests such Company or its servants in the exercise of any rights secured to them by this Act, such person shall, upon conviction thereof in a summary way before a Justice of the Peace having jurisdiction in the locality in or adjoining which the offence has been commit- ted, be sentenced to pay a fine of not more than ten dollars nor less than one dollar, together with all costs, to be paid within a time to be limited by the said Justice, and in de- fault to be levied as next hereinafter provided. 16 V. c. 191, s. 29. ill recoverable. 14 Chap. 68. Joint Stock Co\s — Transmission of Timber. 22 ViCT. How justice of 69. In any proceeding or prosecution before any Justice proSin" of tlie Peace under this Act, the Justice may summon the prosecutious party complained against to appear at a time and place to Act^"^ ^'^'^ ^s named in the summons, and if he does not appear accord- ingly, then upon proof of the due service of the summons upon such party either personally or by leaving a copy thereof at his usual place of abode, or with any adult person belonging to the raft to v^hich such party is attach- ed, the Justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending and bringing such party before himself or some other Justice of the Peace ; or the Justice may, without previous summons, issue such warrant, and the Justice before whom the parties appear or are brought shall proceed to hear and determine the case. 16 V. c. 191, s. 30. Howfines,&c., TO. The fines and forfeitures authorized to be summarily imposed by this Act may be recovered upon information and complaint before any Justice of the Peace of the County within which the same have been incurred, and shall be levied and collected by distress and sale of the ofiender's goods and chattels under the authority of a Warrant of Distress for that purpose, to be issued by the Justice before whom the conviction has been had. If no goods, Tl. In case there are no goods or chattels to satisfy such imprisoned. ^^ Warrant, the offender shall be committed to the common gaol of the District or County for any period not exceeding one month ; but this section shall not prevent the issuing of a Warrant of Commitment in the first instance, upon a conviction for any offence mentioned in the sixty-seventh section of this Act. 16 "V. c. 191, s. 31. Pines, &c., to 72. AH fines and forfeitures collected under the authority trerurer^of''" o^ ^^is Act shall be paid to the Treasurer of the Company the company, owning the workin respect of which such fines and forfeit- ures have been imposed, for the use of such Companies respectively. 16 Y. c. lyl, s. 32. Officers and 73. In any action or suit brought by or against any such competent" ^^ Company, upon any contract or, for any matter or thing -witnesses. whatsoever, any Stockholder, or any officer or servant of the Company, shall be competent as a witness, and his testimony shall not be deemed inadmissible on the ground of interest, or of his being such servant or officer. 16 V. c. 191, s. 38. Limitation of 74. If any suit be brought against any person for any actions. matter or thing done in pursuance of this Act, such suit shall be brought within six months next after the fact committed, and not afterwards, and the defendant therein may plead the general issue only, and give this Act and the special matter in evidence on the trial. 36 V. c. 191, s. 34. 112 1859. Joint Stock Co's — Jran^mission of Timber. Chap. 68. IS 75- Every such Company shall within two years from the Within what day of their becoming incorporated, complete each and every bfcompletedi work undertaken by them, and for the completion whereof &c. they may be incorporated, in default whereof they shall forfeit all the corporate and other powers and authority which they have in the meantime acquired, and all their corporate powers shall thenceforth cease and determine, ' unless further time be granted by a By-law of the County or Counties, District or Districts in or adjoining which the work is situate ; and if any Company formed under this Act, for the space of one year, abandons any works completed by them so that the same are not in sufficient repair and cannot be used for the purpose proposed in their Instrument of Incorporation, then their corporate powers shall cease and determine. 16 V. c. 191, s. 35. 76. After any works constructed by a Company under Works to be this Act have been completed and tolls established, the )^l>^ ^ood Company shall keep the same in good and sufficient repair ; and if any such works have not been constructed according to the description given thereof in the report required by the ninth section of this Act, or have become insufficient or out of repair, any person interested in the navigation may serve upon any servant of the Company a notice of such insufficiency ; and if within a reasonable time after the service of such notice the necessary repairs have not been completed, such Company shall be liable for the damage w^hich any person may sustain from the continuance of such insufficiency ; but no Company formed under this Act shall be held liable for any damage, so long as their works are in accordance with the description or specification thereof in the original Instrument required to be registered, or in any description or specification subsequently approved of and registered, nor for any damage arising from the accidental destruction or injury of their works, but only for the damage which may arise from the wilful neglect of the Company after notice served upon one of its servants as hereinbefore provided. 16 Y. c. 191, s. 36. 77. Any two Companies formed for the construction ofwhencom- works on any streams contiguous to each 'other, may unite ^uel"*^'' and form one Consolidated Company, on such terms as to them seem meet ; and the name of such united Companies to be then assumed shall thenceforth be the corporate name thereof, and such united Companies may then exercise and enjoy all the rights, and shall be subject to all the liabilities of other Companies formed under the provisions of this Act, and which the separate Companies had and enjoyed or were subject or liable to before the union thereof. 16 V. c. 191, s. 87. 78. Notwithstanding the privileges conferred by this TheLegisla- Act, the Legislature may at any time, in their discretion, this Act^^t ^ 173 discretion. 16 Chap. 68. Joint Stock Go's— Transmission of Timber. 22 ViCT. When the Governor in Council may declare a company dis- BOlved. taken is doubtful make sucli additions to this Act, or such alterations of any of its provisions as they may think proper for affording just protection to the public, or to any person or body corporate or politic, in respect to their estate, property, right or interest therein, or any advantage, privilege or convenience con- nected therewith, or in respect to any way or right of way that may be affected by any of the powers given to any such Corporation. 79. Whenever it is found expedient for the public service, the Grovernor in Council may declare any Company formed under this Act dissolved, and may declare all the "Works of any such Company, Provincial Works, upon payment to such Company of the then actual value of the works, to be deci- ded by Arbitrators, one of whom shall be appointed by the Commissioner of Public Works, and one by the Company ; Arbitration in and if they do uot agree to an award, the Judge of the sue case. Co-[mty Court fof the County in Upper Canada, or the Judge of the Circuit Court in Lower Canada, in or adjoining which the works are situate, shall be the third Arbitrator. 16 Y. c: 191, s. 38. How company SO. In every case where any lands or works in Lower L. S^ when'" Canada have been acquired or purchased, or taken possession title to lands of under the provisions of this Act, and when the Company '' purchasing or taking possession of such lands or works, have cause to believe that the occupier or person in possession of such lands or works is not the legal owner thereof, or that such lands or works are already mortgaged or hypothecated, the Company shall not be bound to pay the amount of the purchase money or of the award provided for by this Apt to the occupier thereof, but may deposit in the hands of the Prothonotary of the District in which such lands or works are situate, the purchase money of such land or works, or the amount awarded therefor, together with their deed of purchase or award, as the case may be, and may proceed to obtain a ratification by the Superior Court sitting in such District, of such deed of purchase or award, in the manner practised for the ratification of title deeds. 81. The real proprietor of such land or works, and all others having claims in or upon the same may intervene in such proceeding and claim and obtain the purchase money or amount awarded for such lands or works, or their due share thereof, and the Court may grant such ratification, and upon the ratification the Company shall become and be the legal and indefeasible proprietor of the land or works, free and clear of all claims, charges and incumbrances what- soever, and the money so deposited shall stand in lieu of such land or work ; and in case of substitution or where minors or interdicted parties are interested, the Court may make such order as seems meet for the protection of the parties entitled to the same. 18 Y c. 84, s. 4. 114 Eeal owner may inter- Tene. 1859. Joint Stock Co's — Transmission of Timber. Chap. 68. lY SCHEDULE.— See Sec. 5. Be it remembered, that on this day of , in the year of our Lord one thousand eight hundred and , we, the undersigned Stockholders, met at , in the County of , in the Province of Canada, and resolved to form ourselves into a Company to be called {here insert the corporate name intended to be taken by the Cowpaw^) , according to the provisions of the Consoli- dated Statute of Canada, intituled, An Act, 8fc. {insert the title of this Act), for the purpose of constructing a slide, wharf, pier {or other such work as aforesaid, describing the nature, extent and situation thereof), and we do hereby declare that the capital stock of the said Company shall be dollars, to be divided into shares, at the price or sum of twenty dollars each ; and we, the under- signed stockholders, do hereby agree to take and accept the number of shares set by us opposite to our respective sig- natures, and we do hereby agree to pay the calls thereon, according to the provisions of the said in part recited Act and of the Rules and Regulations, Resolutions and By-laws of the said Company, to be made or passed in that behalf ; and we do hereby nominate {the names to be here inserted) to be the first Directors of the said Company. Names. Number of Shares. Amount. OTTAWA: Printed by Brown Chambeelin, Law Printer to^the Queen's Most Excellent Majesty. 115 CHAP. LXIX. An Act respecting payment of dividends by Insurance Companies. TTEE Majesty, by and with the advice and consent of the -*-'- Legislative Council and Assembly of Canada, enacts as follows : Iiiability of managere, &C.J paying dividends Which impair the capital stock of the •company. How such managers may free themselves from liability, !• If the Managers, Directors or Trustees of any Fire, Life, Marine or other Assurance Company, incorporated by the Legislature of Canada, or of Upper Canada or of Lower Canada, knowingly and wilfully declare and pay any divi- dend or bonus out of the paid up capital of the Company, or when the Company is insolvent, or which would render it insolvent, or which would diminish the amount of its Capital Stock, such Managers, Directors or Trustees who are present when such dividend or bonus is declared and which said dividend is afterwards paid, shall be jointly and sever- ally liable for all the debts of the Company then existing, and for all thereafter contracted while such Managers, Directors or Trustees, respectively, continue in office ; But if any of them object to the declaration of such dividend or bonus, or to the payment of the same, and at any time before the time fixed for the payment thereof, file a written state- ment of such objection in the Office of the Company, and also in the Registry Office of the City, Town or County where the Company is situated, such Managers, Directors or Trustees shall be exempt from such liability. 19, 20 V. c. 89. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 176 CHAP. LXXTX. An Act respecting the Appointment of Commissioners for taking Affidavits and the Attendance of Witnesses in the Courts of Upper and Lower Canada reciprocally. LI EE Majesty, by and with the advice and consent of the -*-*- Legislative Council and Assembly of Canada, enacts as follows : jA. 4^ Jt -^ -It •TT "TP" Tr TT TV" COUBTS TO ISSUE SUBPCENAS INTO ANY PART OF CANADA. 4. If in any action or suit depending in any of Her Courts may Majesty's Superior Courts of Law or Equity in Canada, it p^'Jfas'to' any- appears to the Court, or when not sitting, it appears to any part of Judge of the Court, that it is proper to compel the personal '^^''^'i*- attendance at any trial or enquSte or examination of wit- nesses, of any person who may not be within the jurisdic- tion of the Court in which the action or suit is pending, the Court or Judge, in their or his discretion, may order that a writ called a writ of svhpcena ad testificandum or of subpcena duces tecum shall issue in special form, commanding such person to attend as a witness at such trial or enquSte or examination of witnesses wherever he may be in Canada. 18 V. c. 9, s. L 5. The service of any such writ or process in any part of Service there- Canada shall be as valid and effectual to all intents and °| 'oaSa^t^ purposes, as if the same had been served within the juris- be good. diction of the Court from which it has issued, according' to the practice of such Court. 18 Y. c. 9, s. 1. -'to ©• No such writ shall be issued in any case in which an when not to action is pending for the same cause of action, in that section ^^ issued. of the Province, whether Tipper or Lower Canada respec- tively, within which such witness or witnesses may reside. 18 V. c. 9, s. 1. '7' Every such writ shall have at the foot, or in the ^\'rits to be margin thereof, a statement or notice that the same is issued ^^ ^"^^'^^ by the special order of the Court or Judge making such order, and no such writ shall issue without such special order. 18 V. c. 9, s. 2. 12 1^^ Chap. 19. Attendance of Witnesses, SfC. 22 YlCT. Consequences §. jjj ^ase any person so served does not appear accord- ence. ing to the exigency of such writ or process, the Court out of which the same issued, may, upon proof made of the service thereof aud of such default, to the satisfaction of such Court, transmit a certificate of such default, under the Seal of the same Court, to any of Her Majesty's Superior Courts of Law or Equity in tht part of Canada in which the person so served may reside, being out of the jurisdiction of the Court trans- mitting such certificate, and the Court to which suh certificate is sent shall thereupon proceed against and punish such person so having made default, in like manner as they might have done if such person had neglected or refused to appear to a writ of subpoena or other similar process issued out of such last mentioned Court. 18 V> c. 9, s. 3. If .expenses ». 1^0 such Certificate of default shall be transmitted by dered?"^ ^°' any Court, nor shall any person be punished for neglect or refusal to attend any trial or enquSte or examination of witnesses, in obedience to any such subpoena or other similar process, unless it be made to appear to the Court transmitting and also to the Court receiving such certificate, that a reasonable and sufficient sum of money, according to the rate per diem and per mile allowed to witnesses by the law and practice of the Superior Courts of Law within the jurisdiction of which such person was found, to defray the expenses of coming and attending to give evidence and of returning from giving evidence, had been tendered to such person at the time when the writ of subpoena, or other similar process, was served upon him. 18 Y. c. 9, s. 3. How service proved. lO. The service of such writs of subpoena or other similar process in Lower Canada, shall be proved by the certificate of a Bailiif within the jurisdiction where the service has been made, under his oath of office, and such service in Upper Canada by the affidavit of service endorsed on or annexed to such writ by the person who served the same. 18 V. c. 9, s. 3. tendan'ce^'^r ^^' '^^^ costs of the attendance of any such witness shall vided for. not be taxed against the adverse party to such suit, beyond the amount that would have been allowed on a commission rogatoire, or to examine witnesses, unless the Court or Judge before whom such trial or enqu^te or examination of wit- nesses is had, so orders. 18 Y. c. 9, s. 4. This Act ex- 12. This Act shall apply to the summoning of witnesses CircuitOourts residing within the juisdiction of the Circuit Court held at in L. c.reei- any One place, to attend at any trial or enquite before the proca J. Circuit Court at any other place in Lower Canada. 18 Y. c. 9, s. 5. It8 1859. Attendance of Witnesses, Sfc. Chap. '79. 3 15?. Nothing herein contained shall aflFect the power of Po^er to issue any (Jourt to issue a commission lor the examination oi wit- to examine nesses out of its jurisdiction, nor affect the admissibility of witnesses any evidence at any trial or proceeding, where such evidence P'^^^^'"^® is now by law receivable, on the ground of any witness being beyond the jurisdiction of the Court. 18 Y. c. 9, ss. 6, Y. OTTAWA : Printed by Brown Chambeehh, Law Printer to the Queen's Most Excellent Majesty. 121 1^9 THE COJ^SOLTDATED STATUTES von TIPPER O^NA.D^. 1859. CHAP. I. An Act respecting tlie Consolidated Statutes for Upper Canada. {Assented to 4th May, 1859.) Preamble. "TTTHEREAS it has been found expedient to revise, VV classify and consolidate the Public G-eneral Statutes which apply exclusiTely to Upper Canada, including both those passed by the Legislature of the late Province of Dpper Canada, and those passed by the Parliament of Canada ; — And whereas such revision, classification and consolidation have been made accordingly ; And whereas it is expedient to provide for the incorporation therewith of the Public Greneral Statutes passed during the present Session in so far as the same affect Upper Canada exclusively, and for giving the force of law to the body of Consolidated Statutes to re- sult from such incorporation : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — 1- The printed Roll attested as that of the said Statutes so revised, classified and consolidated as aforesaid, under the signature of His Excellency the Grovernor G-eneral, that of the Clerk of the Legislative Council, and that of the Clerk of the Legislative Assembly, and deposited in the office of the Clerk of the Legislative Council, shall be held to be the original thereof, and to embody the several Acts and parts of Acts mentioned as to be repealed in the Schedule A thereto annexed ; but the marginal notes thereon, and the references to former enactments at the foot of the several ^c." sections thereof form no part of the said Statutes, and shall be held to have been inserted for convenience of reference 180 Original EoU of Statutes revised, &c., to be certified and deposit- ed. As to mar- ginal notes, misprints, 1869. Consolidated Statutes for U. C. Chap. 1. 2 only, and may be omitted or corrected, — and any misprint or clerical error in the said Roll may also be corrected, — in the Roll hereinafter mentioned. 2» The Grovernor may select such Acts and parts of Acts Governormay passed during the present Session, as he may deem it advis- ^^'°^?^ the able to incorporaite with the said Statutes contained in the thfs Sesaion to said first mentioned Roll, and may cause themtobe soincor- bemcorpor- porated therewith, adapting their form and language to statutes in the those of the said Statutes (but without changing their effect), said Roll, inserting them in their proper places in the said Statutes, striking out of the latter any enactments repealed by or incon- sistent with those so incorporated, altering the numbering of the chapters and sections, if need be, and adding to the said Schedule A a list of the Acts and parts of Acts of the present Session so incorporated as aforesaid ; and the Gov- ernor may direct that all sums of money stated in the said Roll in Halifax currency be conyerted into dollars and cents in all cases where it can be conveniently done. 3. So soon as the said incorporation of such Acts and parts Certified Roll of Acts with the said Statutes, and the said addition to the jeg-sityfn rf^ said Schedule A shall have been completed, the Grovernor the present may cause a correct printed Roll thereof attested under his |e^^Jg^ed*and signature and countersigned by the Provincial Secretary, to serre as the be deposited in the ofB.ce of the Clerk of the Legislative Coun- original cil, which Roll shall be held to be the original thereof, and to embody the several Acts and parts of Acts mentioned as repealed in the amended Schedule A thereto annexed ; any marginal notes however, and references to former enactments which may appear thereon being held to form no part of the said Statutes but to be inserted for convenience of refer- ence only. 4. The Grovernor in Council, after such deposit of the said Proclamation last mentioned Roll, may, .by Proclamation, declare the day [^go^onfo°i? on, from and after which the same shall come into force and dated stat- have effect as larw by the designation of "The Consolidated "^^^ i°*° Statutes for Upper Canada." tain^day.* ^' 5. On, from and after such day, the same shall accordingly On and after come into force and effect as and by the designation of " The ghaiib?^in^^^ Consolidated Statutes for Upper Canada," to all intents as force— and the though the same were expressly embodied in and enacted emboSedhi by this Act, to come into force and have effect on, from and them re- after such day ; and on, from and after the same day, all the P^^i^"^- enactments in the several Acts and parts of Acts in such amended Schedule A mentioned as repealed, shall stand and Exception. be repealed, save only as hereinafter is provided. 6- The repeal of the said Acts and parts of Acts shall not Saving as to revive any Act or provision of law repealed by them ; nor ^^c'^^anter?or 181 to the repeal. Chap. 1. Cousotidated Statutes for L. C. 22 Vict. Certain mat- ters anterior to tlie repeal not to be affected by it,— Penalties, &c. Indictments, &a. Actions, &c. Acts, deeds, rights, &c. Offices, &c. Marriages, &c. Any other matters, &c. Bnt the same to remain valid, Sec. And may be enforced, &c., and under what laws. shall the said repeal prevent the effect of any saving clause in the said Acts and parts of Acts, — or the application of any of the said Acts or parts of Acts or of any Act or provision of laws formerly in force, — to any transaction, matter or thing anterior to the said repeal, to which they would otherwise apply. 7. The repeal of the said Acts and parts of Acts shall not affect — 1. A.ny penalty, forfeiture or liability, civil or criminal, incurred before the time of such repeal, or any proceedings for enforcing the same, had, done, completed or pending at the time of such repeal, — 2. Nor any indictment, information, conviction, sentence or prosecution, had, done, completed or pending at the time of such repeal, — 3. Nor any action, suit, judgment, decree, certificate, execution, process, order, rule or any proceeding, matter or thing whatever respecting the same, had, done, made, entered, granted, completed, pending, existing, or in force at the time of such repeal, — 4. Nor any act, deed, right, title, interest, grant, assur- ance, descent, will, registry, contract, lien, charge, matter or thing, had, done, made, acquired, established or existing at the time of such repeal, — 5. Nor any office, appointment, commission, salary, allow- ance, security, duty, or any matter or thing appertaining thereto, at the time of such repeal, — 6. iNor any marriage, certificate or registry thereof, law- fully had, made, granted or existing before or at the time of such repeal, — '7. Nor shall such repeal, defeat, disturb, invalidate or prejudicially affect any other matter or thing whatsoever, had, done, completed, existing or pending at the time of such repeal, — 8. But every Such penalty, forfeiture and liability, and every such Indictment, information, conviction, sentence and prose- cution, and every such Action, suit, judgment, decree, certificate, execution, pro- cess, order, rule, proceeding, matter or thing, and every such Act, deed, right, title, interest, grant, assurance; descent, will, registry, contract, lien, charge, matter or thing, and every such Ofiice, appointment, commission, salary, allowance, secu- rity and duty, and every such Marriage, certificate and registry, and every such other matter and thing, and the force and effect thereof, respectively. May and shall, both at law and in equity, remain and con- tinue as if no such repeal had taken place, and, so far as 182 1859. Consolidated Statutes for U. C. Chap. 1. 4 necessary, may and shall be coiitiuued, prosecuted, enforced aud proceeded with under the said Consolidated Statutes and other the Statutes and Laws having force in Upper Canada, so far as applicable thereto, and subject to the pro- xisious of the said several Statutes and" Laws. 8. The said Consolidated Statutes shall not be held to Consolidated operate as new laws, but shall be construed and have effect to' b*e deemed as a consolidation and as declaratory of the law as contained new laws. in the said Acts and parts of Acts so repealed, and for which the said Consolidated Statutes are substituted. 9» But if upon any point the provisions of the said Con- How con- solidated Statutes are not in effect the same as those of the any^case^ they repealed Acts and parts of Acts for which they are substi- differ from the tuted, then as respects all transactions, matters and things ^^ts^^^g subsequent to the time when the said Consolidated Statutes take effect, the provisions contained in them shall prevail, but as respects all transactions, matters and things anterior to the said time, the provisions of the said repealed Acts and parts of Acts shall prevail. 10. Any reference in any former Act remaining in force, As to refer- or in any instrument or document, to any Act or enactment p^aM Acts so repealed, shall, after the Consolidated Statutes take effect, in former be held, as regards any subsequent transaction, matter or °*^' " thing, to be a reference to the enactments in the Consoli- dated Statutes having the same effect as such repealed Act or enactment. 11- The insertion of any Act in the said Schedule S- shall As to effect of not be construed as a declaration that such Act or any part ^0!'^*^°°'^^'^ of it was or was not in force immediately before the coming Schedule A. into force of the said Consolidated Statutes. 12. Copies of the said Consolidated Statutes printed by Copies by the Queen's Printer from the amended Eoll so deposited, 3'^®®+°'^. shkll be received as evidence of the said Consolidated Sta- evidence, tutes in all Courts and places whatsoever. 13. It shall not be necessary that the said Consolidated As to trans- Statutes for Upper Canada be translated into French ; but ^ *'°'^^*'" the Grovernor may, in his discretion, cause a translation to be made and printed at any time hereafter. 14. The laws relating to the distribution of the printed As to distri- - - - - -- - - -_ - _. btition -" copies. copies of the Statutes shall not apply to the said Oonsoli- *'*'*'°" °^ dated Statutes, but the same shall be distributed in such numbers and to such persons only, as the Grovernor in Coun^ cil may direct. 183 5 Chap. 1. Consolidated Statutes for U. C. 22 ViCT. This Act to 15. This Act shall be printed with and shall form the Consolidated first Chapter of the said Consolidated Statutes, and shall be statutes. subject to the rules of construction prescribed in the second How they may Chapter thereof ;^ And any Chapter of the said Statutes be cite . ^^y ^g cited and referred to in any Act and proceeding- whatever, Civil and Criminal, either by its title as an Act, — or by its number as a Chapter in the copies printed by the Queen's Printer, — or by its short title. OTTAWA : Printed by Beown Chambeblih, Law Printer to the Queen's Most Excellent Majesty. 184 CHAP. II. An Act respecting the Interpretation of certain words and terms therein mentioned. TO prevent the unnecessary multiplication of words and to giye definite meanings to certain words and expres- sions which may he provided for by a G-eneral Law : Her Majesty, by and with the advice and consent of the Legis- lative Council and Assembly of Canada, enacts as follows : !• The foregoing Act, this Act and the following series What to con- of Acts shall apply to Upper Canada only and shall consti- co^g^oii'^a'i^l tute the Consolidated Statutes of Upper Canada exclusively ; Statutes of and in pleading, citing or otherwise referring to them, or ^di^'' ^^^' any of them, it shall be sufficient to use the expression "The Consolidated Statutes for Upper Canada," adding the Chapter when necessary. 2. Unless otherwise declared or indicated by the context Meaning of —The words "Her Majesty," "The Queen" or " The J^T^lQulen," Crown," whenever used in the Consolidated Statutes of "TheOrown','" Upper Canada shall mean Her Majesty, Her Heirs and Successors. 3. The word " Grovernor " shall include the Governor, Meaning of Lieutenant Governor, or person administering the Govern- ■?The°Gover- naent. nor." 4. The word " Proclamation " when not otherwise ex- Meaning of pressed, shall mean a Proclamation under the Great Seal of l^l^ciama Canada ; the word " Great Seal " shall mean the " Great Seal tionT ™'^" of this Province." 5. When the Governor is authorized to do an act by when procla- Proclamation, it shall, unless otherwise expressed, mean a ""oXr'in^* Proclamation issued under the Great Seal by order of the CMncir '° Governor in Council. 6. The words " Upper Canada " shall mean that part of The worda this Province which formerly constituted the Province of ^J^^?^"^ ^^'°-' Upper Canada. 7. The word " County " shall include United Counties. Tbe word 2gg " County." Chap. 2. Interpretation. 22 Vict. The words "Superior Courts." 8. The words " Superior Courts " shall mean the Court of Queen's Bench, the Court of Common Pleas and the Court of Chancery. !>• The words " Superior Courts of Common Law " shall mean the two former, and "Court of Equity "shall mean the Court of Chancery. lO. "Words importing the Singular Number or the Mas- culine Gender shall include more persons, parties or things of the same kind than one, and females as well as males — and the converse, t W. 4, c. 14. The interpre- H. The interpretation clause of the Act respecting Muni- of*the Mun?d:- cipal Institutions shall, so far as the terms explained are pal Act ap- respectively applicable, extend to each of the following ^ '® ■ Consolidated Statutes which relate to any such municipali- ties. The words " Superior Courts of Common Law." As to Number or Gender. The word " Person." 12- The word " Person " shall include any body corpor- ate or politic, or party, and the heirs, executors, administra- tors or other legal representatives of such person to whom the context applies. The words 13. The word "Month" shall mean a Calendar month, ^Month and ^^^ ^^^ ^^^^ a year" a Calendar year. The words 14. The word " Oath " shall mean any oath lawfully mation', tfj'' administered, and shall include a Solemn Affirmation whenever an affirmation may be made instead of an oath, and in like cases the word " Sworn " shall include the word " Affirmed." Who may administer oath, &c. 15. In every case where an oath or affirmation is dir- ected or authorized to be made before any Court, person or officer, such Court, person or officer shall have full power and authority to take and administer the oath or affirma- tion. * * # * * ^juSof *®' ^^® ^°^^^ "Justice of the Peace," shall include the Peace." Magistrate or two or more Justices of the Peace or Magis- trates assembled or acting together ; and if anything be directed to be done by or before a Magistrate or a' Justice of the Peace or other Public Officer or Functionary, it shall be. done by or before one whose jurisdiction or powers extend to the place where such thing is to be done, and whenever power is given to any person. Officer or Functionary to do or enforce any act or thing, all necessary powers to enable him to do or enforce such act or thing shall be implied. form''i°"u''' *° ^^' ^^®^ ^^y ^'^^ o'" thing is required to be done by ^ormaquo- j^oj-g t]ian two persons, a majority of them shall be suffi- cient, unless otherwise specially pro"\ ided. 186 1859. Interpretation. Chap. 2. 3 18. Unless otherwise provided or there be something in Unless other- the context or other provisions of the Act indicating a dif- J^^'^^°^^ ' ferent meaning, or calling for a different construction : 1. The law in the last Act, and in the following series of The Acts to Acts, is to be considered as always speaking, and whenever ^^ always^"^^*^ any matter or thing is expressed in the present tense, the speaking. same is to be applied to the circumstances as they arise, so that effect may be given to each Act and every part thereof, according to its spirit, true intent and meaning ; 2. The word " shall " is to be construed as imperative and Force of ii, J 11 !> • • words "shall" the word may as permissive ; "mav." 3. Whenever the word "herein" is used in any section of j^^mj of an Act, it shall be understood to relate to the whole Act, " Herein." and not to that section only. 19» The provisions contained in the Interpretation Act The luterpre- of Canada, and not contained in this Act, shall also apply to oanada^to ° the Consolidated Statutes for Upper Canada, as if incorpo-. apply, rated herein. OTTAWA: Printed by Bkown Chambehlin, Law Printer to the Queen's Most Excellent Majesty. 187 CHAP. XVIII. An Act respecting Insolvent Debtors Courts. |_| EE, Majesty, by and with the advice and consent of the -■-■- Legislative Council and Assembly of Canada, enacts as follows : — PETITION AND CESSIO BONORUM. Inaolvent debtora may- apply for re- lief through the Judges of the County Courts. Petition to Judge of CountyCourt. Schedule. To be verified by affidavit. To be annexed together. On filing the whole, pro- tection may be granted. !• In case any person indebted : 1. Grives notice according to the form (No. 1) to one fourth in number and value of his creditors, and causes such notice to be inserted twice in the Canada Gazette and twice in some newspapers circulating within the County wherein he resides and had resided for the then last preceding twelve months ; and 2. In case such person presents to the Judge or acting Judge of the County Court of such County, a Petition for protection from process in the form (No. 2), and sets forth therein any proposal he has to make for the payment of his debts in whole or in part ; and 3. In case he annexes to such petition a full and true Schedule of his debts, with the names of his creditors and the dates of contracting the debts, and the security (if any) given for the same, and also the nature and amount of his property, with the debts owing to him, their dates, the names of his debtors and the nature of the securities (if any) which he has received for such debts ; and 4. In case such petition and Schedule be verified by an afiidavit of the petitioner in the form (No. 3) sworn before any Judge of a Court of record or of the Court of Chancery in Upper Canada, or before a Commissioner for taking affi- davits in any of such Courts, or before any Clerk or Officer of any such Courts^ otherwise authorized to administer oaths ; and 5. In case such affidavit be annexed to such petition and Schedule at the time of filing the same ; Then on the filing thereof, such Judge or acting Judge may give a protection to the petitioner from all process whatever, either against his person or his property of any description, and such protection shall continue in force, and all process be stayed accordingly until the appearance of the petitioner as hereinafter provided. ^ V. c. 10, s. 69, and Forms Nos. 1, 2, 3,-8 V. c. 48, ss. 1, 2. 188 1859. Insolvent Debtors Courts. Chap. 18. 2 2. If the petition and affidavit be not in the form pre- J^S^^f "''"?* scribed, the petition shall be dismissed. 8 V.c. 48, s. 2. be dismiase'd." *8. In case a debt of, or a claim upon, or balance due from wheo the a petitioner has been specified in his Schedule sworn to as ino^l^sciS aforesaid, at an amount which is not exactly the actual duies to be amount thereof, without any culpable negligence or fraud ^™^°"^^^- or evil intention on the part of the petitioner, the Judge shall allow the Schedule to be amended in that behalf ; and in every case in which an amendment of the Schedule is allowed, the petitioner shall be entitled to every benefit and protection of this Act ; and the creditor in that behalf shall be entitled. to the benefit of all the provisions made for cre- ditors by this Act, in respect of the actual amount of such debt, claim or balance, and neither more or less than the same. 8 Y. c. 48, s. 36. 4. If any petitioner dies after filing his Petition, the if ^ petitioner Judge may proceed in the matter of the petition for the dis- ceedingato"" covery and distribution of his property as if the petitioner continue aa if were living. 8 V. c. 48, s. 13. ''™^- 5. Any prisoner in execution upon a judgment obtained Any prisoner for the recovery of a debt, may be a petitioner for protection ma^petition from process under this Act, and every such petitioner, to under this whom an interim order for protection has been given, shall ^ certaitf^*^ not only be protected from process as provided by this Act, exceptiona. but also from being detained in prison in execution upon any judgment obtained in any action for the recovery of any debt mentioned in his Schedule. 6» If any such petitioner, being a prisoner in execution, A°y prisoner be detained in prison in execution upon any such judgment, may^petition the Judge may order any Officer who has the petitioner in under this custody by virtue of such execution, to discharge him out lo'^certam"* of custody as to such execution, without exacting any fee, exceptions. and such Officer is hereby indemnified for so doing, and no Sheriff", G-aoler, or other person whatsoever shall be liable to any action as for the escape of any such prisoner by reason of such 'his discharge ; and such petitioner so discharged shall, until the making of the final order, be protected by such interim order from all process for such time as the said Judge, by such interim order or any renewal thereof, thinks fit to appoint, in the same manner as if such petitioner had not been a prisoner in execution ; but after the time allowed by any such interim order or any renewal thereof, has elapsed, the petitioner shall not, by such discharge, be pro- tected from being again taken in execution upon the judg- ment, and the judgment shall remain in full force and eflect, notwithstanding such discharge. 8 V. c. 48, s. 11. 189 Chap. 18. Insolvent Debtors Courts. 22 Vict. When the petitioner a prisoner, the judge may- direct him to be brought up. T. Whenever any such petitioner is a prisoner under any Process, Attachment, Execution, Commitment, or Sentence, and is not entitled to his discharge in manner aforesaid, tte .Judge may, by Warrant under his hand, directed to the person in whose custody the petitioner is confined, cause him to be brought before such Judge for examination, at any sitting of the Court, either public or private, and the expense of bringing the petitioner shall be paid out of his estate, and such person shall l^e indemnified by the Warrant of the Judge for bringing up the petitioner. 8 Y. c. 48, s. 12. The protec- tion not to prevent the petitioner from being held to bail by judge's order. 8- Notwithstanding any protection granted under this Act the petitioner may be arrested or held to bail under the authority of a Judge's order for that purpose in cases in which a Judge's order -w^as necessary to authorize an arrest on civil process before the first day of September, one thousand eight hundred and fifty-eight 8 V. c. 4^, s 3, — 22 V. c. 96. When protec- tion granted, the judge shall appoint ofScial assignee in whom estate shall vest, &c. S>- Upon the presentation of any such petition and upon granting a protection thereupon, the Judge shall appoint an Official Assignee in w^hom all the estate and effects of the petitioner shall forthwith become vested, and such Official Assignee shall forthwith take possession of so much thereof as can be reasonably obtained and possessed without suit, and the said Official Assignee shall hold and stand posses- sed of the same in the manner and for the purposes herein- after mentioned. 8 Y. c. 48, s. 1. owner, to vest in assignee. Property in lo. If at the time of filing his petition, anv petitioner possession of i n .1 x j • • j? li 1 the petitioner has by the Consent and permission 01 the true owner as reputed thereof, in his possession, order or disposition, any goods or chattels whereof the petitioner is reputed owner, or whereof he has taken upon him the sale or disposition as owner, the same shall be deemed the property of the pe- titioner, so as to become vested in the Assignee or Assig- nees, for the time being, of his estate and effects. 8 Y. c. 48, s. 22. The judge 11. If any petitioner at the time of filing his petition, or ^ock held^by ^^ ^^J time before he becomes entitled to his final Order, petitioner to has any Grovemment stocks, funds, or annuities, or any of to assfguee?'^ ^he stock or shares of, or in any public company in Upper Canada, standing in his ow^n name, and in his own right, the Judge may order all persons whose act or conduct is thereto necessary, to transfer the same into the name of such Assignee or Assignees as aforesaid ; and all persons whose act or consent is so necessary, are hereby indemnified for all things done or permitted, pursuant to such order. 8 Y. c. 48, 8. 20. 190 1859. Insolvent Debtors Courts. Chap. 18. 4 12. The petitioner's wearing apparel, bedding, and ^^^f-^^^'^^^ other necessaries of himself and his family, and his work- rcertam"' ing tools and implements, not exceeding in the whole the amount, ex- value of eighty dollars, may be excepted in his petition this Act.'^°"' from the operation of this Act, and in snch case shall be excluded from its operation ; but such excepted articles, with the values thereof respectively, to be appraised if the Judge thinks fit and ascertained in such manner as he directs, must be fully and truly described by the petitioner in his Schediile, otherwise the exception thereof shall be of no force. 8 V. c. 48, s. 14. 13. After the filing of any petition for protection no dis- No distress for tress for rent made and levied upon the goods or effects of petiti^on^fiied the petitioner, shall be available for more than one year's to avail for rent accrued prior to the filing thereof, but the landlord or ™°a?srent°°^ party to whom the rent is due, may be a creditor for the previously overplus of the rent due, and for which the distress is not accrued. available, and shall be entitled to all the provisions made for creditors by this Act. 8 Y. c. 48, s. 23. 14. Except as herein otherwise directed, in all cases in Power to which it is made to appear to the satisfaction of the Judge con^ceaied that there is reason to suspect and believe that property of property of the petitioner is concealed iij any house or other place not Petitioners, belonging to such petitioner, such Judge shall grant a Search Warrant to the Sheriff" of the County, and the Sheriff", or his Deputy or other officer employed by him, shall exe- cute the warrant, according to the tenor thereof ; and the Sheriff, Deputy or other officer executing the same, shall be entitled to the protection allowed by law in the execution of a Search "Warrant for property reputed to be stolen and concealed. T V. c. 10, s. 49,-8 V. c. 48, s. 10. 15. The Judge may compel the attendance of and examine A judge may the petitioner and his wife, and every person known or sus- da™ce^of***^'^" pected to have any of the property of the petitioner in petitioner. possession, or who is supposed to be indebted to the petitioner, and any person whom the said Judge believes capable of giving any information concerning the person, trade, busi- ness or calling, dealings or property of the petitioner, or any information material to the full disclosure of his dealings, and may enforce both obedience to such examination and the production of books, deeds, papers, writings, and other documents, in like manner as might be done in a Superior Court of Law or Equity. 8 Y. c. 48, s. 10. 16- The Judge to whom any petition is presented shall, The judge to from time to time, make such orders as he deems right, respecting"^ touching the notice to be given to creditors of meetings and notice of examination, and the publication of the notice. 8 Y. c. 48, ^edit°of 3*°&c s. 4. 191 Chap !•*. Insolvent Debtors Courts. 22 YiCT. A majority of lY. A majority in number and value of the creditors, choose°a ™^^ who by themselves, or their Attorneys, duly authorized by creditors' Letters of Attorney in that behalf, attend at a meeting for assignee. .(.j^g choice of a creditors' Assignee, or at an adjournment thereof, shall, in the presence of a Judge, choose a creditors' Assignee ; but if the Judge deems the person so chosen un- fit to be such Assignee he may reject him, and he may re- move any Assignee, and thereupon another Assignee shall be appointed by him, or be chosen by the creditors (as the case may require), in the manner in this Act provided. 8 V. c. 48, s. 4. A. creditor en- 18. In all matters wherein creditors vote, or wherein the oniy'upon^the asseut Or dissent of creditors is exercised in pursuance of, or amount ap- in carrying into effect, this Act, every creditor shall be ac- Etai"''^'^"^*° counted a creditor in respect of such amount only as upon an account fairly stated between the parties, after allowing the value of mortgaged property, and other such available securities and liens, appears to be the balance due ; and all disputes concerning any such matters or amotint, shall upon application made, be examined into by the Judge who shall determine the same ; but the amount, in respect of which any such creditor votes in any such matter, shall not be conclusive of the ara.ount of his debt for any ulterior pur- poses of this Act. 8 V. c. 48, s. 19. 1S>- All sums of money payable by way of annuity or otherwise at any future time, by virtue of any bond, coven- ant, or other securities of any nature, shall be deemed debts within the meaning of this Act ; and every person who would be a creditor of any petitioner for protection from process for such sums of money, if the same were presently due, shall be admissible as a creditor of the petitioner for the value and no more of such sums of m.oney so payable as aforesaid, which value the Judge shall, upon application at any time made in that behalf, ascertain, regard being had to the original piice given for such sums of money, deduct- ing therefrom such diminution in the value thereof as has been caused by the lapse of time between the grant thereof to the lime of filing the petition ; and such creditor shall be entitled in respect of such value to the benefit of all the provisions made for creditors by this Act, without prejudice, nevertheless, to the respective securities of such creditor, excepting as respects the effect of the final Order which may be obtained by the petitioner under the provisions of this Act. 8 V. c. 48, s. 32. 20. If any assignee so chosen (or appointed) does not, within six days after notice thereof, signify his acceptance (in writing) and deliver the same to such Judge, his elec- tion (or appointment) shall be void, and the Judge shall from time to time proceed to appoint until the acceptance be duly signified, t V. c. 10, s. 29. 192 Sums payable on annuilies to be debts ■within this Act. The value of which the judge shall ascertain. If an assignee does not ac- cept within six days, an- other shall be appointed. 1859. Insolvent Debtors Courts. Chap. 18. 6 21- As soon as sucli acceptance is signified to the Judge Assignees ac- as aforesaid, he shall, by an instrument under his hand and appoTiited° by selal, declare the choice or appointment of such Assignees an instru- and their acceptance ; and the said instrument shall be ™^°*' executed in duplicate, one of which shall be lodged in the office wherein the other papers in the case are hereinafter required to be finally deposited, and the other shall be de- livered to the Assignees; and either of such duplicates, pur- Copies admis- porting to be under such hand and seal, shall be received ^g^^^,™ ^"' in all Courts in this Province as prima facie evidence that the same was executed on the day on which it purports to bear date, thafthe assignees named therein were duly chosen and appointed, and accepted the office, and that they are authorized to bring and defend actions and suits in that character. 1 V. c. 10, s. 30,-8 V. c. 48, s. 25. 22. Until an Assignee is chosen by the creditors of any Until assignee petitioner, the Official Assignee nominated by the Judge creXor's* the may act, and shall be the sole Assignee of the petitioner's official as- property, and, if the Judge so orders, may sell or otherwise th|''s^oie°a3- -dispose of such property or any part thereof, and make such signee. allowance out of the property for the support of the peti- tioner and his family, as the Judge directs. 8 V. c. 48, s. 15. 23. The property vested in any Official Assignee alone or if official as- jointly with any Assignee chosen by the Creditors, shall not propert'y vSt- if such Official Assignee resigns or is removed from his office, ed in succes- remain in such Official Assignee alone or jointly with the ^°^' °' Assignee so chosen, nor in the heirs, executors or adminis- trators of such Official Assignee, nor in the surviving Assign- ee alone, in case of the death of such Official Assignee, but all such property shall in every such case go to and be vested in the successor in office of such Official Assignee alone, or jointly with the Assignee chosen by the creditors (if any) as the case may be. 8 V. c. 48, s. 15. 24. "Whenever any petition is dismissed, all sales and if petition dis- dispositions of property and payments duly made, and all by as^'gnee^to other acts theretofore done by any Assignee or any person ^^ neTerthe- acting under his authority, or by any messenger or other ^^^^ ''^'"^' *=- person under the authority of the Judge, according to the provisions of this Act, shall be good and valid, but the pro- perty of the petitioner shall otherwise in such case revert to such petitioner ; and no suit shall be commenced or pro- secuted against such Assignee, messenger or other person acting as aforesaid, except to recover property of the peti- tioner detained after an Order made by the Judge for the delivery thereof and a demand made thereupon. 8 Y. c. 48, s. 15. 25. The Judge authorized to act in the matter of any Kemuneration "ion may direct remunerat' " 13 193 petition may direct remuneration to the Official Assignee °f offi<^'ai as- J^ _ _ J o gignee. Chap. 18. Insolvent Debtors Courts. 22 YiCT. The jadge to examine the petitioner or creditors or ■witnesses up- on oath, &c. for his services in the matter of such petition, but such remuneration shall in no case exceed the rate of forty dollars per centum on the sum received as the proceeds of the pro- perty of the petitioner. 8 Y. c. 48, s. 42. 26. A Judge shall, on the day appointed for that purpose, examine upon oath the petitioner and any creditor who attends the examination, or any witness whom the petitioner or any creditor calls ; and such Judge may summon to be examined before him any debtor or creditor of such peti- tioner, or any other person whose evidence appears necessary for the foregoing enquiry. 8 V. c. 48, s. 4. The judge 27. The Judge may, by Warrant under his hand and pSftionerfor^ seal. Commit to prison, for such time as he thinks fit, not prevarica- exceeding one month, any petitioner who prevaricates or *'°°' makes any false statement before him. 8 V. c. 48, s. Y. The judge 28. The Judge may, by writing under his hand, summon ™SuesBe™&c. ^^J witness or person, other than the petitioner, to be examined before him on oath or affirmation to be taken before him, respecting the examination of the petitioner or any other matters that may arise under any such petition, and may enforce the attendance of and compel such witness or person to answer by the like means and to the same extent as may be done in the case of a contumacious witness in the Superior Courts of Common Law. 8 V. c. 4^, ss. 1, 1,—1Y. c. 10, s. 36. And enforce attendance and compel answer. Th^ judge 29. The Judge may, at the first examination of the peti- order for^ro- tioncT, and afterwards from time to time, renew the order tection. for protection, until the final order for protection and dis- tribution. 8 V. c. 48, s. 6. If the petition- er's debts were con- tracted by frand, breach of trust or by other culpable misconduct, the judge shall not make final order. SO. In case on the day for the first examination of the petitioner, or at any adjournment thereof, it appears to the Judge that the debts of the petitioner, or any of them, were contracted by any manner of fraud or breach of trust, or by any prosecution whereby he had been convicted of any ofience, or w^ithout his having at the time a reasonable or probable expectation of being able to pay such debt or debts, or that such debts, or any of them, were contracted by reason of a judgment in any proceeding for breach of the revenue laws, or in any action for breach of promise of marriage, seduction, criminal conversation, libel, slander, assault, battery, malicious arrest, malicious suing out a fiat of bankruptcy, or malicious trespass, or that the petitioner has parted with any of his property since the presenting of his petition, the Judge shall not in any such case name any day for making such final Order, or renew such interim Order. 8 V. c. 48, s. 31. 194 1859. Insolvent Debtors Courts. Chap. 18. 8 31. In every such case wherein the petitioner has been And if peti- a prisoner in execution and discharged out of custody by pHsoner^he* order of the Judge under the provision herein in that behalf shall be re- contained, the petitioner shall be remanded by an Order ™'*'i'*<''^- from the Judge to his former custody. S2. If none of the matters aforesaid so appear, and the if all appears Judge is satisfied that the petitioner has made a full dis- '^■^^al may covery of his estate, effects, debts and credits, the Judge give notice may cause notice to be given that on a certain day to be nameThe \ri5 therein named, he will proceed to make a final Order, unless make a final cause be shown to the contrary. 8 V. c. 48, s. 31. order ■/■m. 33. The Judge may, at the time appointed for making Final order the final Order or at any adjournment thereof, adjourn the ^^^a&^sine consideration of such final Order sine die. 8 V. c. 48, s. 33. die. 34. If for any of the causes aforesaid, no day be named if no day for making the final Order, or if the consideration of such "amed for final Order be adjourned sine die, or if such final Order be judge may' refused, then, after the expiration of such time subsequent make order to the filing of the petition, as the Judge, having regard tection of°the to all the circumstances of the insolvency and the conduct petitioner, &c. of the petitioner as an insolvent debtor before and after his insolvency, thinks just, and after hearing the petitioner or any of his creditors, or his or their Counsel or Attorneys, the Judge may make an Order to protect the petitioner from being taken or detained under any Process whatever for or in respect of the several debts and sums of money at the time of filing his petition due, or claimed to be due, from the said petitioner to the several persons named in his Schedule as creditors or as claiming to be creditors, for the same respectively, or for which such persons should have given credit to the petitioner before the time of filing his petition and which were not then payable, and as to the claims of all other persons not known to the petitioner at the time of making such Order, who may be endorsers or holders of any negotiable security set forth in the said Schedule. 8 Y. c. 48, s. 34. 35. If it appears to the Judge — 1, that the allegations in On being the petition and the matters in the Schedules are true — and the'p^titio''a^* 2, that the debts of the petitioner were not contracted by er's debts any manner of fraud or breach of trust — and 3, that he has ^aoted°with- not been convicted of any offence — and 4, that such debts ont fraud, were not contracted without his having at the time reason- &<>., the judge able assurance of being able to pay his debts — and 5, that final order of such debts were not incurred by reason of any judgment or Protection. proceeding for breach of the Revenue Laws, or of any action for breach of promise of marriage, seduction, criminal con- versation, libel, slander, assault and battery, malicious ar- 13i 195 9 Chap. 18. Insolvent Debtors Courts, 22 Vict. rest, malicious suing out a fiat in bankruptcy, or malicious trespass— and 6, if it also appears that the petitioner has made a full discovery of his estate, effects, debts and credits, and has not parted with any of his property since the presenting of his petition, the Judge may cause notice to be given that on a certain day to be named therein, he will, unless cause be shown to the contrary, proceed to make an order in the form No. 4, which order shall be called a final order, and shall be for the protection of the person of the petitioner from all Process, and for the vesting of his estate and effects in the Official Assignee named by such Judge, together with an Assignee chosen by the majority in number and value of the creditors who attended before the Judge on the day ap- pointed by him for that purpose, or for the carrying into effect any proposal which the petitioner may have set forth in his petition as hereinbefore provided. 8 V. c. 48, s. 4. And may 36. The Judge without further notice may from time to time adi'ourn *™® adjourn the consideration of such final Order, and he the same. may in such final Order direct some allowance to be made for the support of the petitioner out of his estate and effects. 8 Y. c. 48, s. 4. Effect of final 37. The final Order, under the provisions of this Act, order. shall protect the person of the petitioner from being taken or detained under any Process whatever in respect of the several debts and sums of money at the time of filing his petition due or claimed to be due from such petitioner to the several persons named in the Schedule as creditors or as claiming, to be creditors for the same respectively, or for which such persons gave credit to the petitioner before the time of filing such petition and which were not then payable, or in respect of the claims of any other persons not known to the petitioner at the time of making the final Order who may be endorsees or holders of any negotiable securities set Form and con- forth in such Schedule ; and every such final Order may be order." "^^ made without specifying therein any such debts or sums of money, or claims as aforesaid. 8 V. c. 48, s 29. If petitioner 38. If any petitioner, being a prisoner in execution at the exe^cution^the t™© o^ filing his petition, is detained in prison for any debt judge may or claim in respect of which he is protected from process by charge'"^ '^'^' ^^® final Order, the Judge may order any officer who has such petitioner in custody by virtue of such execution, to discharge such petitioner without exacting any fee, and such officer is hereby indemnified for so doing. 8 V. c. 48, s. 30. If petitioner gg. If the petitioner has been taken or detained under anv arrested for t,-^ n tt.i i-- ipt-i debt, the process Whatever, lor any debt or claim m respect of which Judge rnay he is protected from process by such Order as last aforesaid, charge.'^ '^' the Judge may order the officer who has such petitioner in custody to discharge such petitioner therefrom without 196 1859. Insolvent Debtors Courts. Chap. 18. 10 exacting any fee, and such officer is hereby indemnified for obeying such order. 8 V. c. 48, s. 35. 40. If any siiit or action be brought against any petitioner pinal order for or in respect of any debt contracted before the date of ™^7 ''^^ P'^*"^' filing his petition, it shall be a sufficient plea in bar of the said suit or action, that a petition was duly presented and a final Order for protection and distribution made by a Judge duly authorized, whereof the production of the Order signed by the Judge, with proof of his handwriting, shall be suffi- cient evidence. 8 Y. c. 48, s. 24. 41. In case at any time after the final Order has been After final made, a creditor or the Official or other Assignee gives one fudge may mouth's notice to the petitioner either by personal service, under certain or if he cannot be found, by service at the place of his resi- ces" anr^fter dence mentioned in his notice of petition, that such Creditor due notice, intends to apply by motion to the Judge, or in case of his uie'same!"'^ death, resignation or removal, to the Judge appointed to succeed him, that the final Order be rescinded as far as relates to the protection of the petitioner's person from pro- cess, and as far as relates to the effect of such order in bar of actions ; and in case such notice has been published twice in the Canada Gazette and twice in the same paper in which the notice of the petition was given, or in some other paper circulating in the same County, and in the event of a Creditor being the applicant, if he has served the Official and other Assignee with one month's notice to attend the said Judge, the said Judge shall hear the matter of surh motion and any evidence in support of it, and what the petitioner has to allege against it, and any evidence against it, and shall examine the petitioner if he desires to be exam- amined, or if the Judge thinks fit, — then in case the Judge sees reason to believe that the petitioner had not before the making of such final Order made a full disclosure of his estate, effects and debts, or since the making of such order had not given notice to the Assignees of any property after acquired by him, the Judge shall make such rescinding order as is hereinbefore mentioned ; and the said Judge, in case he refuses to make a rescinding order, may order the petitioner's costs of the application to be paid by the creditor who made the motion, or by the assignee chosen by the creditors in case he made the motion, but not out of the Petitioner's estate and effects. 8 V c. 48, s. 26. 42. After the issue of the final order, the whole estate Property and present, and subject to the provisions hereinafter contained, 'etftioner to the future estate as well real as personal, and all the effects, ■^eat in as- and all the credits of the Petitioner, shall, without any deed ^'snees. or conveyance, become absolutely vested in the Official Assignee and the Assignee chosen by the creditors, which Assignees shall hold the same for the purposes of this Act, 191 11 Chap. 18. Insolvent Debtors Courts, 22 Vict. and may sue and be sued respecting the same. 8 V. c. 48, s. 8. Effects of pe- titioner at the date of the final order alone liable for his debts, unless other- wise ordered. 43. No other estate, real or personal, eiFeots or credits of any such petitioner other than those of which he was pos- sessed or entitled to at the date of the final order, shall, un- less otherwise ordered as hereinafter provided, be liable to or applicable in satisfaction of the debts hereinbefore men- tioned. 8 y. c. 48, s. 8. Under what 44. The Assignees may, at any time after the final order, ces property claim and demand from the petitioner any estate and effects acq^uired by acquired by him after such order has been made, and all after'finai such estate and effects, of what kind soever and whereso- order, to vest ever situate, shall be absolutely vested in such Assignees m assignees, ^p^^^ their filing a copy of their claim after being served upon the petitioner personally, or by leaving it at the place of residence mentioned in his notice of petition, and they shall hold the same in like manner as they held the estate and effects of the petitioner transferred by force of the final order, as hereinbefore provided. 8 V. c. 48, s. 9. If so ordered by a judge. 45. No Assignee shall take possession of any estate or effects which the Insolvent acquired or became possessed of after the final order herein mentioned was made, except by an order of the Judge for that purpose, and then only to the extent and at the time and in the manner directed by such order, and after giving such notices and doing such acts as by the orders and regulations, made under the authority of this Act, are required and directed in that be- half 8 V. c. 48, s. 9. Power of as- signees over the same. 46. In case any such Assignee has died or been lawfully removed and a new Assignee has been duly appointed, all estate, .real and personal, and such effects and credits as were or remained vested in such ■ deceased or removed Assignee shall, without any deed or conveyance, vest in the new Assignee, either alone or jointly with the existing Assignees, as the case may require, and every such Assignee shall be deemed an Officer of the Court in which the peti- tion is filed, and shall be liable as such to the control thereof ; but the property of the Petitioner shall in every case be possessed and received by the Official Assignee alone, unless otherwise ordered by the Judge. 8 Y. c. 48, s. 8. The Court of Chancery may make orders for securing the property of petitioners. 47. The Chancellor and Vice-Chaucellors of Upper Can- ada, may, from time to time, make such orders, rules and regulations for the security of the property of the Petitioner, as they may judge reasonable and proper. 8 V. c. 48, s. 8. 198 1859. Insolvent Debtors Courts. Chap. 18. 12 •4S. All powers vested in any Petitioner whose estate Powers of has, under the provisions of this Act, been vested in an orer Ms estate Assignee or Assignees, which such Petitioner might legally to vest in the execnte for his own benefit, are hereby vested in such As- ^-^'S^^^^- signee or Assignees, to be by such Assignee or Assignees executed for the benefit of the creditors of such Petitioner vinder this Act, in such manner as such Petitioner might have executed the same. 8 Y. c. 48, s. 16. 49. The Assignee or Assignees of the Petitioner may. The assignees from time to time, as there may be occasion, sue in his or ^eir^owrTor their own name or names, for the recovery and enforcing of in the peti- any property or rights of such Petitioner, but in trust for ^^°"'^''''°'^' the creditors of the Petitioner under this Act, and may give such discharge as may be requisite to any person indebted to such Petitioner, and may make compositions with any debtors or accountants to the Petitioner where the same ^'i? ™ay T ,1 1 -, ^ i p make compo- appear necessary, and may take such reasonable part oi any sitions with such debts as can upon such composition be gotten, in full debtors. discharge of such debts and accounts, and may submit to arbitration any difference or dispute between the Assignee or Assignees and any person or persons for or on account or by reason of any matter or thing relating to the property of the Petitioner. 8 V. c. 48, s. 18. 50. No such composition or submission or arbitration Circumstau- shall be made nor shall any suit in equity be commenced trjusTifiy a"^ by any such Assignee or Assignees, without the approba- composition tion of the Judge nor without the consent in writing of the ""^ a^^tiitration. major part in value of the creditors of the Petitioner, ex- pressed at a meeting held pursuant to a notice thereof, pub- lished in the Canada Gazette, at least fourteen days before the meeting, and also in some newspaper usually circulated in' the neighbourhood of the place where the Petitioner had his last usual residence before the filing of his petition. 8 V. c. 48, s. 18. 51. "Whenever any Assignee dies, resigns, or is removed, Death of as- or a new Assignee is duly appointed, no action at law or iiferfer°e°with suit in equity shall be thereby abated, but the Court in suits then which any action or suit is depending may, upon the . sug- P'^'^'^^s- gestion of such death, resignation or removal and new appointment (if any), allow the name or names of the sur- viving or new Assignee to be substituted in the place of the former, and such action or suit shall be prosecuted in the name or names of the said surviving or new Assignee in the same manner as if he had originally commenced the same. 8 Y. c. 48, s. 21. 52. If at the expiration of twelve months from the filing Debts due to of any petition, there remains any outstanding debts or S,ay bTsSd other property, due or belonging to the estate of the peti- after expira- 199 13 Chap. 18. Insolvent Debtors Courts. 22 Vict. tion of twelve tioner "which cannot, in the opinion of the Judge, be collected ™°"^ ■*' and received without unreasonable or inconvenient delay, the Assignees under the direction of the Judge, may sell and assign such debts and other property in such manner as may be ordered by the Judge. 8 V. c. 48, s. 38. If assignees 53. i^ case the petitioner is entitled to any lease or agree- of prtitiouOT, nient for a lease, and his Assignee or Assignees accept the the petitioner same and the benefit thereof as part of the petitioner's pro- Habie. '^^™*'" perty, the petitioner shall not be liable to pay any rent accruing after the filing of his petition nor be in any man- ner sued after such acceptance in respect of any subsequent non-observance or non-performance of the conditions, coven- ants or agreements therein coatained. 8 V. c. 48, s. l*?. If assignees decline ac- cepting a lease, what course the lessor or con- tractor may- adopt. 54. In case the said Assignee or Assignees, upon being re- quired so to do, decline to determine whether he or they will or will not accept such lease or agreement for a lease,the lessor or person agreeing to make the . lease, his heirs, executors,, administrators or assigns, may apply to the Judge praying that such Assignee or Assignees may either accept the same or deliver up such lease or agreement for a lease and th& possession of the premises demised or intended to be demised ; and the Judge shall thereupon make such order as under all the circumstances of the case seems meet and just, and such order shall be binding on all parties. 8 V. c. 48, s. 17. 55» "Where a conveyance or assignment of any real or personal property of a petitioner requires to be registered, enrolled, or recorded in any Registry or other office in Upper Canada, the certificate of the appointment of an Assignee or Assignees, as provided by the twenty-first section of this Act, shall be registered in the Registry Office or place wherein such conveyance or assignment requires to be registered, enrolled, or recorded. 8 V. c. 48, s. 8. 56. The registry hereby directed shall have the like effect to all intents and purposes as the registry, enrollment or recording of such conveyance or assignment as last afore- said would have had ; and unless the certificate of such ap- pointment be registered as aforesaid within two months from the date of such appointment,the title of any purchaser of any such property as last aforesaid for valuable consideration,who has duly registered, enrolled, or recorded his purchase deed previous to the registry hereby directed, shall not be invalida- ted by reason of the appointment of an Assignee or Assignees as aforesaid, or of the vesting of such property in him or theln consequent thereupon. 8 V. c. 48, s. 8. Any transfer 57. If the petitioner, in contemplation of his becoming m cratempia- insolvent, or being in insolvent circumstances, and either tion of insoi- before or after the filing of his petition, voluntarily con- 200 When regis- tration leces- sary upon the transfer of property, real or personal, the iastru- ment men- tioned in in section 21 to be register- ed in lieu of a coQveyance. Effect of such registration and conse- quences of neglect. 1859. Insolvent Debtors Courts. Chap. 18. 14 veys, assigns, transfers, charges, delivers, or makes over any vency or after estate, real or personal, or any security for money, bond, to'bf void?°°' bill, note, money, goods or efiects "whatsoever, to any credi- tor or to any person in trust for or to, or for the use, benefit or advantage of any creditor, or to any person who is or may be liable as surety for the petitioner, every such convey- ance, assignment, transfer, charge, delivery and making over shall be deemed fraudulent and void, as against any Assignee or Assignees of the estate and effects of the peti- tioner, appointed under the provisions of this Act ; but no such conveyance, assignment, transfer, charge, delivery or making over, shall be deemed fraudulent and void, if made by the petitioner more than three months before the filing of the petition and not with the view and intention of petitioning the Court for protection from Process. 8 Y. c. 48, s. 27. 58. In all cases where any petitioner, whose estate has Effect of a been vested in an Assignee or Assignees, under the provi- ?udgmen°bT sions of this Act, has given any Warrant of Attorney to con- a petitioner, fess judgment, or any Cognovit actionem, or Bill of Sale, *''• whether for a valuable consideration or otherwise, no per- son shall, after the filing of the petition of such petitioner, avail himself of any execution, issued upon any judgment obtained upon such Warrant of Attorney or Cognovit acti- onem, either by seizing or selling the property of the peti- tioner, or any part thereof, or by selling any of such property theretofore seized, or any part thereof, or avail himself of such Bill of Sale ; but any person to whom any sum of money is due in respect of any such Warrant of Attorney, Cognovit actionem, or Bill of Sale, may be a creditor for the amount under this Act. 8 V. c. 48, s. 28. 59. Whenever, after an Audit, there appears to the Judge When divi- to be in the hands of the Official Assignee any balance decilrld^nd^ wherewith a dividend may be made, proceedings shall be made. had forthwith, under the direction of the Judge, for making such dividend, and also when it appears necessary, for cor- recting and ascertaining the list of creditors entitled to receive the same. 8 Y. c. 48, s. 3*7. 60. Notice of any sitting of the Court ordered to be held Notice to be for such ascertaining of debts, or for an Audit, or for declar- ^|^for it ing a dividend thereupon, or for all such purposes, shall be daring divi- given for such time and such manner as the Judge from ^^^^' ^'^*'*' time to time directs. 8 Y. c. 48, s. 3^. 61- Such dividend shall be made amongst the creditors wiio entitled of the petitioner, whose debts are admitted in his Schedule, ^MdendsT sworn to by the petitioner, and amongst such other credi- tors (if any) who prove their debts in pursuance of an Order of the Judge made in that behalf, in proportion to the 201 15 Chap. 18. Insolvent Debtors Courts. 22 Vict. If disputed, the judge to decide. amount of the debts so admitted or so admitted and proved, as the case may be. 8 Y. c 48, s. 3*7. 62* If the petitioner, or any creditor or assignee, objects in whole or in part to any debt tendered to be so proved as aforesaid, or to any debt mentioned in the Schedule of the petitioner, or if any person whose demand is stated in such Schedule but is not admitted therein to the extent of such demand, claims to be admitted as a creditor to the extent of such demand, or for more thereof than is so admitted, the said objections and claims shall, upon application duly made, be examined into by the Judge, and the decision of the Judge thereupon shall be conclusiA'^e with respect to the title of such creditor or creditors to his or their share of such divi- dend. 8 Y. c. 48, s. SI. The judge may require creditors to prove their debts. 63. If in any case it appears expedient, the Judge may, at any time, by such notice as he directs in that behalf, cause all or any of the creditors to prove their debts in such manner as he may require, and the Judge may decide upon such debts and the right to receive dividends thereupon, and do all things requisite thereto, as aforesaid. 8 Y. c, 48, s. 31. County court 61. The Judge of every County Court may from time mafe^rSes ^o time make such orders, rules and regulations as he and orders for thinks fit, for the better carrying this Act into execution, obfects of this ^^^ particularly for regulating and appointing the duties of Act. the Official Assignees and of the other Assignees, the audit- ing of their accounts, the collecting of the debts, and the realizing of the estate and efiects of the petitioner, and the notification of the time of hearing petitions or motions in the Canada Gazette or otherwise. 8 Y. c. 48, s. 39. And may en- force rules and orders and, if need be, fine and imprison, Ac. ©5. The Judge may enforce the performance of any order, rule or regulation made in conformity to the next preceding clause, and in his discretion, may fine or imprison, or both fine and imprison for any wilful non-observance of the same and may, by attachment, compel the payment of any costs which he is authorized to order, in the same manner, and as fully as he could do acting as a judge in the County Court. 8 Y. c. 48, s. 40. Courts maT ®**' ^^''^ Majesty's Superior Courts of Common Law may make Table of from time to time regulate and establish a Table of Costs for Costs. any matter to be done under this Act, and the table of costs already provided by rule of the Court of Queen's Bench shall continue unless altered under the provisions of this Section. (See Rule Q. B Hilary Term, 9 V.)~ 8 Y. c. 48, s. 41. Petitions or copies receiv- able in evi- GT. Any petition and any proceeding in the matter of such petition purporting to be signed by any such Judge, 202 1859. Insolvent Debtors Courts. Chap. 18. 16 or a copy of suet petition or other proceeding purporting to dence, being be so signed, shall, in all cases, be receivable as evidence of by the' judge. such proceedings having respectively taken place. 8 V. c. 48, s, 43. 68. In the case of any person who was a trader within Effect of final the meaning of the Act relating to Bankrupts, seven Vic- taki^^gpeclal" toria, chapter ten, before the passing thereof, and who was cases. excluded from its operation by reason of his having before that time failed in his business under such circumstances that had the failure taken place after the passing of the said Act, he could have availed himself of the provisions thereof while in force, the final order shall, in addition to its other effects, operate as a discharge of all debts due up to the day of his filing his petition as fully and to the same extent as if such trader had obtained a certificate under the said Act relating to bankrupts ; but since the expiration of the said Act (except as continued for special purposes) this Act shall not entitle any such trader now to file a petition, and avail himself of this section, unless he could have filed a petition under the Statute eighth Victoria, chapter forty- eight, and have availed himself of the fifth section thereof had that Act not been repealed. 8 V. c. 48, s. 5. 69. All traders within the meaning of the Bankrupt Certain trad- Act, passed in the seventh year of Her Majesty's Eeign, mlanine'of'^* intituled, An Act to repeal an Ordinance of Lower Canada, the former intituled, an Ordinance concerninor Bankrupts and the adminis- '^\'^f/j^*4u* J . 7 7. J -I ,. ,- .7 • . . 7 ^ 7 , entitled to the tration and distribution of their estate and effects, and to make benefit of this provision for the same object throughout the Province of ^'^*- Canada, who, while that Act was in full force in Upper Canada, did, at the request of some of their creditors, testi- fied by their being parties thereto, execute bond fide and without fraud, assignments of all their property for the benefit of their creditors or such of them as might choose to come into such assignments, may avail themselves of the benefit of this Act on their taking the steps and proceedings herein set forth for obtaining their discharge. 14, 15 V. c. 116, s. 1. 70. As to such persons, the order called the final order Eff'ect of final shall, in addition to its effect, as mentioned in the thirty- °asea. '" ^""^ fifth section of this Act, operate as a discharge of all debts due up to the date of the assignment in each case respec- tively, as fully and completely and to the same extent as if such traders respectively had obtained a certificate under the Bankrupt Act hereinbefore mentioned. 14, 15 V. c. 116, s. 2. 71. The following are the forms referred to in the fore- Forms. going sections of this Act : — 203 It Chap. 18. Insolvent Debtors Courts. 22 ViCT. . (No. 1.) FOEM OF NOTICE. I, A. B., at present, and for . months past, resid- ing at , in the Township of , in the County of , and being {here set forth the descrip- tion of the Debtor and his pr Session or calling, if any,) do hereby give notice that I intend to present a petition to , Judge of the County Court for the County of , praying to be examined touching my debts, estate and effects, and to be protected from all Process, upon mak- ing a full disclosure and surrender of such estate and effects for payment of my just and lawful debts ; and I hereby further give notice, that the time when the matter of the said Petition will be heard is to be advertised in the Canada Gazette, and in the newspaper, one month at the least after the date hereof. As witness my hand, this day of , in the year (No. 2.) FOKM OF PETITION FOR PROTECTION FROM PROCESS. To the Judge of the County Court of the County of The humble Petition of (jwser^ at full length the name, address and quality of the Petitioner, an I also the trade or business, or if more than one, the trades or businesses which he carries, or has carried on during his twelve months'' residence within the County of the Court), — Sheweth : 1. That your Petitioner has resided twelve months within the County of this Honorable Court, that is to say {insert the places and periods of residence) ; 2. That your Petitioner has become indebted to divers creditors, whose names are inserted in the Schedule A {or, as the case may be,) to this Petition annexed, and that he is unable to pay his debts in full ; 3. That your Petitioner has examined the said Schedule, and that such Schedule contains a full and true account of your Petitioner's debts and the claims against him, with the names of his creditors and claimants, and the dates of contracting the debts and claims severally, as nearly as such debts can be stated, the nature of the debts, claims and securities {if any), given for the same, and that there is reasonable ground in his belief lor disputing so much of the debts as are thereby mentioned as disputed ; and also a true account of the nature and amount of his property, and an inventory of the same, and of the debts owing to him with their dates as nearly as such dates can be stated, and the names of his debtors, and the nature of the security ((fawj',) which he has for such debts ; and that the said Schedule 204 1859. Insolvent Debtors Courts. Ghap. 18. 18 also contains a balance-sheet of so much of his receipts and expenditure as is required by this Honorable Court in that behalf, and doth fully and truly describe the wearing apparel, bedding and other necessaries of your Petitioner and his family, and his working tools and implements ; 4. That your Petitioner has not parted with or changed any of his property (except for the necessary support of him- self and his family, and the necessary expenses (not exceeding dollars) of this his Petition, or in the ordinary course of trade,) at any time within three months of the date of filing this his Petition, or at anytime with a view to this Petition ; 5. That your Petitioner is desirous that his estate should be administered under the protection and direction of this Honorable Court, and that he verily believes such estate is of the value of dollars at the least, unencumbered, and beyond the vakie of his wearing apparel and other mat- ter which your Petitioner is authorized to except by law, and that the same is available for the benefit of his creditors ; 6. That your Petitioner submits to this Honorable Court the proposal for the payment of his debts contained in the said Schedule. {Omit this paragraph if no special proposal) ; 7. That your Petitioner is ready and willing to be exam- ined from time to time touching his estate and effects, and to make a full and true disclosure and discovery of the same ; 8. Your Petitioner therefore prays such relief in the pre- mises as, by the Statute for the relief of Insolvent Debtors, may be adjudged by this Honorable Court. And your Petitioner shall ever pray, &c., &c. Signed by the said Petitioner, on the day of , one thousand eight hundred and , in the presence of Attorney or Agent in the matter of the said Petition. (No. 3.) AFFIDAVIT VERIFYING PETITION AND SCHEDULE. A. B., of , the Petitioner named in the Petition hereunto annexed [if the Petitioner affirm, alter accordingly,) maketh oath and saith — That the several allegations in the said Petition, and the several matters contained in the Schedule hereunto annexed are true. Sworn, &c. (No. 4.) FINAL OBDEE, FOE PROTECTION FROM PROCESS. In the Insolvent Court for the County of In the matter of the Petition of , of in the of , an Insolvent Debtor ; ,of 205 19 Chap. 18. Insolvent Debtors Courts. 22 ViCT. Be it remembered that the said , having pre- sented his Petition for protection from process to this Honor- able Court, and such Petition having been duly filed in Court, and the said Petitioner having duly appeared and been examined touching his debts, estate and effects, and it appearing that the said , by virtue of the Statute in that case made and provided, is entitled to the protection of his person from being taken or detained under any Process whatever in respect of the seve- ral debts and claims hereinafter mentioned, a final Order is hereby made to protect the person of the said from being taken or detained under any Process whatever in respect of the seve- ral debts or sums of money due or claimed to be due after the time of filing his Petition, from the said Petitioner to the several persons named in his Schedule as creditors or as claiming to be creditors for the same respectively, or for which such persons had given credit to the said Petitioner before the time of filing his Petition and which were not then payable and as to the claims of all other persons not known to the said Petitioner, at the time of making this Or- der who may be endorsees or holders of any negotiable secu- rity set forth in his said Schedule ; and it is hereby directed that the proposal of the said Petitioner, set forth in his Peti- tion, for the payment of his debts, be carried into effect in the follofwing manner, that is to say : {here state particularly the manner in which the same is to be carried into effect) Griven under my hand, this day of one thousand eight hundred and (Signed,) Judge of the County Court of the County of .^^ OTTAWA: Printed by Bkown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 206 CHAP. XIX. An Act respecting the Division Courts. |_| EE Majesty, by and with the advice and consent of the -'-*- Legislative Conncil and Assembly of Canada, enacts as follows : * * * * * 173. No protection, order or certificate granted by any Party com- Court of Bankruptcy, or for the relief of insolvent debtors, "JSarged shall be available to discharge any Defendant from any for insol- order of "commitment as aforesaid. 13, 14 Y. c. 53, s. 95, '^^"'^y- the end. * * * * * OTTAWA : Printed by Brown Chambbrlin, Law Printer to the Queen's Most Excellent Majesty. 207 CHAP. XXI. An Act respecting tlie Practice and Procedure in Suits instituted on behalf of the Crown, in matters relating to the Revenue and the repeal of Letters Patent. |_ J EE Majesty, by and with the advice and consent of the -*--*- Legislative Oouncil and Assembly of Canada, enacts as follows : Commissions, 1. Every Commission, Extent, Writ, or other Process may b*e' issued issued from either of the Superior Courts of Common Law and be return- for Upper Canada by or on behalf of the Crown, may be tion.'° ^^'^^' tested, made returnable and be returned on any day certain in Term or Yacation to be named in such Commission, Extent, Writ or other Process. 20 Y. c. 2, s. 1. Rules may be issued and proceediugs liad in vaca- tion. 2. At the return of any such Commission, Extent, Writ or other Process, the like rules may be given, and such other proceedings had, and such subsequent Writs and Process issued, at any time in Yacation, as may be given, had or issued in Term time. 20 Y. c. 2, s. 1. Writs issued 3. pi very Commission, Extent, Writ or other Process, rule valid as \Aa^ and proceeding issued or had in Yacation, shall be as valid term time. and. eflFectual as if the same had been issued or had in Term. 20 Y. c. 2, s. L 4. Nothing herein contained shall extend to alter the " "" 20 Y. c. 2, s. 1. Time for filing pleadings, not , . „ ^t - ^ j • altered. time foT nling any pleadings. If goods seiz- 5. In case a person enters a claim to any goods seized the exchequer under any Extent, or returned as forfeited (which he may practice in do in Yacation), the further proceedings shall be according to the ordinary practice of the Court of Exchequer in Eng- land. 20 Y. c. 2, s. 1. England to .govern. Attorney Ceneral may recover costs in revenue cases. 6. In case in any information, action, suit and other legal proceeding before any Court or Tribunal whatever in Upper Canada, by or on behalf of the Crown, against any Corporation or person, in respect of any lands, tenements or hereditaments, or of any goods or chattels belonging to or accruing to the Crown, or standing or being in the name of Her Majesty, or in respect of any sum of money due and 208 coTer 1859. Procedure in Crown Cases. Chap. 21. •owing to Her Majesty, by virtue of any vote of Parliament for the service of the Crown, or o[ any Act of Parliament relating to the public Revenue, or in any manner whatso- ever, judgment be given for the Crown, Her Majesty's At- torney General for Upper Canada may recover costs, in the same manner as and under the same rules, regulations and provisions that apply to the payment or receipt of costs in proceedings between Subject and Subject. 20 V. c. 2, s. 2. 7. If in any such information, action, suit or other pro- Defendant ceeding, judgment be given against the Crown, the defen- ^^■[/fn ~ dant may recover costs, in like manner and subject to the euue cases. same rules and provisions as though such proceeding had been had between Subject and Stibject ; And the Eeceiver Greneral shall pay such costs out of any moneys roted by Parliament for that purpose. 20 V. c. 2, s. 2. 8. The Judges of the Superior Courts of Common Law Superior in Upper Canada, or any four of them, of whom the Chief commouLaw Justices shall be two, may make such general rules and to make rules, orders for the regulation of the pleadings and practice on *•=■ informations, suits and other proceedings instituted by or on behalf of the Crown, in Her Majesty's Courts of Common Law in Upper Canada, and may frame such writs and forms of proceedings, as to them seem expedient. 20 Y. c. 2, s. 3, y. All such rules, orders orregulations shall immediately Rules to be "" " ■" -.~ jg^jij before Parliament. upon the making of the same be transmitted to the Grover- ^^^'^ before nor and be by him laid before both Houses of Parliament, if Parliament be then sitting, or if Parliament be not sitting then, within five days after the next meeting thereof 20 V. c. 2, s. 3. lO. No such rule, order or regulation shall have effect Not to have until three months after the same has been so laid before ^^^tts'after both Houses of Parliament. 20 V. c. 2, s. 3. laid before Parliament. 11- Any rule, order or regulation so made shall, from Rules to be and after such time, be binding and obligatory on all Courts bi^i^^g! *=• •of Common Law andon all Courts of Error or Appeal into which any Judgment' of the said Courts may be carried. 20 V. c. 2, s. 3. rnor 12» At any time within three months next after such The Gove rules, orders and regulations have been laid before Parlia- or Houses of ment, the Grovernorin Council, by Proclamation inserted in may's^uspend the Canada Gazette, or either of the Ho^^ses of Parliament, rules. by Resolution passed, may suspend the whole or any part of such rules, orders orregulations ; in either of which cases the whole, or the part thereof so suspended, shall not be binding on the Superior Courts, or on any other Court of Common Law, or Court of Error or Appeal. 20 V. c. 2, s. 3. 14 209 Chap. 21. Procedure in Crown Cases. 22 Vict. flourt of Chancery and Superior Courts may issue writs of Scire Facias in the manner, &c., as the Court of Chancery in England. 13. Notwithstanding the want of enrolment, it shall be lawful for the Court of Chancery, or either of the Superior Courts of Common Law to issue Writs of Scire Facias to repeal Letters Patent, grant or other matter of Record under the Great Seal, in the same manner and under the same restrictions, as near as may be, as such "Writs are now issu- able from the Court of Chancery in England ; and all the proceedings thereafter shall be, as near as may be, the same as in England. 22 V. c. 97, s. 1. Exempiifica- 14. Before the issue of any such writ of Scire Facias, the patent, &c.,^to party making application for the same shall, in addition to the be filed, and Fiat of the Attorney General, file in the Court from which the ney General' Writ is to be issued an exemplification under the Great Seal of to be obtained the Province of the Letters Patent, grant or other matter of re- i, „„,. QQj.^ upon which the said Writ of Scire Facias is to be founded. 22 V. c. 91, s. 2. before writ issues. Judges to meet aud make rules and orders under this Act. 15. The Judges of the said Court of Chancery and of the said Superior Courts of Common Law, or any six of them,'of whom the Chancellor and the two Chief Justices shall be three, may make such general rules and orders as in their judgment maybe necessary or proper for the effectual execu- tion of the two last preceding sections and of the intention and object thereof, and for that purpose may meet from time to time as occasion requires. 22 V. c. 97, s. 3. OTTAWA : Printed by Beown Chambbblih, Law Printer to the Queen's Most Excellent Majesty. 210 CHAP. XXVI. An Act respecting relief of Insolvent Debtors. HEE Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — INSOLVENT DEBTORS IN EXECUTION. Weekly allowance to Debtors in close custody. 1. If a debtor in close custody : — In what cases 1. Upon mesne process ; or cCe clltody 2. In execution ; or to be entitled 3. Upon an attachment or other process for non-payment to weekly of costs, or for non-payment of any sum of money awarded, or for the non-payment of any claim in the nature of a debt or demand due being a sum certain or capable of being as- certained by computation and not in the nature of a penalty to enforce the doing of some act other than the payment of a sum of money (in which several cases the debtor shall be deemed to be a prisoner in execution), makes oath: — 1. That he is a prisoner in close custody, setting forth on which of the causes of detention above specified ; and 2. That he is unable to find security for the limits ; and 3. Is not worth the sum of five pounds ; and 4. In case he is in custody on mesne process that he is unable to procure bail to the action, and that he does not believe the demand of the Plaintiff to be just, and for that cause, and no other, resists payment of the same and refuses to confess judgment for the sum sworn to, — the Court from which the process issued, or any Judge having authority to dispose of matters arising in suits in such Court, shall make a rule or order on the Plaintiff at whose suit the debtor is detained, to pay to such debtor on the third Monday after the The aiiow- service of such rule or order, and upon each Monday there- ^"''abie'^^" after, so long as such debtor is detained in prison at the suit of such Plaintiff for such cause, the sum of two dollars, and such payment shall be made to the debtor or to the gaoler in whose custody he is, for the use of such debtor. 19 Y. c. 43, s. 295. 2. In default of such payment the debtor, on his afiidavit When debtor of the default and after service of a rule nisi or Judge's ^"gc^a^ed ^^ 14J 211 not paid. Chap. 26. Relief of Insolvent Debtors. 22 Vict. Summons, to be obtained on such affidavit, shall, unless sufficient cause is shewn to the contrary, be discharged from custody by rule or order ; but such discharge shall not, in case the debtor was confined on mesne Process, prevent the Plaintifi"frora proceeding to judgment and execution against the body, lands or goods according to the practice of the Court, and ia case the debtor is a prisoner in execution, such discharge shall not be a release or satisfaction of the Judg- ment or other debt or demand, nor shall such discharge, for the non-payment whereof the debtor was in custody, deprive the Plaintiff of any remedy against the lands or goods of such debtor. 19 V. c. 43, s. 295. Debtor not entitled to allowance or to bis dis- cbarge in de- fault of pay- ment unt'l be has answered interroga- toiies touch- ing his pro- perty. S. When a debtor applies for the weekly allowance, or to be discharged from custody for the non-payment thereof, the Plaintifi'may file interrogatories for the purpose of discover- ing any property or effects such debtor may be possessed of or entitled to, or which may be in the possession or under the control of some other person for his use or benefit, or which he may haA'e fraudulently disposed of to injure his creditor, and the Plaintiff" may serve a copy of such interro-: gatories on such debtor, and thereupon, and until the debtor has fully answered the same upon oath to the satisfaction of the Court or Judge, and filed his answers and given suffi- cient notice of such filing to the Plaintiff or his Attorney, no rule or order for the payment of such weekly allowance shall be made, or if previously made, no order for his dis- charge for non-payment thereof shall be made. 19 V. c. 43, s. 296. Piling inter- rogatories to debtor. Defendant in custody on several writs, only entitled to one allow- ance, &c. 4. If such debtor has obtained an order for payment of the weekly allowance, the Plaintiff may at any time file and serve such interrogatories, and the Court from which the process issued, or a Judge, on application of the Plaintiff, may stay further payment until the debtor has sworn to and filed his answers, and has given to the Plaintiff or his Attorney four clear days' notice thereof 19 V. c. 43, s. 297. 5. In case such debtor be a prisoner in close custody in several suits or matters, he must make all the Plaintiffs, in such suits or matters, parties to his application for the weekly allowance, and he shall only be entitled to one weekly sum of two dollars, although in custody in several suits and matters; and in any such case, if the weekly allowance be unpaid, the debtor shall have the same right as when in custody in one suit only, to be discharged from custody in all the suits or matters named in the order for payment, and the Plaintiffs named in such order must all be made parties on any application for the debtor's discharge on account of non-payment, and all such Plaintiffs must join in administering interrogatories to the Defendant, as if they were the Plaintiffs in one suit, and such Plaintiffs 212 1859. Relief of Insolvent Debtors. Chap. 26. 3 shall regulate among themselves the apportionment of the weekly allowance and the arrangement for payment thereof. 19 V. c. 43, s. 298. 6. The Plaintiff shall be entitled to recover from his debtor Allowance all sums paid to him for weekly allowance while a prisoner ™gj from'^°^' on mesne Process, and upon proof of the amount of such debtor as payment before the proper taxing Officer, such sums shall be ''°^*'' allowed as disbursements in the suit and be taxed as part of the costs thereof. 19 V. c. 43, s. 299. 7. In case any debtor, according to the intent and mean- A debtor in ing of this Act, who is or may be confined in close custody exlcution" in execution at the time of or after the passing of this Act, may apply to gives to the party at whose suit he is a prisoner, or to his ^^ .'^and^'^tt Attorney, a notice in writing that he will, after the expira- what notice, tion of ten days from the day of the service of such notice, ^'^^ apply to be discharged from custody, the Plaintiff, at whose suit he is confined, may file interrogatories for the purpose Examination of discovering any property or effects which such debtor "a to'^his^pro- may be possessed of or entitled to, or which may be in the perty, &c., possession or under the control of some other person for the rogato^ries. use or benefit of such debtor, or which such debtor, having been in possession of, may have fraudulently disposed of to injure his creditor, and touching such debtor's estate and effects, and the circumstances under which he contracted the debt or incurred the liability which was the subject of the action in which Judgment has been rendered against him, and as to the means and expectations such debtor then had, and as to the property and means he still hath, and as to the disposal he may have made of any of his property, and may serve a copy of such interrogatories on such debtor ; or Or «)8>a wee the Plaintiff, at his option, may cause such debtor to be ex- judge^. '^°"° ^ amined vivd voce upon oath before the Judge of the County Court in the County in which such debtor is confined, or before some one to be appointed in that behalf by such County Judge, upon or touching all or any of the matters aforesaid ; and such County Judge may issue an order to Debtor to be the Sheriff or Gaoler having the custody of such debtor, to IheTudgfnp- bring such debtor before him or before some person to be on bis order, named in such order, for the purpose of being so examined, and such Sheriff or Gaoler shall take such debtor before such Judge or person appointed as aforesaid, for examina- tion under the authority of this Act, in the same manner as if such Sheriff or G-aoler were acting in obedience to a Writ of Habeas Corpus ad Testificandum. 22 Y. c. 96, s. 11. 8. After the expiration of ten days from the day of the Appiicationof service of a notice by a debtor of his intention to apply for ^r dis^ch'arge his discharge from custody under the next preceding section, on his having and upon proof of such notice, and upon such debtor's mak- ce^ai^^re^ ing oath that he is not worth twenty dollars exclusive of quirements, 213 Chap. 26. Relief of Insolvent Debtors. 22 Vict. certain affi- davit. *nd making a his necessary wearing apparel, the bed and bedding of such debtor or his family, and one stove and cooking utensils of such debtor, and also the tools and implements of his trade not exceeding the value of sixty dollars, and that he hath answered all interrogatories filed by the Plaintiff, and hath given due notice of such answers (or if no interrogatories have been served, that he hath not been served with any interrogatories), and that he has submitted himself to be examined pursuant to the order of the County Judge (or, if such order has not been served, that he has not been served with any such order), such debtor may apply to the Court from which the process on which he is confined issued, or to any Judge having authority to dispose of matters arising in suits in such Courts, for a rule or summons to show cause why he should not be discharged from custody, and upon the return of such rule or summons, and where there are interrogatories if the answers thereto are deemed suffi- cient by such Court or Judge, or where such examination has taken place if the matter thereof be deemed satisfactory by such Court or Judge, such debtor shall be, by rule or order, discharged from custody, and such discharge shall have the same and no other eff'ect as a discharge for non-payment of the weekly allowance. 22 Y. c. 96, s. 12. Discharge, and its effect. 9- In case the Plaintiff" has already filed interrogatories, and in case Further ex- d™to*may°be o^ caused the debtor to be examined viva voce, ordered. on the return of the rule or summons, further enquiry ap- pears requisite for the ends of Justice, the Court or Judge may allow the Plaintiff a reasonable time to file further in- terrogatories, or to cause such debtor to be further examined, vivd voce, and may allow a reasonable time for the debtor to answer them or to submit to such further examination, before the rule or summons be finally disposed of. Discharge may be on conditio(i of assignment by debtor. lO. The Court or Judge may make it a condition of the debtor's, discharge, that he shall first, by an assignment or conveyance which shall be approved by the Court or Judge, assign and convey to the party at whose suit he is in custody, any right or interest which he may have or be presumed to have in and to any property, real or personal, credits and effects, other than the wearing apparel, bed, bedding, stove, cooking utensils, tools and implements of trade before men- tioned. Ee-committal of such debtor for not more than 12 months, in cases 01 fraud, Beduction, libel, &c. 11. In case it appears to the Court or Judge that the debt for which such debtor is confined was contracted by any manner of fraud or breach of trust, or under false pretences, or that such debtor wilfully contracted such debt or incur- red such liability without having had at the same time a reasonable assurance of being able to pay or discharge the same, or that he is confined by reason of any judgment in an action for breach of promise of marriage, seduction, crimi- 214 1859. Relief of Insolvent Debtors. Chap. 26. 5 nal conTersation, libel or slander, the Court or Judge may- order the Applicant to be recommitted to close custody for any period not exceeding twelve months, and to be then discharged. 22 V. c. 96, s. 12. 12. In case any discharge granted under this Act has been Debtor un- unduly or fraudulently obtained by any false allegation of fj'g^a^^*hL°rge circumstances which, if true, might have entitled the debtor may be re- to be discharged by virtue of this Act, such debtor shall, ^^^^^^ ^''^■ upon the same being made to appear to the satisfaction of such Court or a Judge as aforesaid, be liable to be again taken in execution and remanded to his . former custody by rule or order of such Court or Judge ; but no sheriflF or gaoler ^^llff ^^ shall be liable as for an escape of such debtor in respect of ^ "^^ ' his enlargement during the time he has been at large by means of such his undue discharge as aforesaid. 22 V. c. 96, fi. 14. IS. A person arrested under a Writ of Capias ad Satis- Person on faciendum, or under a "Writ of Attachment, though he be not t^n™^! ° ' confined to close custody but has given bail, may apply for charge, &c., and obtain his discharge in the same manner and subject to custo™7?'°^^ the same terms and conditions, as nearly as may be, as an execution debtor who is confined to close custody. 22 V. c. 33, s. 8.(1859.) J£, JZ. .U. .U. Jt J|t ^ -7? ^ TT T^ TV- IS. The Common Law Procedure Act shall so far as ap- Power for plicable apply to this Act, and all the powers conferred on formTV"^*^' the Judges of the Superior Courts by the said Act, shall be and are hereby extended to the making from time to time of all rules and forms of proceeding necessary for giving efi"ect to this Act. 22 V. c. 96, s. 16 ( 1858.)— 22 V. c. 33, s. 18. (1859.) IC None of the foregoing provisions relative to the weekly Debtors in allowance, or discharge from custody on account of insol- criminal"" vency, shall extend or be applicaljle to debtors who are at charges ex- the same time in custody upon any criminal charge. 19 V. "^"^^^ ' c. 43, s. 309. FBAtTDULENT PEEFEEENCE. IT. In case any person being at the time in insolvent cir- Confessions oumstances, or unable to pay his debts in full, or knowing confess judg-° himself to be on the eve of insolvency, voluntary or by col- ment given by lusion with a creditor or creditors, gives a confession of ^rfei^^or'^cie" Judgment, Cognovit Actionem or Warrant of Attorney to lay creditors confess judgment with intent, in giving such confession, preferl'ncV* Cognovit Actionem or Warrant of Attorney to confess judg- over the other ment, to defeat or delay his creditors wholly or in part, or *° ''* '^°"^' -with intent thereby to give one or more of the creditors of 215 6 Chap. 26. Relief of Imolvent Debtors. 22 YiOT. such person a preference over his other creditors, or over any one or nxore of such creditors, every such confession. Cogno- vit Actionem or Warrant of Attorney to confess judgment^ shall be deemed and taken to be null and void as against the creditors of the party giving the same, and shall be in- valid and ineffectual to support any judgment or Writ of Execution. 22 Y. c. 96, s. 18. Assignments, 18. jn case any person being at the time in insolvent cir- made by 'in- ' cumstances or unable to pay his debts in full, or knowing soiTents to himself to be on the eve of insolvency, makes or causes ta deteat credit- ij ■<>, • j. j. p e ors or to give be made any giit, conveyance, assignment or transfer ol any preference, of his goods, chattels Or effects, or delivers or makes over, or s a e Toi . gg^^ggg ^Q ^g delivered or made over, any bills, bonds, notes, or other securities or property, with intent to defeat or delay the creditors of such person, or with intent of giving one or more of the creditors of such person a preference over his other creditors, or over any one or more of such creditors, every such gift, conveyance, assignment, transfer or delivery, shall be null and void as against the creditors of such per- son ; but nothing herein contained shall invalidate or make void any deed of assignment made and executed by any debtor for the purpose of paying and satisfying rateably and proportionably and w^ithout preference or priority, all the creditors of such debtor their just debts ; and nothing herein contained shall invalidate or make void any bond Ji.de sale of goods in the ordinary course of trade or calling to innocent purchasers. 22 V. c. 96, s. 19. ^ -iii ■it' ^ .ii. TT TV* TT ^ ^ Short title. 21. This Act may be known and cited as "The Indigent Debtor's Act." OTTAWA : Printed by Bbowk Ohambeulin, Law Printer to the Qneen's Most Excellent Majesty. 216 CHAP. XLVII. An Act respecting Rivers and Streams. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — 1. Except in the case of ronnd or squared timber, or of Conditions on trees, masts, staves, deals, boards or other sawed or manu- may be cut on factured lumber or saw logs prepared for transportation to the banks of a market, ev^ery person and every employer of such person, flJate/there- who cuts and fells any trees into the Grrand River, the River on. Thames, River Nith, River Speed, Otter Creek, the River Credit, the River Otonabee from Sturgeon Lake to Rice Lake ; the River Scugog, the River Trent from Rice Lake to the Bay of Quinte, Crow River, the Rivers G-ananoque, Rideau, Petite Nation, Tay, Mississippi, Bonnechere, Madawaska and G-oodwood in Upper Canada, or upon such parts of the banks thereof as are usually overflowed in the autumn or spring of the year by the rising of the water of the said Rivers or Creek, and who does not lop off the branches of such trees and cut up the trunks thereof into lengths of not more than eighteen feet, before they are allowed to be floated or cast into the said Rivers or Streams shall for every such offence forfeit and pay a penalty not exceeding ten dollars. 3 W. 4, 0. 28, s. 1,-2 V. c. 16, ss. 1, 4. 2. In case any person throws, or in case any owner or Penalty on occupier of a mill suffers or permits to be thrown, into any ftrucSng ' River, Rivulet or water-course in Upper Canada, excepting risers and those hereinafter mentioned, any slabs, bark, waste stuff or ^^"^ other refuse of any saw-mill (except saw dust,) or any stumps, roots, shrubs, tan-bark or waste wood, or leached ashes ; or in case any person fells, or causes to be felled, in or across any such river, rivulet or water-course, any timber or growing or standing trees, and allows the same to remain in or across such river, rivulet or water-course, he shall incur a penalty not exceeding twenty dollars and not less than twenty cents for each day during which such obstruc- tion remains in, over, or across such river, rivulet or water- course, over and above all damages arising therefrom. 10, 11 Y. c. 20, s. 1,-1 V. c. 36, s. 1,-2 V. c. 16, s. 2,-22 Y. c. 90, s. 210. 217 Chap. 4Y. Rivers and Streams. 22 Vict. Act not to ex- 3. TMs Act shall not apply to any dam, weir or bridge weirs^or trees erected in or over any such river, rivulet or water-course, used as or to any thing done bond fide in or for erecting the same, bridges. ^^ ^^ ^^^ ^^^^ ^^^ down or felled across any such river, rivulet or water-course, for the purpose of being used as a bridge from one side thereof to the other, provided such tree does not impede the flow of water or the passing of rafts. 10, 11 Y. c. 20, s. 1. Rirers where 4. This Act shall not extend to the River St. Lawrence, ere^bi'acl'*'''' nor to the Eiver Ottawa, nor to any Eiver or Rivulet ba3s or perch vrherein Salmon, Pickerel, Black Bass, or Perch do not notTnct°e7' ^bound. 14, 15 Y. c. 12-3. As to obBtruc- 5. No such obstruction happening without the wilful tions not wii- default of any party, or in the bona fide exercise of his rights, shall subject him to any fine or forfeiture unless upon default to remove the obstruction after notice and reasonable time afforded for that purpose. 10, 11 Y. c. 20, s. 1. How fines to be recovered ©• All fines, penalties, forfeitures and damages under this Act, when not together exceeding twenty dollars, may respectively, upon the oath of one credible witness, be recovered with costs, in a summary way in the manner pro- vided by the Act of the Province of Canada relative to malicious injuries to property*, before any one or more of the Justices of the Peace for the County in which the offence has been committed, and unless the conviction be appealed from if the fine or penalty and damages (as the case may be) together with the costs, be not paid at the time stated in the conviction, the convicting Justice or Justices, or one of them, when more than one, shall issue his or their warrant of distress to levy the same out of the goods and chattels of the offender ; and in case there be not sufficient goods and chattels found to satisfy the same, and in case the offender does not otherwise satisfy the amount within three days after conviction, then such Justice or Justices (as Ihe case may be) shall by warrant under hand and seal commit the offender to the common gaol of the County in which he has been convicted for the term of ten days, in case the conviction be under the first section of this A ct, or thirty days in case the conviction be under the second section of this Act, unless the fine, penalty or forfeiture and damages (as the case may be), and costs, be sooner paid. 3 W 4 c. 28, s. 2,-10, 11 Y. c. 20, s. 1,— See 4, 5 Y. c. 26, s. 30,— n Y. c. 36, ss. 1, 2, 4. Party ag- grieved may appeal. 7. Any party aggrieved by any conviction or decision under this Act, may appeal in the manner and under the •Reference should have been made to the Act respecting the duties of Justices of the Peace out of Sessions in relation to Summary Convictions and Orders which virtually superseded 4, 5 V. c. 26, s 30. 218 1859. Rivers and Streams. Chap. 47. 3 conditions and provisions of the Act of the Proyince of Canada respecting appeals in cases of summary conviction. •7 Y. c. 36, s. 2. 8. Of pecuniary penalties levied under this Act, one Appropria- third shall go to the informer, and the other two-thirds p°°aities shall be paid to the Treasurer of the Municipality in which the oiFence was committed, and shall be expended in im- proving the public highways therein. 3 "W. 4, c. 28, s. 3,-— 2 Y. c. 16, s. 3. 9» In case of damages to private property arising out of Assessed a violation of this Act, such damages may, at the request of ^ ™e IppitedT the party aggrieved, be assessed by the convicting Justice or Justices and included in the conviction, when such damages, together with the fine or penalty imposed, do not together exceed twenty dollars ; and in case damages be assessed, the same shall be paid to the party aggrieved, except in cases where he has been examined in proof of the offence, in which case the same shall be applied to the im- provement of the public highways in the Municipalities as above provided. 7 Y. c. 36, s. 3. OTTAWA : Printed by Brown Ohambeelin, Law Printer to the Queen's Most Excellent Majesty. 219 CHAP. XLVIII. An Act respecting Mills and Mill- Dams. XTER Majesty, by and -with the advice and consent of 1 -'-'- Legislative Conncil and Assembly of Canada, ena ^tbe . enacts as follows TOLLS. No greater 1. No owncT or occupicr of a Mill, nor any person em- brtekenTor" ployed by him, shall demand or take as toll a greater propor- grinding and tion of any grain brought to him to be ground and boltpd than'^one-^^" than one twelfth part thereof, for grinding and bolting the twelfth. same under a penalty of forty dollars for every such offence ; one moiety thereof to be paid to Her Majjesty, for the public uses of the Province, and the other moiety to any person who may sue for the same in any Court of Kecord. 32 Gr. 3, c. Y, ss. 1, 2. BAGS TO BE MARKED. ^*g? ™"st be 2. No owner or occupier of a Mill shall be bound to receive or be chargeable with the loss of any bag of grain or flour, unless such bag be marked with the initial letters of the Christian and Surname of the owner of the grain, or with some mark distinguishing the bag, which mark of distinction shall be previously communicated and made' known to the said owner or occupier of the Mill, or his servant usually attending the same. 32 G-. 3, c. 1, s. 3. MILL-DAMS. Owners or oc- 3. Subject to the provisions of the "Fishery Act," of the miiu'^to" con- Province of Canada, in case a Mill-dam be legally erected on struct aprons any stream, down which stream lumber is usually brought, to t eir ams: ^^ ^^ which stream salmon or pickerel abound, the owner or occupier of such Dam shall construct and maintain a good and sufhcient apron thereto, not less than eighteen feet wide by an inclined plane of twenty-four feet eight inches to a perpendicular of six feet, and so in proportion to the height where the width of the stream will admit of it ; and in case such stream or dam be less than fifteen feet wide, the whole Dam shall be aproned in like manner with the same inclined plane ; and every such owner or occupant 220 1859. Mills and Mill-Dams. Chap. 48. 2 who neglects to construct or maintain such apron shall, for Penalty and such offence, forfeit and pay yearly the sum of one hundred i'on*''^'^"''"*" dollars, one moiety thereof to Her Majesty for the public uses of the Province, and the other moiety to any person who may sue for the same in any Court of Record. 9 Gr. 4, c. 4, ss. 1, 2,-22 V. c. 86, s. 27. MILL-DAMS, COiVSTKUCTION OF, AND THE PASSAGE OP TIMBER, &G. 4. Every owner or occupier of a Mill-dam at which an Apron or slide apron or slide is required to be constructed as aforesaid, shall, i°g o^JoSg ^^' if necessary, alter, or if not already built, shall construct &c. such apron or slide so as to afford depth of water sufficient to admit of the passage over such apron or slide of such saw-logs, lumber and timber as are usually floated down the streams or rivers whereon such Dams are erected ; but Waste-gates, any owner or occupier of any such Dam may construct a slash-boards, waste-gate or put up brackets and slash-boards in, upon and across the apron, for the purpose of preventing any un- necessary waste of water therefrom, and may keep the same closed when no person is ready and requires to pass or float any craft, Kimber or saw-logs over such apron or slide. 12 V. c. 81, s. 1. 5» The owner or occupier of any such Dam shall not be Owners not bound to remove the brackets or slash-boards across the "^^^^^ ^°g^p_ apron thereof until the raft, craft, lumber or saw-logs, re- kets,untii,&c. quired to be passed, are ready to pass and have for that purpose gained the main channel of the stream. 12 V. c. 87, s. 1. ON SMALL STRE.iMS. 6. No person shall be required to build such aprons or When aprons slides as mentioned in the third and fourth sections on small ^e^tfoJ^g^^in streams, unless required for the purposes of rafting or float- sects. 3 and 4 ing down lumber and saw-logs as aforesaid. 12 V; c. 87, s. 1. ''^au^^peamT PENALTIES. T. Every owner or occupier of any Dam mentioned in the Penalty on fourth section of this Act who (if not already made and con- Sngto''"' structed), neglects or refuses to make and construct and comply with keep in repair an apron of the description therein men- ^IntslTthis tioned shall pay a penalty of two dollars per day for every Act. day of such neglect, and such penalty shall be recoverable before any two Justices of the Peace for the County in Howenforced. which the offence has been committed, on the oath of two credible witnesses, and if not paid, shall be levied by dis- tress and sale of the goods and chattels of the offender, by a warrant under the hand and seal of such Justices, or one of 221 Chap. 48. Mills and Mill-Dams. 22 YiCT. them, and shall be paid to the Treasurer of the Munici- pal Corporation having jurisdiction in the locality where such Dam is erected, for the general uses of the Municipality. MILL-DAMS IN SPECIFIED PLACES. 1. — IN THE COUNTY OF HUBON. Dams and 8. Subject to the provisions of the " Fishery Act," the weirs in the -J ■ ? t^ xvr ■ \ 3 County of Owner or occupier 01 every Dam or W eir erected on any Huron. river or stream in any of the Townships of Williams, Mc- Grillivray, Stephen, Hay, Stanley, Groderich, Oolborne, Hullet, McKillop, Tuckersmith, Hibbert, Logan, Fullarton, Usborne, Biddulph, Blanchard, Downie, including the Gore of Ellice, North-East Hope and South-East Hope, or any other tracts of land which on the twenty-ninth day of March, one thousand eight hundred and forty-five, consti- tuted the then District of Huron, shall, if the same has not been already done, construct and maintain, and, if con- structed, shall maintain and keep in repair, a good and sufficient apron to such Dam or Weir, at least twenty-eight feet wide (if the Dam or Weir be of greater width, and if not, then of the same width as the Dam or Weir), and at least eight feet in length for every foot rise of such Dam or Weir, under a penalty of one dollar for each day during which the requirements of this section are not complied with ; and such penalty shall be recoverable before any two Justices of the Peace for the County in which the offence has been committed, on the oath of oue credible witness, and if not paid, may be levied by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of such Justices or either of them ; one moiety of which penalty shall belong to Her Majesty for the public uses of the Province, and the other moiety to the prosecutor. 4 W. 4, c. 55, s. 1,-8 Y. c. 66,-1 V. c. 26. 2. — ON THE KIVER MOIEA. OM^^K'^s"^ 9- Subject to the provisions of the " Fishery Act," the owner or occupier of any Dam on the Eiver Moira or its tributaries in the County of Hastings, on which lumber is floated to market, shall construct and maintain, and if con- structed, shall maintain and keep in repair a good and sufficient apron to such Dam, at least thirty-tw^o feet in width (if the Dam be of that or of greater width, and if not, then of the width of the Dam), and at least five feet in length for every foot rise of such Dam ; and the height of the Dam at the place where the apron is constructed, shall be at least two feet lower than the top of the said Dam at any other place (unless it occupy the whole width thereof as aforesaid) ; but if the rise of the Dam be less than 222 1859. Mills and mU-Dams. Chap. 48. 4 four feet, the height of the Dam at the place where the apron is constructed shall not exceed one-half its height at any other place. 11 V. c. 10, s. 2. lO. Every such Apron shall be constructed on the main Penalty for channel of the stream, and its highest part shall be one foot tj^n*""*^*"' below the level of the Dam, at the place where it joins the same, under a penalty of twenty-five cents for each day the requirements of this and the next preceding section are not complied with, 11 Y. c. 10, s. 2. 11 • The said penalty, on the complaint of any person How recover- engaged in the lumber trade upon the said Eiver or any \^^^l *"' tributary thereof, may be recovered before any two Justices of the Peace for the County in which the offence has been committed, upon the oath of one credible witness other than the informer, one half of which penalty shall belong to Her Majesty for the public uses of the Province, and the other moiety to the prosecutor; and if upon conviction such penalty be not forthwith paid, it shall by warrant under the hand and seal of such Justices, ' or of one of them, be levied by distress and sale of the goods of the offender. 11 V. c. 10, s. 2. 12. The ninth section of this Act shall not oblige the Owner not owner or occupier of any Dam on the Eiver Moira to alter °^tef\^e° the apron thereof, if constructed before the twenty-third apron if con- day of March, one thousand eight hundred and forty-eight, fore'a^certain until the renewal of such apron. 11 V. c. 10, s. 2. period until renewed. 3. — ON THE RIVER OTONABEE. IS. No apron to any Mill-dam on the Eiver Otonabee special pro- shall be less than thirty-two feet wide by an inclined plane visions with of five feet to a perpendicular of one foot, and so in proper- Ri^er otona-* tion to the height of the Dam ; and side pieces of at least bee. one foot in height shall be fixed on the outside of every such apron, to confine the water and prevent the timber from falling off at the sides. 12 V. c. 87, s. 2. AS TO PENALTIES WHEN DAMS INJURED BY FLOODS. 14. In case any apron be carried away, destroyed or If aprons in- damaged by flood or otherwise, the owner or occupier of the i"™? \ Dam to which the same was attached shall not be liable to penaities^'sus- any such penalty as aforesaid if such apron be repaired or pended for a re-constructed in conformity to this Act, as soon as the state time"''* ^ of the stream safely permits. 12 V. c. 8*7, s. 4, — 11 Y. c. 10, s. 2. TIMBER, ETC., MAY BE FLOATED DOWN STREAMS AT CERTAIN SEASONS. 1 5. All persons may float saw-logs and other timber, rafts All persons and crafts down all streams in Upper Canada during the "^^^c*^"^' ■^23 down streams. 5 Chap. 48. Mills and Mill-Dams. 22 ViOT. spring, summer and autumn freshets, and no person shall, by felling trees or placing any other obstruction in or across any such stream, prevent the passage thereof. 12 V. c. 8*7, s. 5. Persons using 16. In case there be a convenient apron, slide, gate, lock inju?rdamV° 0^ opening in any such Dam or other structure made for Ac. ' the passage of saw-logs and other timber, rafts and crafts authorized to be floated down such stream as aforesaid, no person using any such stream in manner and for the pur- poses aforesaid, shall alter, injure or destroy any such Dam or other useful erection in or upon the bed of or across the stream, or do any unnecessary damage thereto or on the banks thereof 12 V. c. 87, s. 5. PEOTECTION IK CERTAIN CASES OF MILLS OVERFLOWIKG ADJACENT LANDS. When grantee IT. In case, in any action brought against the proprietor to recover ""^ <^^ occupier of a Mill, for the overflowing of or injury to damages for land, caused by the erection or continuation of a Dam for hls^iands °^ ^^^ purposes of such Mill, it appears that the overflowing or other injury was caused by the erection or continuation of a Dam which was built before the purchase of such land by the Grrantee of the Crown and before the grant thereof to him, and that such purchaser obtained a reduction in the price of such land, or was otherwise indemnified in conse- quence of its being so overflowed or otherwise injured, then the Jury on the trial of such action may take such facts into their consideration, and, if they think it just and equitable, may, in consequence thereof, find a verdict for the Defendant. 13, 14 V. c. 76, s. 1. Defendant 18. In any such action the Defendant may plead the Tewaf issue, general issue, and under such plea, on entering a note of ■Ac. this Act in the margin thereof, may avail himself of this Act and of the matters of defence herein given. 13 14 V c. 75, s. 2. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 224 CHAP. L. An Act respecting Joint Stock Companies for the construction of Piers, Wharves, Dry Docks and Harbours. I_l EK, Majesty, by and with the advice and consent of the -*-*- Legislative Council and Assembly of Canada, enacts as follows : — !• Any number of persons, not less than five, may form How com- themselves into a Company for the purpose of constructing ^^med™*^''* a Pier or Wharf, or for dredging or deepening or making a Harbour, or for the erection of a Dry Dock and Marine Rail- way connected therewith. 16 Y. c. 124, s. 1. 2- When a Company has been formed under this Act, Company to and a sufficient amount of Stock has been taken, adequate arlci^^of in their judgment to complete the work, the Stockholders aasociation shall execute an Instrument according to the form fol- '^^^^ registiar _ . o or county. lowing : — Be it remembered, that on this day of , in the year of our Lord one thousand eight hundred and , we, the undersigned Stockholders, met at , in the County of , in the Province of Canada, and resolved to form ourselves into a Company, to be called {insert the name intended lo be taken by the Com- pany), according to the provisions of a certain Act of the Parliament of this Province, intituled. An Act SfC. (insert the title of this Act), for the purpose of constructing a Pier {or Piers), Wharf {or Wharves), and making {or dredging) a Harbour, {or constructing a Dry Dock) at {name of the place). And we do hereby declare that the capital Stock of the said Company shall be dollars, to be divided into Shares, at the price or sum of twenty dollars each. And we, the undersigned Stockholders, do hereby agree to take and accept the number of Shares set by us opposite to our respective signatures ; and we do hereby agree to pay the calls thereon, according to the provisions of the said in part recited Act, and of the Rules and Regu- lations, Resolutions and By-laws of the said Company to be made or passed in that behalf ; and we do hereby nominate 15 225 Chap. 50. Joint Stock Companies for Piers, SfC. 22 ViCT. {the names to be here inserted) to be the first Directors of the said Company. And the said Stockholder.? shall register such Instrument ■with the Registrar of the County in which the work is situated. 16 V. c. 1-24, s. 2. Company to 3. When the requirements contained in the preceding tion on°7er-^' Section have been complied with, the Company shall thence- taiu require- forth become and be a chartered and incorporated Company, by the name designated in the Instrument registered ; and by such name, they and their successors may acquire any lands, tenements and hereditaments useful and necessary for the purpose of the Corporation, and may, in their discretion, sell and convey the same. 16 V. c. 124, s. 3. Consent of 4. Before any such Company proceeds with their work, to"bl' obSn- *^®7 ^^^^1 obtain the consent of the Municipality within ed. which the work is proposed to be made, and such Munici- pality may fix the limit and boundary of a proposed Har- bour. 16 V. c. 124, s. 1. ments being complied with. Company not 5. No Company SO formed shall take any private property vate'or 5rown without the consent of the owner, or take or interfere with property, any property belonging to the Crown without the approval Mnt'TnoT^n- ^^ *^*^ Grovernor in Council, or obstruct any Harbour in use, terfete with or interfere with any Company chartered or any Board of P?^wu3iy Commissioners incorporated for the construction of a Har- chartered. bour when this Act takes effect. 16 V. c. 124, s. 1. Affairs to be 6. The affairs, stock, property and concerns of every such fivTtoeotors. Company shall, for the first year, be managed by five Direc- tors, to be named iu the Instrument registered, and there- When, by after to be annually elected by the Stockholders, on the whom and second Monday of December in each year, according to the eierte'd."^"'"'^^ provisions of a By-law to be passed by the Directors for that purpose. 16 V. c. 124, s. 4. 7. Such By-law shall regulate : — 1. The manner of voting ; 2. The place and hour of meeting for the election ; 3. The qualification of voters and of Candidates for the Direction ; and 4. Any other matters, except the day of election, which the Directors deem necessary to carry out the foregoing provisions. 16 Y. e. 124, s. 4. 226 Requirements ■of by-law. 1859. Joint Stock Companies for Piers, 8fC. Chap. 60. 3 8. Such By-law shall be published for three successive Bylaw, how- weeks in the newspaper, or one of the newspapers, publish- P" '^ ® ' "' ed nearest the place where the Directors of the Company usually meet for conducting the business of the Company. S>. The Directors may alter, change or amend such By-law, Directors may whenever they see proper, but they shall always publish f^_° ^^' the amended By-Law in the manner above provided. 10. A majority of the Directors shall be a quorum for the Majority of transaction of business. 16 V. c. 124, s. 4. fZ^TJ°'°'' ' iXi <^uui unit 11. If the annual Election of Directors for any cause do Failure to not take place at the time appointed, the Company shall not no\°todi£*°'^* thereby be dissolved, but the Directors for the time being solve com- shall, in that case, continue to serve until another election of P^''^^' Directors has been held, and such other election shall, in such case, be held within one month thereafter, at the time provided by a By-law to be passed by the Directors of the Company for that purpose. 16 V. c. 124, s. 4. 12. At any election of Directors, each Stockholder shall Stockholder be entitled to one vote for every share of Stock he holds or entured to^one is possessed of in the Company, and upon which such Stock- vote for every holder is not in arrear for or upon any call in respect there- v^"^^ ^^^^ ^^ of 18 V. c 22, s. 1. 13. Any Stockholder who has paid all calls made shall And eligible be eligible as a Director. 16 V. c. 124, s. 4, - 18 V c. 22, s. 1. ^' '1'™"='°"'- 14. The Directors may elect one of their number to be the Directors to President, and may appoint such officers and servants as de^n* Stake they deem necessary, and may in their discretion, take security from security from each of them for the due performance of his offi<=ers. duty, and that he will duly account for all moneys coming into his hands to the use of the Company. 16 V. c. 124, s. *7. 15. Each share in every Company shall be twenty dollars Shares to be and shall be regarded as personal property, and shall be ?™ each— to transferable upon the books of the Company, in the manner pro^perty°*an(i provided by By-law to be made by the Directors in that transferable. behalf. 16 V. c. 124, s. 5. 16. Any such Company may sue any Stockholder in the After two Company for the amount of any call or calls of Stock which "^p^f-^ ^t°"t- such Stockholder neglects to pay after public notice thereof holders miiy for two weeks in the newspaper, or one of the newspapers, ^^ ^"'"^• published nearest the place where the Directors of the Com- pany usually meet for the transaction of business, or after a personal demand for payment has ^been made from such defaulting Stockholder by the Treasurer of the Company. 16 V. c. 124, s. 6. 151 227 4 Chap. 50. Joint Stock Companies for Piers, Sec 22 ViCT. Treasurer's 17. The Oath of the Treasurer shall be deemed sufficient of demiud""^ proof of such notice or of such demand, and a copy thereof shall be filed in the office of the Clerk of the Court where the suit is heard or decided, or where the trial takes place. 16 y. c. 124, s. 6. Vacancies 18. If a vacancy happens amongst the Directors during di?ectofs,how the current year of their appointment, by death, resignation filled up,'&c. or permanent residence without the County or Counties in which the work is situated, or by any other cause, the vacancy shall, unless otherwise provided by some By-law or Regulation of the Company, be filled up for the remainder of the year in which it happens by a person to be nominated by a majority of the remaining Directors. 16 Y. c. 124, s. 8. Directors to 19. The Directors of every Company shall annually, in report^o""* the month of January, report ,to the Municipality within municipality, which the work is situate, under the oath of the Treasurer of the Company — 1. The state and nature or their work ; 2. The amount of all money expended ; 3. The amount of their Capital Stock, and how much is paid in ; 4. The amount of dividends paid and the amount expended for repairs ; and 5. The amount of debts due by the Company. 16 Y. c. 124, s. 13. Company to 20. Every Company shall keep regular books of account, account" &c? i^ which shall be entered a correct statement of the assets, receipts and disbursements of the Company, and such books shall be at all times open for the inspection of any person for that purpose appointed by the Municipality. 16 Y. c. 124, s. 13. Directors may 21. If the Directors of any Company find the Stock capHarstock. already subscribed insufficient to finish the contemplated work, they may increase the Capital Stock of the Companv. 16 Y. c 124, s. 14. dfrector°s\^o'"^ ^^" '^^^ President and Directors of the Company shall, fix touTAc! subject to the approval of the Grovernor, fix and regulate, from time to time, the tolls, rates, dues or wharfage to be received from all vessels entering their Harbour or lying at their Pier or Wharf, and for loading and unloading all goods, wares or merchandize in such Harbour, as to them seems meet ; but such tolls, rates, dues or wharfage shall not in any case exceed the amoimt herein specified. 16 Y. c. 124, s. 9. Company 23. Any such Company or their agent, officers or ser- Telsels^au'd vants, may detain any goods, wares or merchandize, or any 228 1859. Joint Stock Companies for Piers, 8fc Chap. 50. 5 vessel, boat or craft, until the legal tolls or charges thereon goods, sell the have been paid, and may sell any vessel or boat for toJu'anVo^Lr the charges for repairs thereof when such charges have dues, remained unpaid for the space of thirty days, and in cases where the charges for wharfage or storage dues on goods, wares or merchandize have remained unpaid for the space of one year, the Company, their agents, othcers or servants, after giving ten days' notice of sale, may, by public auction, sell such goods, wares or merchandize, or such part thereof as may be necessary to pay such dues, and shall return the overplus, if any, to the owner or owners thereof. 16 V. c. 124, s. 10. 24. Any Municipal Corporation having jurisdiction in Municipal the locality in which any such work is to be constructed, may^hoid °^ may subscribe for, obtain, hold, or depart with, and transfer stock in com- Stock in the Company, and may from time to time direct P^^^' the Mayor, E,eeve, Warden or other Chief Ofhcer of the Municipality, to subscribe for such Stock in the name of the Municipality, and to act for the Municipality in all matters relative to such Stock and the exercise of the rights of the Municipality as a Stockholder ; and such Chief Officer shall, whether otherwise qualified or not, be deemed a Stockholder in the Company, and may vote and act as such, subject to the rules and orders in relation to his authority, which may be made in that behalf by the Municipal Council, but voting according to his discretion in cases not provided for by such Council. 16 V. c. 124, s. 11. 25. Any Municipality so taking Stock may pay for th3 Municipality same out of any moneys belonging to the Municipality, and "ocii'out of not specially appropriated to any other purpose, and may un^propri- apply the moneys arising from the dividends or profits on ^fm^'id-^^ the stock or from the sale thereof, to any purpose to which pallty. unappropriated moneys belonging to the Municipality may lawfully be applied. 16 V. c. 124, s. 11. 26. Any Company may sell to any Municipality repre- Municipalities senting the interest of the locality in which the work is "g^t^'^'^'^''*^ situate, and any such Municipality may purchase the Stock of such Company at the value agreed on between them, and such Municipality shall hold the same for the use and bene- fit of the locality ; and shall, in all respects thereafter, stand in the place of the Company, and shall possess all such powers and authority as the Company had theretofore pos- sessed and exercised. 16 V. c. 124, s. 12. 27. Any Municipality desirous of purchasing any such Municipality work, may borrow money or raise the means of paying money to°pu therefor, by By-law to be passed under the provisions of the chase work Act respecting the Consolidated Municipal Loan Fund. 16 V. ci^lTLoan'' C. 124, S. 12. Fund A<;t. 229 lUr- 6 Chap. 50. Joint Stock Companies for Piers, S^c. 22 ViCT. Company 28. Any such. Company may borrow money OH the secur- moLy'on'^ ity of such work, not exceeding one half the value thereof. securtly of 16 V. C. 124, S. 15. work. Sale of works 29. In case any Pier or Wharf constructed by any .Toint rightfof'^the Stock Company incorporated under the Laws of Upper company to Canada has been sold or be sold after this Act takes effect, *''*P°'^''^*^^"'- either by such Joint Stock Company or under some power granted by them, or under legal process against such Com- pany, the sale or sales shall, in all cases, be deemed to have passed and to pass such Piers or Wharves to the purchaser or purchasers thereof, with all the rights, privileges and appurtenances, and subject to all the duties and obligations which the Law gave or imposed with reference to such Pier or Wharf, whilst the same continued the property of the Joint Stock Company which had constructed the same. 22 V. c. 43, s. 1. (1859.) Company may demand tolls, when, and amount, SO. So soon as any such Pier, Wharf or Harbour is so far completed as to be capable of receiving and sheltering ves- sels, and of safely loading and unloading the same, the Com- pany may demand and take as toll or a wharfage to and for their own use and benefit, on all goods, wares and merchan- dize shipped on board or landed out of any vessel, boat or other craft from or upon any such Pier or Wharf within the bounds of every suoh harbour, not exceeding the following, that is to say :— s. d. Pot or Pearl Ashes per barrel 4 or Pork, Whiskey, Beef, Salt, Lard or Butter "03 Flour "02 Lard or Butter per firkin or keg 1 G-rain of all kinds per bushel 1 Horned Cattle or Horses..... each 4 Calves, Sheep or Swine " 1 Merchandize perton 3 Sawed Lumber, per 1,000 feet board measure 1 3 Square or Kound Timber per 100 cubic feet 9 Saw-logs IJ Pipe Staves perM, 2 West India Pipe Staves " 6 TInenumerated Articles perton 2 Boats of 12 tons or under each 1 " over 12 tons and not over 50 2 " over 50 tons 3 16 Y. c. 124, s. 16. $ cts. 06f 05 03^ Olf Olf 06f Olf 60 25 15 02i 40 10 40 20 40 60 Municipality, 31. Any Municipal Council representing the interests of maypurSse the locality in which the work is situate, may, after twenty- the stock of one years from t}ie time of such work being so far completed company. ^^ ^-^^^ ^^-j^g ^ere and have been collected thereon, purchase 230 1859. Joint Slock Companies for Piers, Sfc. Chap. 50. 7 the Stock of such. Company at the current value thereof at the time of purchase, and shall hold, the same for the use and benefit of such locality ; and siich Municipality shall thenceforth stand in the place of the Company, and the Council thereof shall possess all such powers and authority as the Company had theretofore possessed and exercised. 16 V. c. 124, s. IT. 32. Notwithstanding the priyilegesconferredby this Act, Legislature the Legislature may, at any time hereafter, in their discre- SSeiTdThia"'^ tion, make any such additions to this Act, or such alterations Act of any of its provisions, as they think proper, for affording just protection to the public, or to any person or persons, body corporate or politic, in respect to their estate or pro- perty, or right or interest therein, or any advantage, privi- lege or convenience connected therewith, or in respect to any right, public or private, that may be affected by any of the powers given to any such corporation. 16 V. c. 124, s. 18. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 231 CHAP. LIIL Societies, how incorporated. Powers of society. Members of society may make rules, &c., impose £nes, &c. An Act respecting Building Societies. HEE Majesty, by and witli the advice and consent of the- Legislative Council and Assembly of Canada, enacts as follov^s : — 1- In case any tw^enty or more persons, in Upper Canada, agree to constitute themselves a Building Society, and execxite, under their respective hands and seals, a declara- tion to that effect, and deposit the same with the Clerk of the Peace in the County in which they reside (who for receiving such deposit shall be entitled to a fee of fifty cents) such persons, and such other persons as afterwards become members of the Society, and their several and res- pective executors, administrators and assigns, shall be a corporation, body corporate, and politic, as a Building- Society, by the name and style mentioned in such declara- tion, for raising by monthly or other periodical subcriptions of the several members of the Society, in shares not exceed- ing the value of four hundred dollars for each share (and in subscriptions not exceeding four dollars per month for each share ), a stock or fund to enable each member to receive out of the funds of the Society the amount or value of his shares therein, for the purpose of erecting or purchasing one or more dwelling house or houses, or other freehold or leasehold estate, or for any other purpose whatsoever ; and the amount or value of such shares shall be secured to the Society by mortgage or otherwise on any real estate belong- ing to the member at the time of his borrowing money from the Society, or on any other real estate acquired by such member, until the amount or value of his shares with the interest thereon have been fully paid, together with all fines or liabilities incurred in respect thereof. 9 V. c. 90, s. ],— 13, 14 Y. c. 19, s. 4. 2. The several members of the Society may from time to time assemble together, and make such proper rules for the government of the same as the majority of members so assembled deem meet, so as such rules are not repugnant to the provisions of this Act, or any other law in force in Upper Canada ; and they may impose and inflict such rea- sonable fines, penalties and forfeitures upon the several members of the Society infringing such rules as the majority 232 1859. Building Societies. Chap, 53. 2 of the members think fit, and to be respectively paid to such uses, for the benefit of the Society, as the Society by such rules direct ; and they may also from time amend or rescind such rules, and make new rules in lieu thereof, iTnder such restrictions as are in this Act contained. S. Except in the case of the withdrawal of a member, Except in according to the rules of the Society then in force, no mem- ^^^wa"*^ mem- ber shall receive or be entitled to receive from the funds of berg not to re- the Society any interest or dividend by way of annual or g" a^are^tfii other periodical profit upon any share in the Society until value of 'same the amount or value of his share has been realized. realized. 4. Every such Society may, besides interest, receive from Society may any member a bonus on any share, for the privilege of re- [n'^addltiorTto ceiving the same in advance prior to the same being realized, interest. without becoming thereby liable to any forfeitures or penal- ties imposed by any Laws in force in Upper Canada relating to Usury. 9 Y. c. 90, s. 2,-22 V. c. 86, s. 6. 5. Every such Society shall, from time to time, elect and Society from appoint any number of the members of the Society to be a toTiect*d?° Board of iJirectors, the number and qualification thereof to rectors. be declared in the rules of the Society, and may delegate to such Directors all or any of the powers given by this Act to be executed. 9 V. c. 90, s. 3. 6. The powers of the Directors shall be declared by the Powers of di- rules of the Society, and they shall continue to act during declared by the time appointed by such rules. 9 V. c. 90, s. 3. rules. 7. In case Directors are appointed for any particular pur- Powers of di- pose, the powers delegated to them shall be reduced to tein°caseVtT writing and entered in a book by the Secretary or Clerk of be recorded in the Society. 9 V. c. 90, s. 3. society ^ 8. The Directors shall choose a President and Vice-Presi- Concurrence dent, and they shall in all things delegated to them act for dirSf ^ and in the name of such Society, and the concurrence of a necessary. majority of the Directors present at any meeting shall at all times be necessary in any act of the Board. 9 V. c. 90, s. 3. O. All acts and ordersof such Directors, under the powers Acts of di- delegated to them, shall have the like force and effect as the b1ndfag.*° acts and orders of the Society at a General Meeting. 9 V. c. 90, s. 3. lO. The transactions of the Directors shall be entered in Proceedings a book belonging to the Society, and shall at all times be Se ei'tered'in" subject to the review, allowance and disallowance of the books of so- Society, in such manner and form as the Society by their '^'^^^^' general rules direct and appoint. 9 V. c. 90 s 3 233 3 Chap. 53. Building Societies. 22 ViCT. ruSto'deci ^^' -^"^'^^7 such Society shall, in or by one or more of objects of their Rules, declare the objects for which the Society is in- society and tended to be established, and thereby direct the purposes to 06Cl£ir6 now -1 • • S: ST moneys to be which the money from time to time subscribed to, received applied. by and belonging to the Society, shall be appropriated, and in what shares or proportions and under what circumstances any member of the Society, or other person, may become entitled to the same, or any part thereof. 9 V. c. 90, s. 4. be°m%a'"ned *^* ^^^ ^^°^ Eules shall be complied with and enforced under penal- and the moneys so subscribed to, received by or belonging to *i^s. the society, shall not be diverted or misapplied either by the Treasurer or Directors or any other officer or member of the Society entrusted therewith, under such penalty or forfeiture as the Society by any Eule inflicts for the offence. 9 V. c. 90, s. 4. ^'^^M^d i* 155. The Rules for the management of every such Society a book. shall be recorded in a book to be kept for that purpose, and such book shall be open at all seasonable times for the inspection of the members. 9 V. c. 90, s 5. Piitiy of rules 14. The Rules so recorded shall be binding on the to memb'e°s!'^^ Several members and officers of the Society, and the several contributors thereto and their representatives, and they shall be deemed to have full notice thereof by such record. 9 V. c. 90 s. 6. Examined 15. The entry of the rules in the books of the Society, or entered in ^^ a true copy of the same, examined with the original and book to be proved to be a true copy, shall be received as evidence evidence. thereof 9 Y. c. 90, s. 6. be"removldb "'**' ^^'^'^ Rules shall not by certiorari, or other legal Pro- certiorari. cess, be removed into any of Her Majesty's Courts of Record. 9 V. c. 90, s. 6. Rules entered 17. j^q Rule SO recorded as aforesaid shall be altered or to be altered rescinded, unless at a General Meeting of the Members, except at a convened by public notice written or printed, signed by the genera mee gggyg^ary or President of the Society in pursuance of a requisition for that purpose made by not less than fifteen of the Members, stating the objects for which the meeting is called, and addressed to the President and Directors ; and each member of the Society shall within fifteen days after such requisition, be notified, through the Post Office, of the proposed alterations ; and such Greneral Meeting shall con- sist of not less than one third of the shareholders, three- fourths of whom must concur in the proposed alterations or repeal. 9 V. c. 90, s. T. Rules to iS. The Rules of the Society shall specify the place or anTpC™ for places at which it is intended that the Society shall hold its 234 1859. Building Societies. Chap. 53. 4 meetings, and shall contain provisions with respect to the holding meet- powers and duties of the members at large, and of the offi- ""^^ cers appointed for the management of its affairs. 9 V. c. 90, s. 8. lO. The Directors shall, from time to time, at any of their Directors to usual meetings, appoint such persons as they think proper, cer3°'°'° to be officers of the Society, grant such salaries and emolu- ments as they deem fit, and pay the necessary expenses at- tending the management of the Society ; and shall from time to time w^hen necessary elect such persons as may be neces- sary for the purposes of the Society, for the time and for the purpose expressed in the Rules of the Society, and may from time to time discharge such persons, and appoint others in the room of those who vacate, die or are dis- charged. 9 V. c. 90, s. 9. 31. Every such Society may take and hold any real estate, Society may or securities thereon, bond fide mortgaged or assigned to reafe^tate"^*^ it, either to secure the payment of the shares subscribed for mortgaged by by its members, or to secure the payment of any loans or gertam pur- advances made by, or debts due to the Society, and may poses. proceed on such mortgages, assignments or other securities for the recovery of the moneys thereby secured, either at law or in equity or otherwise, and generally may pursue the same course, exercise the same powers and take and use the same remedies to enforce the payment of any debt or demand due to the Society as any person or body corporate may by law take or use for a like purpose. 23. Every such Society may declare forfeited to the May forfeit Society the shares of any member who is in default or who shares. neglects to pay the number of instalments or monthly sub- scriptions fixed by any Stipulation or By-Law, and may iiay expel expel such member from the Society, and the Secretary shall ™*='=='''e>^- make a minute of such forfeiture and expulsion in the books of the Society ; or instead of such forfeiture and expul- J^iay sue for sion, the Society may recover the arrears by an action of ^h^^T "^ debt. ] 3, 14 Y. c. 19, s. 3. 24. If the amount in arrear does not exceed forty dollars *f?y. !°^ ^°- the action may be brought in the Division Court of the CourT" Division wherein the office of the Society is kept 13 14 Y c. '79, s. 3. J 1 ■ , ■ 25. Whenever any such Society has received from a Society may Shareholder an assignment, mortgage or transfer of any mOTf^'^d*^** real estate to secure the payment of anv advances, and con- ^rtafn^lses? 235 S Chap. 53. Building Societies. 22 YlCT tainiug an authority to such. Society to sell the real estate in case of non-payment of any stipulated number of instal- ments or sum of money, and to apply the proceeds of such sale to the payment of the advances, interest and other charges due to the Society, such stipulations and agree- ments shall be valid and binding, and the Society may cause the same to be enforced either by foreclosure or by an action or proceeding in either of Her Majesty's Superior Courts of Common Law, in which action the venue shall be laid in the County in which the lands lie, and the action may be brought in the names of the President and Trea- surer of the Society, describing them as such, or in the cor- porate name of the Society. 13, 14 Y. c. 79, s. 1. Representa- 26. If any person appointed to an office by the Society, oerTof^society ^"^^ being entrusted with and having in his possession by to deliver over virtue of his office, any moneys or effects belonging to the nTonevs^after Society, or any deeds or securities relating thereto, dies or demand. becomes bankrupt or insolvent, his legal representative, or other person having a legal right, shall, within fifteen days after demand made by the order of the Directors of the Society, or the major part of them assembled at any meeting thereof, deliver over all things belonging to the Society to such persons as the Directors appoint. 9 V. c. 90, s. 11. Property of 27. All real and personal estate, property and effects, in pregide^nr*^ and all titles, securities, instruments and evidences, and all and treasurer, rights and claims of or belonging to the Society, shall be vested in the President and Treasurer and their Successors in office for the time being for the use of the Society and the respective members thereof, according to their respec- tive claims and interests, and shall, for all purposes of bringing or defending actions or suits, civil or criminal, be deemed to be, and shall be stated to be, the property of the I 'resident and Treasurer in the proper names of the President and i reasurer for the time being. President and 28. The President and Treasurer may bring or defend br1ng'and°de^ 3;ny action, suit or prosecution, criminal or civil, respecting fend suits. any property, right or claim aforesaid, and may sue and be sued, plead and be impleaded in their proper names as President and Treasurer of the Society without other description. Suits not to 2i». No such suit, action or prosecution shall be dis- deatii or re- Continued or abated by the death or removal from office of movai from the President or Treasurer, but shall continue in their names ; and the succeeding President and Treasurer shall have the same rights and liabilities, and shall pay or receive like costs as if the action, suit or prosecution had been commenced or been defended in their names, for the benefit of or to be satisfied out of the funds of the Society. 9 V. c. 90, s. 12. 236 office. 1859. Building Societies. Chap. 53. 6 30. In all suits and prosecutions, the Secretary of the Secretary of Society shall be a competent witness, notwithstanding he petenTwit°™" may also be Treasurer of the Society, and his name used in mess. the suit or prosecution as such Treasurer. 9 V. c. 90, s. 13. 31. The President, Vice-President and Directors of the President and Society, in their private capacity, shall be exonerated from ^e'red^of 'res- all responsibility in relation to the liabilities of the Society, ponsibiiity. 9 V. c. 90, s. 14. 3'?. The rules of the Society shall provide that the Trea- Rules to pro- surer or other principal Ofl5.cer thereof shall, once at least in Jpcretar'ahali every year, prepare a genoral statement of the funds and fumishannuai effects of or belonging to the Society, specifying in whose statement of custody or possession such funds or effects are then remain- ing, together with an account of all sums of money received or expended by or on account of the Society since the publi- cation of the preceding periodical statement. 9 Y. c 90, s. 15. 33. Every such periodical statement shall be attested by Secretary's two or more members of the ."Society not being Directors, be^at^steVby appointed Auditors for that purpose, and shall be counter- auditors. signed by the S,ecretary or Clerk of the Society, and every member shall be entitled to receive from the Society without charge a copy of such periodical statement. 34. This Act shall for all purposes extend to aliens, deni- Act extends zens and females ; and co-partners and corporate bodies may *° alien '■ hold shares in any Society incorporated under the provisions bodies corpor- of this Act in the same manner as single individuals ; and ^^• this Act shall be construed in the most beneficial manner for promoting the ends thereby intended. 13, 14 Y. c. '79, s. 4,-9 V. c. 90, s. 16. 35. The word " Society " in the foregoing sections of this Tnterpreta- A.ct shall be understood to include and to mean Building *'°" clause. Society and Institution established under the provisions and authority of this Act, or any former Act respecting Building Societies ; the word " Eules " to include Rules, Orders, By- laws and Regulations ; the words " Real Estate " shall ex- tend and apply to immoveable estate and property generally ; and the word " securities " shall extend and apply to privi- leges, mortgages (equitable as well as legal), and incum- brances upon real and immoveable estate, as well as to other rights and privileges upon personal estate and property. 9 Y. c. 90, s. 16. 36. Whereas under the Act passed in the ninth year of Her Preamble. Majesty's Reign intituled, An Act to encourage the establish- 9 v., c. so. ment of certain Societies, commonly called Building Societies, in that part of the Province of Canada formerly constituting Upper Canada, certain Birilding fiocieties have been estab- 2ol •7 Chap. 53. Building Societies. 22 ViCT. lished called Permanent Building Societies, which have in a great measnre superseded those Societies called terminat- ing Building Societies, and are conducted on more certain and equitable principles than the said terminating Building Societies, by enabling persons to become members thereof at any time for investment therein, or to obtain the ad- vance of their shares or share by giving security therefor, and to fix and determine with the said Society the time and amount which such members shall repay such advanced share or shares and obtain the release of the said security, without being liable to the contingency of losses or profits in the business of the said Society ; And whereas doubts had arisen as to whether such Permanent Building Societies were within the meaning and intention of the said recited Permanent ^g^ ; Therefore, any Permanent Building Society established ing fulfilled Under the said hereinbefore recited Act and the amended certain condi- Act thereto, OT established under this Act, after this Act tions declared . ■, rp i_ j ij_i ^i ■■ii • -i d to be within takes ettect, and conducted on the principle herein beiore this Act. mentioned, which has fulfilled and observed or which ful- fils and observes all the conditions necessary to be fulfilled and observed for the establishment of a Building Society under the said recited Acts, or under this Act (as the case may be) shall be and the same is hereby declared to be and to have been a Building Society within the meaning and intention of the said recited Acts and of this Act, and to be and to have been entitled to all the powers, benefits and And their advantages of the said recited Acts and of this Act ; and any be members, person or persons who have signed the Rules and Regula- tions of any such Building Society entered and recorded in a book, as in the fifth section of the said recited Act, passed in the ninth year of Her Majesty's reign and in the thir- teenth section of this Act is required, and have subscribed his or their name or names as a shareholder or shareholders for one or more shares, shall, from the time of such signature and subscription, be and be deemed to have been a member Evidence of or members of such Building Society ; and the production members ip. ^£ ^-^^ book containing the rules for the management of such Society, kept as in the fifth section of the said Act and in the thirteenth section of this Act is required, signed by such person and duly witnessed, shall, at all times and for all purposes, be sufiicient evidence of membership in such Building Society. 22 Vf c. 45, s. 1 (1859.) Howby-law3 S"?. Any Permanent Building Society may alter, amend, socFeti™^may repeal or create any Regulation, Rule or By-law for the be passed or working of the said Society at a public meeting of the amended. members of such Society, convened as is directed by the said seventHeuth section of this Act, and at which piiblic meeting one third of the members of the said Society, entitled to vote by the rules of the said Society, and repre- senting not less than two-thirds of the unadvanced Stock of such Society, do, either in writing under their hand or by 2-38 1859. Building Societies. Chap. 53. 8 a vote at such meeting, concur in such alteration, amend- ment or repeal of such Eegulation, Rule or By-law, or in the creation of any new Rule, Regulation or By-law. 22 V. c. 45; s. 2 (1859.) *M, 4£. ^ AL- ^ =7f 'Tf -TT W -TV" S9. When any share or shares in any Society have been Shareholder fully paid up according to the rules of the Society, or have pa'id'up'^^may become due and payable to the holder thereof, then and in receive or in- such case the holder of such share or shares may either amount withdraw the amount of his share or shares from the said Society according to the rules and regulations thereof, or invest the amount of his said share or shares in the Society and receive therefrom periodically such proportion of the profits made by such Society as may be provided for by a By-law to be passed for the purpose ; and the amount of such share or shares so invested shall become fixed and per- manent capital or shares in the said Society not withdraw- able therefrom, but transferable in the same manner as other shares in the said Society. 22 V. c. 45, s. 4. 40. Such Society may advance to members on the secur- Advances on ity of investing on unadvanced shares in the said Society, vesUng'on^nu- and may receive and take from any person or persons, or advanced bodies corporate, any real or personal security of any nature ^'^'^'■®^' or kind whatever as collateral security for any advance made to Members of the Society. 22 V. c. 45, s. 5. 41. Any Society may hold absolutely real estate for the Holding real purposes of its place of business, not exceeding the annual ®^*^*^' value of six thousand dollars. 22 Y. c. 45, s. 6. ******* OTTAWA; Printed by Brown- Ohamberhn, Law Printer to the Queen's Host Excellent Majesty. 239 CHIP LXXVIII. An Act respecting Remedies for and against executors and administrators and respecting the Limitation of certain actions. HER Majesty, by and with the advice and consent of the Legislative Couucil and Assembly of Canada, enacts as follows : — * # * * # Limitation of 7. Actions of debt for rent, upon an indenture of demise, ^^J^'^J'T^'r — actions of covenantor debt, upon a bond or other spe- mencement of.,, ,. r-nii • j- ■ • particular ac- cialty, — actions oi debt, or scire facias upon a recognizance, tions. — actions of debt upon an award where the submission is not by specialty, or .for an escape, or for money levied on a fieri facias, — and actions for penalties, damages, or sums of money given to the party aggrieved by any Statute, shall be commenced and sued within the time and limitation herein- after expressed, and not after, that is to say : — The said actions of debt for rent upon an indenture of demise or covenant, or of debt upon a bond or other specialty, and actions of debt, or scire facias upon a recognizance, within twenty years after the cause of such actions arose ; the said actions by the party aggrieved, within two years after the cause of such actions arose, and the said other actions, within other actions, six years after the cause of such actions arose ; but nothing herein contained shall extend to any action given by any Statute, where the time for bringing such action is by the Statute specially limited. ^ W. 4, c. 3, s. 3. Actions of debt on de- mise, &c. * # # OTTAWA : Printed by Bbown Ohamberlin, Law Printer to the Queen's Most Excellent Majesty. 240 CHAP. LXXIX. An A.ct to prevent Accidents from Machinery. LTEE, Majesty, by and with the advice and consent of the ■*-'- Legislative Council and Assembly of Canada, enacts as follows : — !• The owners of every steam-boat, steam-car, and steam- Guards, &c., ■carriage, and of every mill or building, in which machinery abou1;machf* is used, shall erect good and substantial guards round such ery of steam- machinery so as to prevent passengers and other persons on ^°°'*^{ ™^''^.' board of, or entering or being in the same, respectively, ventacci- from coming in contact with the machinery used therein '^®"'' t° P*^^" or attached thereto. 1 V. c. 18, s. 1. others. 2. The Collector of Customs of every Port in Upper Collectors of Canada, or his Deputy, shall enter into or upon every thoriz^^to"" steam-boat, steam-car and steam-carriage, arriving at his examine port or station, and carefully examine whether there are g^am-cMs*^' ^ proper guards round the machinery of the same, so as to and steam- secure the safety of persons when such machinery is in to?eqmre'*he operation, and if there be not proper guards or if they be erection of not properly and substantially erected, he or his Deputy 'l^^^l^'^ shall notify the same to the master or person in charge of such steam-boat, steam-car or steam-carriage, and direct him to make such proper guards or to make them in a proper and substantial manner. 1 V. c. 18, s. 2. 3. It shall be the duty of every Justice of the Peace in Jusiices of the the County or City in which he resides and usually acts as fQ^r'tniiis *"* a Justice of the Peace, to enter into or upon all buildings &e , and to' wherein machinery is erected, and to inspect and examine e^*'"™^! *<=• the machinery thereof or attached thereto ; and if upon such examination he finds that there are not proper guards erected or that the guards used in and about such machin- ery are insufficient, such Justice shall notify the same to the owner or occupier of such building, and shall direct the necessary guards to be erected. 1 Y. c 18, s. 3. 4. In case upon the inspection of any steam-boat, steam- Collector or •car or steam-carriage, or of any building wherein or where- ii^^ercertifi-" to machinery is used or attached, as aforesaid, it appears to cate of sufa- "the Collector or Justice respectively inspecting the same, '^'^^'T °f ihat the guards erected or to be erected in compliance with ' 16 241 2 Chap. 79. Accidents from Machinery/. 22 ViCT. this Act are sufficiently safe and substantial, such Collec- tor or Justice shall deliyer to the person in charge of such steam-boat, steam-carriage or car, and to the proprietor or occupier of such building as aforesaid, a certificate to that Certificate to effect ; and if such safeguards are at all times kept in good tiou^fo^sfx*'^" ^^ OTTAWA : Printed by Bkown Chameeklik, Law Printer to the Queen's Most Excellent Majesty. 242 CHAP CIV. An Act to prevent the Profanation of the Lord's Day ia Upper Canada. WHEEEAS it is expedient to enact a Law against the Profanation of the Lord's Day, commonly called Sun- day, which day ought to be duly observed and kept holy : Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as fol- lows : — !• It is not lawful for any Merchant, Tradesman, Artificer, No sale to Mechanic, Workman, Labourer or other person vvrhatsoever take place oa on the Lord's Day to sell, or publicly shew forth, or expose, ^' or offer for sale, or to purchase any goods, chattels, or other personal property, or any real estate whatsoever, or to do or exercise any worldly labour, business or work of his ordinary calling (conveying Travellers or Her Majesty's Mail, by land or by water, selling Drugs and Medicines, and other works of necessity, and works of charity, only excepted) 8 Y. c. 45, s. 1. 2. It is not lawful for any person on that day to hold. Political convene, or to attend any public political meeting, or to tip- "fn'^°|g' ^'P" pie, or to allow or permit tippling in any Inn, Tavern, grohi'bite'd' on G-rocery, or House of Public Entertainrfient, or to revel, or Sunday, publicly exhibit himself in a state of intoxication, or to brawl or use profane language in the public streets or open air, so as to create any riot or disturbance, or annoyance to Her Majesty's peaceable subjects. 3. It is not lawful for any person on that day to play at Games and skittles, ball, foot-ball, racket, or any other noisy game, or wohlbUef^ to gamble with dice or otherwise, or to run races on foot, or on horseback, or in carriages, or in vehicles of any sort 8 V. c. 45, s. 1. 4. Except in defence of his property, from any M^olf or Exception, other ravenous beast, or a bird of prey, it is not lawful for any person on that day to go out hunting or shooting, or in Hnnting an* quest of, or to take, kill or destroy any deer or other o-ame, ^liooting. or any wild animal or any wild fowl or bird, or to use any dog, gun, rifle, or other engine, net or trap, for the above mentioned purpose. 8 V. c. 45, s. 1 16J 243 2 Chap. 104. Profanation of the Lord's Day. 22 ViCT. Fishing. 5. It is not lawful for any person on that day to go out fishing, or to take, kill or destroy any fish, or to use any gun, fishing rod, net or other engine for that purpose. 8 V. c. 45, s. 1. Bathing. 6. It is not lawful for any person on that day to bathe in any exposed situation in any water within the limits of any incorporated city or town, or within view of any place of Public "Worship, or private residence. 8 V. c. 45, s. 1. Penalty. T. Any person convicted before a Justice of the Peace of any act hereinbefore declared not to be lawful, upon the oath or affirmation of one or more than one credible witness, or upon view had of the offence by the said Justice himself, shall, for every such offence, be fined in a sum not exceed- ing forty dollars, nor less than one dollar, together with the costs and charges attending the proceedings and conviction. 8 V. c. 45, s. 3. Sales and 8. All sales and purchases, and all contracts and agree- nfade™n°Suu- ™ents for Sale or purchase, of any real or personal pro- day to be perty whatsoever, made by any person' or persons on the Lord's Day shall be utterly null and void. 8 V. c. 45, s, 2. void. Justice to summon ac- cused party. S>« When any person has been charged upon oath or other- wise, in writing, before any Justice of the Peace, with any offence against this Act, the said Justice shall summon the person so charged to appear before him, at a time and place to be named in such summons, and if such person fails or neglects to appear accordingly, then (upon proof of due ser- vice of the summons upon such person, by delivering or leaving a copy thereof at his house, or usual or last place of abode, or by reading the same over to him personally) the said justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person and bringing him before himself, or some other Jus- tice of the Peace having jurisdiction within the same County or municipality ; and the Justice before whom the person charged appears or is brought, shall proceed to hear and determine the case, or the said Justice, on view of the offence may verbally order, or if on the complaint of a third party, Commitment." then may, in writing, order the offender to be at once com- mitted (although it be on the Lord's Day) to the common gaol of the place, or into other safe custody, there to remain until the morrow, or some other day, according to circum- stances until the case be heard and disposed of. 8 V. c 45, s. 4. Form of con- Ticiion. lO. The Justice before whom any person is convicted of any offence against this Act, may cause the conviction to be drawn up in the following form, or in any other form of words to the same effect, as the case may require, that is to :— 8 V. c. 45, s. 5. 244 1859. Profanation of the Lord's Day. Chap. 104. S Be it remembered that on the day of , in the year of our Lord, eighteen , at , in the County of , {or at the City of , as the case may be,) A.B , of , is convicted before me, CD , one of Her Majesty's Justices of the Peace for the said County {or City, as the case may be,) for that he the said A.B. did {specify the offence, and the time and place, when andtohere the same was committed, as the case may be) ; and 1 the said CD., adjudge the said A.B , for his offence to pay (immediately, or on or before the day of ), the sum of , and also the the sum of , for costs ; and in default of pay- ment of the said sums respectively, to be imprisoned in the common gaol of the said County {or City as the case may be) for the space of months, unless the said sums be sooner paid ; and I direct that the said sum of {the penalty) shall be paid as follows, that is to say: one moiety thereof to the party charging the offence, and the other moiety to the Treasurer of the County {naming the one in which the offence was committed, or Chamberlain of the said City, as the case may be.) to be by him applied accord- ing to the provisions of the Act {insert the title of this Act). Given under my hand and seal, the day and the year first above mentioned. C D., / P. [L.S.] 11. A conviction under this Act shall not be quashed for Conviction want of form ; nor shall any "Warrant of Commitment be held ^^^^""^^X^ void by reason of any defect therein, if it be therein alleged void for want that the party has been convicted, and there be a good and °* ^°"°- valid conviction to sustain the commitment. 8 V. c. 45, s. 6. 12. In default of payment of any fine imposed under this in default may Act, together with the costs attending the same, within the l^'^? fi°^- period by the Justice of the Peace before whom such con- viction takes place, specified for the payment thereof at the time of conviction, such Justice of the Peace (if he deems it expedient so to do) may issue his Warrant directed to any Constable to levy the amount of such fine and costs within a certain time, to be in the said Warrant expressed ; and in Commitment, case no distress sufiicient to satisfy the amount be found, he may commit the offender to the common gaol of the County wherein the offence was committed, for any term not exceed- ing three months, unless the fine and costs be sooner paid. 8 V. c. 45, s. V. IS. The prosecution for any offence punishable under Limitation of this Act, must be commenced within one month after the c™ion^^''°^®7" commission of the offence, and not afterwards ; and the -^^^ ^^ j,g evidence of any inhabitant of the County or Municipality witnesses. in which the offence has been committed, shall be admitted and receivable, notwithstanding the fine incurred by the 245 i Chap. 104. Profanation of the Lord's Dai/. 22 ViCT. ofTence may be payable for the benefit of such Municipality ; but the party who makes the charge in writing before the Justice, shall not be admitted as a witness in the case. 8 V. c. 45, s. 8. Appeal to the 14. In case a person thinks himself aggrieved by any con- Sons.*^'^ ^*^' miction or decision under this Act, then, in case such person, within six days after such conviction or decision, and ten days at least before the first Court of G-eneral Quarter Ses- sions of the Peace, or in Cities before the first Recorder's Court (if there be a Eecorders's Court) to be held not sooner than twelve days next after such conviction or decision, may appeal in the manner provided in and subject to the provisions of the Act respecting Appeals in cases of Summary Conviction. 8 V. c. 45, s. 9. Justices to 15. Every Justice of the Peace before whom any person convktior^ to ^^ convicted of any offence against this Act, shall transmit the the Quarter conviction to the next Court of G-eneral Quarter Sessions, or Sessions. Eecorder's Court (as the case may be) to be holden for the County or City wherein the offence was committed, there to be kept by the proper ofiicer among the records of the Court. 8 V. c. 45, s. 10. Where 16. AH actions and prosecutions to be commenced against are tol&e*'' ' ^^7 person for anything done in pursuance of this Act, shall tried. be laid and tried in the County where the fact was com- mitted, and must be commenced within six months after the fact committed, and not afterwards ; and notice in w^riting, of such action, and of the cause thereof, must be given to Defendant the Defendant one month at least before the action ; and in geMr^'ff^ue ^^^ such action the Defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon. 8 V. c. 45, s. 11. Tender of 17. '^q plaintiff" shall recover in such action, if tender of ' ■ sufficient amends be made before such action brought, or if a sufficient sum of money be paid into Court after such action brought, by or on behalf of the Defendant ; and if a verdict passes for the Defendant, or the Plaintiff" becomes non-suit, or discontinues any such action after issue joined, ( or if upon demurrer or otherwise judgment be given against DefendMt, if the Plaintiff", the Defendant may recover his full costs, as havTfuU ' ° between Attorney and client, and have the like remedy for costs. the same as any Defendant hath by law in other cases. 8 V. c, 45, s. 11. Distributton 18. All sums of money awarded or imposed as fines or «f penalties, penalties, by virtue of this Act, shall be paid as follows, that is to say : — one moiety thereof shall be paid to the party charging the offence in writing before the Justice, and the 246 1859. Profanation of the Lord's Day. Chap. 104. 5 other moiety to the Treasurer of the County or City wherein the offence was committed, to be by him accounted for in the same manner as for other moneys deposited with or paid over to him. 8 V. c. 45, s. 12. 19. This Act is not to extend to the people called Indians. Not to extend 8 Y. C. 45, S. 14. *° ladiana. OTTAWA : Printed by Bbown Chambehlik, Law Printer to the Queen's Moat Excellent Majesty. 247 THE CONSOLIDATED STATUTES FOB, 1860. CHAP. I. Preamble. Aq Act respecting the Consolidated Statutes for Lower Canada. [Assented to 19th Map, I860.] WHEEEAS it has been found expedient to revise, classify and consolidate the Public G-eneral Statutes which apply exclusively to Lower Canada, including as well those passed by the Legislature of the late Province of Lower Canada and of the former Province of Quebec, as those passed by the Parliament of Canada ; And whereas such revision, classification and consolidation have been made accordingly ; And whereas it is expsdient to provide for the incorporation therewith of the Public General Statutes passed during the present Session (1860), in so far as the same affect Lower Canada exclusively, and for giving the force of law to the body of Consolidated Statutes to result from such incorporation : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — 1. The printed Eoll attested as that of the said Statutes- TevTsTd^^&c., so revised, classified and consolidated as aforesaid, under to be certified the signature of His Excellency the Governor General, that anddeposited. ^^ ^j^^ q^^^^ ^f ^^^ Legislative Council, and that of the Clerk of the Legislative Assembly, and deposited in the office of the CI erk of the Legislative Council, shall be held to be the original thereof, and to embody so much of the 248 Original roll of Statutes 1860. Consolidated Statutes, L. C. Chap. 1. ssveral Acts and parts of Acts mentioned as to be repealed in the Schedule A thereto annexed, as was in force at the commencement of the present Session ; but the marginal As to mar- notes thereon, and the references to former enactments at ^'i°p'j,j°^g*^' the foot of the several sections thereof form no part of the &c. '^ ' said Statutes, and shall be held to have been inserted for the convenience of reference only, and may be omitted or corrected ; and any mis-print or error, whether of commis- sion or omission, or any contradiction or ambiguity, in the said Eoll, may also be corrected, in the Roll hereinafter mentioned, so that the latter may truly embody the Acts and parts of Acts aforesaid, as amended by the said Acts of the present Session. 23 Y. c. 56, s. 1. 2. The Grovernor may select such'^Acts and parts of Acts Governormay passed during the present Session as he may deem it advisable fe^gigjation of to incorporate with the said Statutes contained in the said the Session of first mentioned Roll, and may cause them to be so incor- cOTromted '"'' porated therewith, through the Law Clerk of the Legislative with the Assembly, adapting their form and language to those of the f^e g'^*^^roii said Statutes (but without changing their effect), inserting them in their proper places in the said Statutes, striking out of the latter any enactments repealed by or inconsistent with those so incorporated, altering the numbering of the chapters and sections, or their order, if need be, and adding to the said Schedule A a list of the A cts and parts of Acts of the present Session so^ incorporated as aforesaid. 23 V. c. 56, s. 2. 3» So soon as the said incorporation of such Acts and parts Certified roll, of Acts with the said Statutes, and the said addition to the legislation* of said Schedule A have been completed,the Governor may cause the Session of a correct printed Roll thereof, attested under his signature p^g^ed and*^" and countersigned by the Provincial Secretary, to be de- serve as the posited in the office of the Clerk of the Legislative Council, l^^^^^l which Roll shall be held to be the original thereof, and to embody so much of the several Acts and parts of Acts men- tioned as repealed in the amended Schedule A thereto an- nexed, as was in force when the said Roll was made : any marginal notes, however, and references to former enactments which appear thereon, being held to form no part of the said Statutes, but to be inserted for convenience of reference only. 23 Y. c. 56, s. 3. 4. The Grovernor in Council, after such deposit of the said Proclamation last mentioned Roll, may, by Proclamation, declare the day the c"nfoi£ on, from and after which the same shall come into force and dated Sta- have effect as law, by the designation of "The Consoli- force oH dated Statutes for Lower Canada." 23 Y. c. 56, s. 4. certain day. 5- On, from and after such day, the same shall accord- On and after ingly come into force and effect as and by the designation of shaiAT'i*"^ 249 Chap. 1. Consolidated Statutes, L. C. 23 Vict. force — and the enact- ments em- bodied in them repeal- ed. Exception. " The Consolidated Statutes for Lower Canada," to all intents as though the same were expressly embodied in and enacted by this Act, to come into force and have effect on, from and after such day ; and on, from and after the same day, all the enactments in the several Acts and parts of Acts in such amended Schedule A mentioned as repealed, shall stand and be repealed,— save only as hereinafter is provided. 23 V. c. 56, s. 5. Saving as to transactions, &c., anterior to the repeal ©• The repeal of the said Acts and parts of Acts shall not revive any Act or provision of law repealed by them ; nor shall the said repeal prevent the effect of any saving clause in the said A cts and parts of Acts, or the application of any of the said Acts or parts of Acts, or of any Act or provision of law formerly in force, — to any transaction, matter or thing anterior to the said repeal, to which they would otherwise apply. 23 V. c. 56, s. 6. Certain mat- ters anterior to the repeal not to be affected by it, Penalties, &c, Indictments, Actions, &c. Acts, deeds, righis, &c. OfBceS, &c. Marriages,&c. Any other matters, &c. But the same shall remain valid, &c. f . The repeal of the said Acts and parts of Acts shall not affect, — 1 . Any penalty, forfeiture or liability, civil or criminal, incurred before the time of such repeal, or any proceedings for enforcing the same, had, done, completed or pending at the time of such repeal, — 2. Nor any indictment, information, conviction, sentence or prosecution had, done, completed or pending at the time of such repeal, — 3. Nor any action, suit, judgment, decree, certificate, exe- cution, process, order, rule, or any proceeding, matter or thing whatever respecting the same, had, done, made, entered, granted, completed, pending, existing, or in force at the time of such repeal, — 4. Nor any act, deed, right, title, interest, grant, assurance, descent, will, registry, contract, lien, charge, matter or thing, had, done, made, acquired, established or existing at the time of such repeal, — 5. Nor any office, appointment, commission, salary, allow- ance, security, duty, or any matter or thing appertaining thereto at the time of such repeal, — 6. Nor any marriage, certificate or registry thereof, law- fully had, made, granted, or existing before or at the time of such repeal, — •7. Nor shall such repeal defeat, disturb, invalidate or pre- judicially affect any other matter or thing whatsoever, had, done, completed, existing or pending at the time of such repeal ; 8. But every such Penalty, forfeiture and liability, and every such Indictment, information, conviction, sentence and prose- cution, and every such Action, suit, judgment, decree, certificate, execution, pro- cess, order, rule, proceeding, matter or thing, and every such 250 1860. Consolidated Statutes, L. C. Chap. 1. 4 Act, deed, right, title, interest, grant, assurance, descent, will, registry, contract, lien, charge, matter or thing, and every such Office, appointment, commission, salary, allowance, security and duty, and every such Marriage, certificate and registry, and every such other matter and thing, and the force and effect thereof, respec- tively. May and shall remain and continue as if no such repeal And may be had taken place, and, so far as necessary, may and shall be and under '^ ' continued, prosecuted, enforced and proceeded with under what laws. the said Consolidated Statutes and other the Statutes and Laws having force in Lower Canada, in so far as applicable thereto, and subject to the provisions of the said several Statutes and Laws. 23 V. c. 56, s. V. 8. The said Consolidated Statutes shall not be held to Consolidated operate as new laws, but shall be construed and have effect to be'deemed as a consolidation and as declaratory of the law as contained new laws. in the said Acts and parts of Acts so repealed, and for which the said Consolidated Statutes are substituted. 23 V. c. 56, s. 8. 9. But if upon any point the provisions of the said Con- How con- solidated Statutes are not in effect the same as those of the stmed if in repealed Acts and parts of Acts for which they are substituted, differ from the then as respects all transactions, matters and things subse- repealed Acts, quent to the time when the said Consolidated Statutes take effect, the provisions contained in them shall prevail, but as respects all transactions, matters and things anterior to the said time, the provisions of the said repealed Acts and parts of Acts shall prevail. 23 V. c. 56, s. 9. 10. Any reference in any former Act remaining in force, As to refer- or in any instrument or document, to any Act or enactment ^'''^J'VaT ' so repealed, shall, after the Consolidated Statutes take effect. Former Acts,"' be held, as regards any subsequent transaction, matter or ^''• thing, to be a reference to the enactments in the Consoli- dated Statutes having the same effect as such repealed Act or enactment. 23 V. c. 56, s. 10. 11. The insertion of any Act in the said Schedule A Effect of inser- shall not be construed as a declaration that such Act or any iu°ScbeduieA! part of it was or was not in force immediately before the coming into force of the said Consolidated Statutes 23 V. c. 56, s. 11. 12. Copies of the sai-d Consolidated Statutes printed by Copies by the Queen's Printer from the amended EoU so deposited, punter to be shall be received as evidence of the said Consolidated evidence. Statutes in all Courts and places whatsoever. 23 V. c. 56, s. 12. 251 Chap. 1. Consolidated Statutes, L. C. 23 Vict. Interpreta- tion of the said Statutes. Extent of enactments. Law to be constraed as speaking at the time when the case arises . "Shall" " may." " Herein.' and " Quorum." " Proclama- tion." Proclamation. 'County." References to chapters and sections. 13. The Interpretation Act contained in the Consolidated Statutes of Canada, shall apply to the Consolidated Statutes for Lower Canada and to this Act ; - and in construing this Act or any Act forming part of the said last mentioned Statutes, unless it be otherwise provided, or there be some- thing in the context or other provisions thereof indicating a different meaning or calling for a different construction, — 1. The enactments in such Act apply to the whole of Lower Canada ; 2. The law is to be considered as always speaking ; and whenever any matter or thing is expressed in the present tense, the same is to be applied to the circumstances as they arise, so that effect may be given to each Act and every part thereof according to its spirit, true intent and meaning ; 3. The word " shall " is to be construed as imperative, and the word " may " as permissive ; 4. Whenever the word " herein " is used in any section of an Act, it is to be understood to relate to the whole Act and not to that section only ; 5. When any act or ihing is required to be done by more than two persons, a majority of them may do it ; 6. The word " Proclamation " means a Proclamation under the G-reat Seal, and the expression " G-reat Seal " means the Grreat Seal of the Province of Canada ; T. When the Governor is authorized to do any act by Proclamation, such Proclamation is to be understood to be a Proclamation issued under an order of the Governor in Council ; but it shall not be necessary that it be mentioned in the Proclamation that it is issued under such order ; and this provision shall not prevent the validity of any Procla- mation heretofore issued by the Governor, which shall be valid though not under the Great Seal ; 8. The word " County " includes two or more Counties united for the purposes to which the enactment relates. 23 V. c. 56, s. 13. 9. Whenever reference is made to a chapter by its number, without further description, then the chapter of the Consol- idated Statutes for Lower Canada bearing such number is intended ; — and whenever a section is referred to by its number, without further description, then the section bear- ing such number in the Chapter in which the reference occurs is intended. Md*French^'^ 14. If upon any point there be a difference between Yersions. the English and French versions of the said Statutes, that version which is most consistent with the Acts consolidated in the said Statutes shall prevail. .28 V. c. 56, s. 14. 15. The laws relating to the distribution of the printed As to distri- copies. copies of the Statutes shall not apply to the said Consolidated Statutes, but the same shall be distributed in such numbers 252 1860. Consolidated Statutes, L. C. Chap. 1. 6 and to such persons only as the GrOTernor in Council may direct. 23 V. c. 56, s. 15. 16. This Act shall be printed with the said Consolidated This Acttobe Statutes and shall be subject to the same rules of construe- the°said Sta- tion as the said Consolidated Statutes ; — And any Chapter tutes. of the said Statutes may be cited and referred to in any Act How they may and proceeding whatever, civil and criminal, either by its *"* '^'*''^" title as an Act, — or by its number as a Chapter in the copies printed by the Queen's Printer, — or by its short title. 23 V. c. 56, s. 16. OTTAWA : Printed by Beown Ohambeeliit, Law Printer to the Queen's Most Excellent Majesty. 253 CHAP. III. An Act respecting the time when certain Laws took effect, the publication of Acts and Proclamations, and the preservation of certain Records. TTER Majesty, by and with the advice and consent of the -•-■- Legislative Oonncil and Assembly of Canada, enacts as follows : — PUBLICATION OF LAWS, ETC. Acts and Or- 1. For avoiding doubts it is declared, — that Acts and fOTmerPro- Ordinances of the former Province of Lower Canada took Tince of effect respectively from the time when they were assented da^eciared to ^o ^J ^^^ Governor in the name of the Crown, — unless some iave'taken other time was expressly appointed for their commencement, t^eVhe"*'" and that if they were reserved for the signification of the received the pleasure of the Orown, and afterwards assented to, they took Royal Assent, gg-g^t from the time when the assent of the Crown was sig- nified, by speech or message of the Grovernor to the Legisla- ture, or by proclamation. 34 Gr. 3, c. 1, — 36 Gr. 3, c. 1, — 1 Y. c. 1,-2 Y. (2) c. 10. •IP -?P Tp * ^ OTTAWA : Printed by Brown Ohameeblin, Law Printer to the Queen's Most Excellent Majesty. 254 CHAP. X . An Act respecting seditious and unlawful Associations and Oaths. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — UNLAWFUL OATHS AND SOCIETIES. 1. Any person who, in any form, administers or causes to Administer- be administered, or is aiding or present at and consenting oath"3°forcer- to the administration or taking of any oath or engagement, tain purposes, purporting or intending to bind the person taking the same ^?J^ punish- — to commit any treason or murder, or any felony punishable with death, — or to engage in any seditious, rebellious or treasonable purpose, — or to disturb the public peace, — or to be of any association, or confederacy, formed for any such purpose, — or to obey the order or commands of any commit- tee or body of men not lawfully constituted, or of any leader or commander, or other person not having authority by law for that purpose, or not to inform or give evidence against any associate, confederate, or other person, — or not to reveal or discover any illegal act, done or to be done, — or not to re- veal or discover any illegal oath or engagement administered or tendered to, or taken by such person or persons, or to or by any other person, or the import of any such oath or en- gagement, — shall be guilty of felony, and may be imprisoned in the provincial penitentiary for any term of years not exceeding twenty-one years. 2. And every person who takes any such oath or engage- Punishment ment, not being compelled thereto, shall be guilty of felony, s„ch°'Sh and may be imprisoned in the provincial penitentiary for any term of years not exceeding seven years. 2 Y. (2) c. 8, s. 1, — and 6 Y. c. 6, s. 4. 2» Compulsion shall not justify or excuse any person taking Compulsion such oath or engagement, unless within eight days after the °u°sti*f?cation : taking thereof, if not prevented by actual force or sickness, except oncer- and then within eight days after the hindrance produced " "' by such force or sickness shall cease, he declares the same, together with the whole of what he knows touching the same, and the person or persons by whom and in whose presence, and when and where such oath or engagement 265 tain condi- tions. 2 Chap. 10. Unlawful Associations and Oaths. 23 ViCT. was administered or taken, by information on oath, before one of Her Majesty's justices of the peace for the district in which such oath or engagement was administered or taken. 2. V. (2) c. 8, s. 2. Punishment 3- Any person aiding at, or present and consenting to abettora.^"*^ the administering or taking of any such oath or engage- ment or causing any such oath or engagement to be admin- istered or taken, though not present at the taking or administering thereof, shall be a principal offender, and shall be tried as such, although the person who actually admin- istered such oath or engagement, has not been tried or con- victed. 2 V. (2) c. 8, s. 3. In indict- 4. It shall not be necessary, in any indictment against XTimport of ^^J person administering, or causing to be administered or the oath need taken, or taking any such oath or engagement, or aiding at, e set ort . ^^ present at and consenting to the administering or taking thereof, to set forth the words of such oath or engagement , but it shall be sufficient to set forth the import of such oath or engagement, or some material part thereof 2 Y. (2) c. 8, s. 4. Engage- 5. Any engagement or obligation in the nature of an be^deei^ed' *" ^^^\ ii^ail be deemed an oath within the meaning of this oaths. Act, in whatever form or manner the same is administered or taken, and whether the same be actually administered by any person, or taken by any person without any adminis- tration thereof by any person. 2 V. (2) c. 8, s. 5. What socle- 6. Every society or association the members whereof are unlawful ^ according to the rules thereof, or to any provision, or any agreement for that purpose, required to keep secret the acts or proceedings of such society or association, or admitted to take any oath or engagement, which is an unlawful oath or engagement, within the intent and meaning of the foregoing provisions, or to take any oath or engagement not required or authorized by law, — and every society or association, the members whereof, or any of them, take, or in any manner bind themselves by any such oath or engagement, or in con- sequence of being members of such society or association, — and every society or association, the members whereof or any of them take, subscribe, or assent to any engagement of secrecy, test or declaration not required by law, — and every society of which the names of the members, or any of them, are kept secret from the society at large, or which has any committee or secret body so chosen or appointed that the members constituting the same are not known by the soci- ety at large to be members of such committee or select body, or which has any president, treasurer, secretary or delegate, or other officer, so chosen or appointed that his election or appointment to such office is not known to the society at 256 1850. Unlawful Associations and Oaths. Chap. 10. S large, or of whiich the names of all the persons and of the committee or select bodies of members, and of all presidents, treasurers, secretaries, delegates and other ofi&cers, are not entered in a book kept for that purpose, and open to the inspection of all the members of such society or association, and every society or association which is composed of different divisions or branches, or of different parts acting in any manner separately or distinct from each other, or of which any part shall have any separate or distinct pre- sident, secretary, treasurer, delegate or other officer elected or appointed by or for such part, or to act as an oificer for such part, — shall be deemed and taken to be unlawful com- binations and confederacies : 2. And every person who becomes a member of any such what persons societvor association, or acts as a member thereof, andeverv shall be deem- •' I. J ■ , 1 ■ J • , 1 • J. • J -^ ed eonfeder- person who, directly or indirectly, maintains correspondence ates. or intercourse with any such society or association, or with any division, branch, committee, or other select body, trea- surer, secretary, delegate, or other ofiicer or member of such society or association, whether within or without the prov- ince, as such, or who, by contribution of money or other- wise, aids, abets or supports such society, or any member or officer thereof, as such, shall be deemed guilty of an unlaw- ful combination or confederacy. 2 V. (2) c. 8, s. 6. 'S- Any person who shall, in breach of the provisions of Puaishment this Act, be guilty of any such unlawful combination or ^"nf'derac"^ confederacy as aforesaid, and shall be convicted thereof upon &c. ' indictment, shall be imprisoned in the provincial peniten- tiary, for a term not exceeding seven years, nor less than two years, or be imprisoned in the common gaol or house of correction, for any term less than two years. 2 V. (2) c. 8, s. T, and 6 V. c. 6, s. 4. 8. If any person knowingly permits any meeting of any Punishment society or association hereby declared to be an unlawful ^°'" aiio'^aff combination or confederacy, or of any division, branch or unia^^M ° committee of such society, to be held in his house, apart- societies, &c. ment, barn, outhouse, or other building, such person shall, for the first offence, forfeit a sum not exceeding two hundred dollars, and shall, for any such offence committed after the date of his conviction for such first offence, be deemed guilty of an unlawful combination and confederacy, and shall be punished as hereby directed for that offence. 2 Y. (2) c. 8, s. 8. 9- And whereas certain societies have been long accus- Actuotto tomed to be holdeninthisProvince, under the denomination i^dgesofFree- -of lodges of free-masons, the meetings whereof have been in masons, &c. great measure directed to charitable purposes : — ^nothing in this Act shall extend to the meetings of any such society or lodge, holden under the said denomination and in conformity 17 257 4 Chap. 10. Unlawful Associations and Oaths. 23 ViCT. to the rules prevailing among the said societies of free- masons ; Provided such society or lodge has been constituted, by or under the authority of warrants in that behalf, granted by or derived from any grand master or grand lodge in the United Kingdom of Grreat Britain and Ireland. 2 V. (2) c. 8, s. 9. OTTAWA: Printed by Brown Chambeelin, Law Printer to'the Queen's Most Excellent Majesty. 268 CHAP. XIV. An Act respecting Indians and Indian Lands. So much of t'lis Act is in force as is not inconsistent with or does not make provision in matters provided for bp S9 V. c. 18 (D.) HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — SELLING STRONG L*IQ,ITORS TO INDIANS. 1. No person shall sell, distribute, or otherwise dispose of, Sale of strong to any Indian within Lower Canada, or to any other person aTnTpr^hi-"' for their use, any rum or other strong liquors, of what kind bited. or quality soever, or shall knowingly or willingly suffer the same, in any manner, to come to the hands of any Indian : 2. Every person offending herein shall, for the first offence. Penalty for forfeit the sum of twenty dollars, and suffer imprisonment 1°^^^^''^^' for any time not exceeding one month, and for the second and every subsequent offence, shall forfeit forty dollars, and suffer an imprisonment for any time not exceeding two months ; 3. If the person so offending be a publican, innkeeper, or if offender be retailer of strong liquors, he shall, over and above the said nq„ors^^^he°^ penalty and imprisonment, be rendered incapable, from the shall also for- day of his conviction, of selling or retailing liquors to any fjcense^ person whatsoever, notwithstanding any license he has for that purpose, which license shall be null and void from the day of his conviction 17 a. 3, c. 1, s. 1—23 V. c. 38. 4 And nothing in this section shall prevent the effect of This Act not the Act twenty-third Victoria, chapter thirty-eight, applying gg-g^^of 23 v * to both Upper and Lower Canada ; but an offender convicted c. 38. ' under that Act or under this, shall not afterwards be con- victed under the other Act for the same offence. 23 V. c. 38. 2. No person shall purchase, or receive in pledge or in Purchase of exchange, any clothes, blankets, firearms or ammunition gre^arms be? belonging to any Indian within this Province, under a longing to penalty of twenty dollars, and imprisonment for any time {."^^ °^^ '^'^°* not exceeding one month, for the first offence, and of forty dollars, and imprisonment for any time not exceeding two months, for the second and every other subsequent offence. VI a. 3, c. 7, s. 2. 17* 259 Chap 14. Indians and Indian Lands. 23 Vict. Settlers among In* dians must obtain a license. SETTLING IN INDIAN VILLAGES. 3. No person shall settle in any Indian village or in any Indian country, within Lower Oan,ada, without a license in writing from the Grovernor, under a penalty of forty dollars for the first otFence, and eighty dollars for the second and every other subsequent offence. 1*7 Gr. 3, c. T, s. 3. Such settlers 4. The Governor may, by a written instrument, order any "d'to^remOTT person who has become resident in any of the^Indian villages in Lower Canada, to remove from such village ; and in case of default by the said person so to remove from such Indian village, within seven days from such order being signified to him, he shall forfeit the sum of twenty dollars, for each , day after the said seven days, during which he continues to remain in such Indian village, with all costs of prosecution, and shall suffer imprisonment for a period not less than one month and not exceeding two months, and further, until he has paid the said last mentioned penalty and costs. 3, 4 V. c. 44, s. 2. Penalty on refusing. How penalties may be re- covered. Their appro- priation. 5. All the penalties imposed by this Act, for the offences therein specified, may be recovered by information on behalf of Her Majesty, before any two or more of Her Majesty's Justices of the Peace, for the district in which the offence is committed ; and such two or more Justices of the Peace shall hear and determine such information in a summary manner, and upon the oath of one credible witness, and shall levy the said penalties, together with the costs of suing for the same by a warrant to seize and sell the goods and chat- tels of the person or persons offending, and shall inflict the said imprisonment in the manner hereinbefore provided ; and all the said pecuniary penalties shall be paid into the hands of the Receiver Greneral, for the public uses of this Province. 3, 4 V. c. 44, s. 3. Informations 6. All informations under and by.this Act,shall be brought tobriSd"*^*^' within six months from the time that the offence is com- within six mitted, and not afterwards. 3, 4 V. c. 44, s 4. months. A . of a Commis- sioner of In- dian Lands. His powers and duties. PEOTECTION OF PKOPEKTY OF INDIANS. T. The Grovernor may appoint from time to time a Com- missioner of Indian Lands for Lower Canada, in whom and in whose successors by the name aforesaid, all lands or pro- perty in Lower Canada, appropriated for the use of any tribe or body of Indians, shall be vested in trust for such tribe or body, and who shall be held in law to be in the occupation and possession of any lands in Lower Canada actually occu- pied or possessed by any such tribe or body in common, or by any chief or member thereof or other party for the use or benefit of such tribe or body, and shall be entitled to receive 260 1860. Indians and Indian Lands. Chap. 14. 3 and recover the rents, issues and profits of .such lands and property, and shall, in and by the name aforesaid, subject to the provisions hereinafter made, exercise and defend all or any of the rights lawfully appertaining to the proprietor, possessor or occupant of such lands or property : 2. This section shall extend to any lands in Lower Canada Powers to ex- held by the Crown in trust for or for the benefit of any such ^fif ign^g'^" tribe or body of Indians, but shall not extend to any lands vested in any corporation or community legally established and capable in law of suing and being sued, or in any person or persons of European descent, although held in trust for or for the benefit of any such tribe or body. 13, 14 Y. c. 42, s. 1. 8. All suits, actions or proceedings by or against the said How suits, Commissioner shall be brought and conducted by or against brought^* ^^ him by the name aforesaid only, and shall not abate or be discontinued by his death, removal from office or resignation, but shall be continued by or against his successor in office : 2. Such Commissioner shall have in each civil district in Domicile of Lower Canada, an office which shall be his legal domicile, commissioner. and whereat any process, notice or like matter may be legally served upon him, and may appoint such deputy or deputies, and with such powers as he, from time to time, deems ex- pedient, or is instructed by the Grovernor to do. 13, 14 V. c. 42, s. 2, except proviso. 9. The said Commissioner may concede or lease or charga Oommissiou- any such land or property as aforesaid, and receive or recover cede^Ieasror the rents, issues and profits thereof as any lawful proprietor, charge lands. possessor or occupant thereof might do, but shall be subject in all things to the instructions he may from time to time receive from the Grovernor, and shall be personally respon- sible to the Crown for all his acts, and more especially for any act done contrary to such instructions, and shall account for all moneys received by him, and apply and pay over the same in such manner, at such times and to such person (..■ i* officer, as may be appointed by the Grovernor, and shal^ report from time to time on all matters relative to his office in such manner and form, and give such security, as the He siiaU give Grovernor shall direct and require ; and all moneys and move- ^*''""'y' able property received by him or in his possession as Com- missioner, if not duly accounted for, applied and paid over as aforesaid, or if not delivered by any person having been such Commissioner to his successor in office, may be re- covered by the Crown or by such successor, in any Court having civil jurisdiction to the amount or value, from the person having been such Commissioner and his sureties, jointly and severally. Ibid, s. 3. 10. Nothing herein contained shall be construed to Rigtta of in- derogate from the rights of any individual Indian or other diIJia°&V.r 261 saved. 4 Chap. 14. Indians and Indian Lands. 23 ViOT. private party, as possessor or occupant of any lot or parcel of land forming part of or included within the limits of any land vested in the Commissioner aforesaid. Ibid, s. 4. Who shall be 11- For the purpose of determining what persons are d^M"^withtn entitled to hold, use or enjoy the lands and other immoveable the meaning property belonging to or appropriated to the use of the of this Act. yarious tribes or bodies of Indians in Lower Canada, the following persons and classes of persons, and none other, shall be considered as Indians belonging to the tribe or body of Indians interested in any such lands or immoveable pro- perty :— Firstly. All persons of Indian blood, repijted to belong to the particular tribe or body of Indians interested in such lands or immoveable property, and their descendants ; Secondly. All persons residing.among such Indians, whose parents were or are, or either one of them was oris, descended on either side from Indians, or an Indian reputed to belong to the particular tribe or body of Indians interested in such lands or immoveable property, and the descendants of all such persons ; And Thirdly. All women lawfully married to any of the per- sons included in the several classes hereinbefore designated ; the children, issue of such marriages, and their descendants. 14, 15 Y. c. 59, s. 2. LANDS SET APART FOE. INDIANS. Certain iknds 12- Tracts of land in Lower Canada, not exceeding in the for'lndiaM*^'^* whole two hundred and thirty thousand acres, may, (in so far as the same has not been already done under the Act 14, 15 Yictoria, chapter 106,) under Orders in Council to be made in that behalf, be described, surveyed and set out by the Commissioner of Crown Lands, and such tracts of land shall be respectively set apart and appropriated to and for the use of the several Indian tribes in Lower Canada, for which they are respectively directed to be set apart in any Order in Council, made as. aforesaid, and the said tracts of land shall accordingly, by virtue of this Act, and without any price or payment being required therefor, be vested in and managed by the Commissioner of Indian lands for Lower Canada, under this Act. 14, 15 Y. c. 106, s. 1. Annual grant 13. There shall be paid yearly out of the Consolidated tribes'^^'^ Eevenue Fund of this Province, a sum not exceeding four thousand dollars, to be distributed amongst certain Indian tribes in Lower Canada by the Superintendent Greneral of Indian affairs, in such proportions amongst the said Indian tribes, and in such manner as the Governor in Council may from time to time direct. Ibid, s. 2. OTTAWA : Printed by Bbowm Chamberlih, Law Printer to the Queen's Most Excellent Majesty. 262 CHAP. XXILI. An Act respecting the Sale of Goods on Sundays. HEE Majesty, by and with the advice and consent of X the Legislative Conncil and Assembly of Canada, enacts as follows : — 1. Except as hereinafter provided — No shop-keeper, ped- Penalty on ler, hawker, tavern-keeper or other person keeping a public f^g^gooag^^^" house of any description, in any part of Lower Canada, shall wares or ' sell or retail any goods, wares or merchandize, wine. Spirits fP'^orTon or any other strong liquors, during the Lord's day, com- Sundaya. monly called Sunday ; and every person of the description abovesaid, who sells or retails such goods, wares or mer- chandize, " wine, spirits, or other strong liquors on the Lord's day, shall incur for the first offence, a penalty which shall not exceed twenty dollars, and for the second and every subsequent offence, shall incur a penalty not less than twenty dollars nor more than forty dollars : 45 G. 3, c. 10, s. 1. 2. And it shall not be lawful to sell any goods, wares or judicial sales merchandize, or any property moveable or immoveable, on ^aVe°on^Snii- Sunday, under the authority of any Court of Justice in day. Lower Canada, and any such sale made on Sunday shall be void and of no effect. 18 V. c. IIY, s. 1 . 2. This Act shall not hinder the said shop-keepers, But wine or tavern-keepers, and other persons who keep public houses, fSrnilh^d^to* to sell and furnish, on the Sunday, wine, spirits or other travellers, strong liquors to sick persons or travellers, nor prevent ^°' selling at the church doors of the country parishes on Exception as Sundays, the effects arising from public gatherings for the ^r p°iong pur- benefit of churches, or those destined for pious pur- poses. poses. 45 a. 3, c. 10, s. 2,-14, 15 Y. c. 100, s. 12, and 18 Y. c. 117, s. 1. 3. The said fines and forfeitures shall be recoverable How the fines before one of Her Majesty's justices of the peace nearest to the covered.'^^' place where the offence is committed, who shall hear and determine such offence in a summary way, either by voluntary confession of the party accused, or upon the oath of one or more credible witnesses, other than the prosecutor, except where such prosecutor is a church- warden, con- stable or peace officer, in which case he shall be a competent 268 2 Chap. 23. Sale of Goods on Sundays. 23 ViCT. And enforced, witness ; and in default of payment of tlie sum forfeited, it sKall be recovered by seizure and sale of the offender's goods and chattels, by warrant under the hand and seal of such justice, addressed to any peace officer or sergeant of militia,, and any surplus of the money so recovered after deduct- ing the forfeiture and reasonable charges of seizure and sale, taxed by a justice of the peace, shall be returned to the owner. 45 G. 3, c. 10, s. 3,— and 1 G. 4, c. 3, s. 10. Fines appro- 4. The One half of the said fines and forfeitures shall pria e . belong to the person prosecuting, and the other half shall belong to Her Majesty and shall be paid to the Receiver General for the public use of the Province. 45 G. 3, c. 10, s. 4. actio*n^"'° "^ ^* ^° prosecution shall be instituted against any person for any such fine or forfeiture unless it be commenced within two months after the offence committed. 45 G. 3, c. 10, s. 5. OTTAWA : Printed by Beowm Chambeelik, Law Printer to the Queen's Most Excellent Majesty 264 CHAP. LXIX. An Act respecting Building Societies. HEE Majesty, by and with tke advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — X» ^ -Vp TV * 2. Such, society shall be constituted for the purpose of Purpose for raising, by monthly or ether periodical subscriptions of the ^ciety^shall several members of the said society, in shares not exceeding be constitut- the value of four hundred dollars for each share, (and by * subscriptions not exceeding four dollars per month for each share,) a stock or fund for enabling each member to receive out of the funds of the society the amount or value of his share or shares therein, for the purpose of erecting or purchasing one or more dwelling houses, or other freehold or leasehold estate, such advance to be secured by mortgage or otherwise to the said society until the amount or value of his share or shares is fully paid to the said society, with the interest thereon, and with all fines or liabilities incur- red in respect thereof: 3. The several members of such society may, from time to Rules for the time, assemble together, and make, ordain and constitute of u™Sety such proper and wholesome rules and regulations for the to be made by government and guidance of the same, as to the major part ^^^ members. of the members thereof so assembled together seem meet, so as such rules be not repugnant to the express provisions of this Act, or to the laws in force in Lower Canada ; and may impose and inflict reasonable fines, penalties and forfeitures upon members of the society oflending against such rules, to be respectively paid to such uses for the benefit of the said society, as the said society by such rules shall direct ; and may also from time to time amend and alter such rules as occa- sion may require, or annul or repeal the same, and make new rules in lieu thereof, subject to the provisions herein- after made : 4. But no member shall receive from the funds of any Members to such society any interest or dividend by way of annual or profit7u°ntii other periodical profit upon any share in the society, until the amount of the amount of value of his share or shares has been realized, reaiized?"^*^^ ^^ except on the withdrawal of such member according to the iT^^„„*il„ 1 P . 1 .1 n . n TT L_ ^ CiXCeptlOU. rules 01 the society then m lorce. 12 V. c. 57, s. 1. 265 Chap 69. Building Societies. 23 Vict. Society may receive a bonus for ad- vance made to members. Appointment of board of directors. Majority of di- rectors must concur in all proceedings. Minute book of proceed- ings. Society to de- clare certain particulars in their rules. Application of moneys iiestricted. 2. Every such society may receive from any member any sum of money by way of bonus on any share, for the privi- lege of receiving the same in advance prior to its being realized, besides interest for the share so received or any part thereof, without being held thereby to contravene any law relating to usiiry. 12 Y. c. ST, s. 2. 3. Each such society shall, from time to time, elect and appoint any number of the members of the said society to be a board of directors (who shall choose a president and vice-president,) the number and qualification thereof to be declared in the rules of such society ; and may delegate to such directors the execution of all or any of the powers given by this Act ; and such directors being so elected shall continue to act during such time as shall be appointed by the rules of such society, the powers of such directors being first declared in and by the said rules ; and in all cases where directors are appointed for any particular purpose, the powers delegated to them shall be reduced to writing and entered in a book by the secretary of the society : 2. A majority of the number of such directors, present at any meeting thereof must concur in any act of such direc- tors in order to make such act valid, and they shall, in all things delegated to them, act for and in the name of such society ; and all acts and orders of such directors, under the powers delegated to them, shall have the like force and effect as the acts and orders of the society at any general meeting thereof could have had under this Act : 3. But the transactions of the directors shall be entered in a book belonging to the society, and shall from time to time and at all times be subject and liable to the review, allow- ance and disallowance of such society, in such manner and form as such society have by their general rules directed. 12 V. c. ST, s. 3. 4. Every such society shall, by one or more of their said rules, declare all and every the interests and purposes for which such society is established ; and shall also, in and by such rules, direct all and every the uses and purposes to which the money from time to time subscribed, paid or given to or for the use or benefit of the said society, or arising therefrom or in anywise belonging to the society, shall be appropriated and applied ; — and in w^hat shares or pro- portions and under what circumstances any member of such society, or other person, shall become entitled to the same, or any part thereof : 2. But the application of such money shall not in any wise be repugnant to the uses, interests or purposes of such society, or any of them to be declared as aforesaid ; — and dll such rules during their continuance shall be complied with and enforced ; and no such moneys as aforesaid shall be diverted or misapplied either by the directors or treasurer, 266 1860. Building Societies. Chap. 69. 3 or any other officer or mamber of the society entrusted there- with, under such penalty or forfeiture as the society may, by any rule, inflict for such oifence. 12 Y. c. 51, s. 4. 5- The rules for the management of each such society Rules to be shall be entered and recorded in a book to be kept for that book^tobe* purpose, which book shall be open at all seasonable times open for in- for the inspection of the members of such society ; but ^P'^'^^'O'^- nothing in this section shall prevent any alteration in or amendment of any such rules in the whole or in part, or " the making any new rules for the management of the society, in such manner as by the rules of the society may from time to time be provided. 12 V. c. 57, s. 5. 6- All rules from time to time made and in force for the Such ent^ to management of any such society and entered and recorded sufficient as aforesaid, shall be binding on the several members and notice and to officers of the society, and the several contributors thereto, "n^ing ^'^^ and their representatives, all of whom shall be held to have full notice thereof by such entry and record as aforesaid ; and the entry of such rules in the book or books of the said society as aforesaid, or a true copy of the same, examined with the original and proved to be a true copy, shall be re- ceived as evidence of such rules respectively, in all cases. 12 V. c. 57, s. 6. f. No rule entered as aforesaid shall be altered, rescinded How only or repealed, unless at a general meeting of the members of repeli^cTor'"^ the society, convened by public notice written or printed, amended. signed by the secretary or president of the society in pur- suance of a requisition for that purpose by more than one- half of the members of such society, which requisition shall state the objects for which the meeting is called and shall be addressed to the president and directors ; whereupon each member shall be notified of the proposed alterations through the post office, within fifteen days ; but three-fourths of the members present at such meeting must concur in such alterations or repeal. 12 V. c. 57, s. 7,-18 V. c. 116, ss. 1 and 2. 8. The rules of every such society shall specify the place Place of meet- or places at which it is intended that the society shall hold s°f ^1^ J *° ^^ its meetings, and shall contain provisions with respect to ^^^" the powers and duties of the members at large, and of such officers as may be appointed for the management of the affairs of the society. 12 V. c. 57, s. 8. 9- The directors of every such society shall from time to Appointment time at any of their usual meetings, elect and appoint such °^ °®'=''''^- officers of the society, and grant such salaries and emolu- ments as they may deem fit and pay any necessary expenses incurred in the management of the society ; and shall elect such officers for such space of time and for such purposes as 267 4 Chap. 69. Building Societies. 23 ViCT. shall be fixed and established by tjje rules of the said society, and may from time to time discharge them and appoint others in the room of those who vacate or die or are dis- charged : Certain offi- 2. Every such officer or other person appointed to any security^for office in any wise concerning the receipt, management or the faithful expenditure of any sum of money collected for the piirposes their dutfes. ^^ ^^^ ^^^^ society, shall, before being admitted to take upon him the execution of any such office or trust, enter into a bond in such form and for such amount as the directors may determine, with two sufficient sureties, for the just and faith- ful execution of such office or trust, and for rendering a just and true account according to the rules of the said society for paying obedience to the same and in all matters lawful. 12 Y. c. 57, s. 9. ho?d^reaf *^ 10« Any such socicty may take and hold any real estate, estate hypo- or securities thereon, bon& fide mortgaged, assigned or them*^ *° hypothecated to the said society, either to secure the pay- ment of the shares subscribed for by its members, or to secure the payment of any loans or advances made by, or debts due to such society, and may also proceed on such mortgages, assignments or other securities, for the recovery of the moneys thereby secured, either at law or in equity or iiiTestment of otherwise ; and such society may invest in the names of the surplus funds, president and treasurer for the time being, any of its surplus funds in the stocks of any of the chartered banks or other public securities of the province ; and all dividends, interest and proceeds arising therefrom shall be brought to account and applied to and for the use of the society according to the rules thereof. 12 Y. c. 61, s. 10. Society may 11. Any such society may, from time to time, lend and Mrtain°cou™ adA^ance to any member or other person, money from and ditions. out of its surplus funds, upon the security and mortgage (hppotheque) of real estate, and for such period as to the society or its directors seems satisfactory or expedient, and may receive therefor such sum of money, by way of bonus, besides interest thereon, as may be agreed upon, without being subject on account thereof to any forfeiture or penalty, and may from time to time vary such investments at their discretion. 20 Y. c. 54, s. 1. s°?'^*y ™^y 12- Whenever any such society has received from any hypothecated shareholder a mortgage or hypothec, or an assignment or to them on transfer of any real estate belonging to him or her, to secure of 'in^stau"'" the payment of any advance, and containing an authority to ments, &c., the Society to sell such real estate in case of non-payment secured there- n j.-tj.j t_ j?-j.i i. c by. 01 any stipulated number oi instalments or sums ot money (as every such society is hereby authorized to do) and con- taining also power to the said society to apply the proceeds of such sale to the payment of the advances, interest and all 268 1860. Building Societies. Chap. 69. 5 other charges due to the said society, and after perfect pay- ment thereof and of all costs and expenses incident thereto, to pay over the balance to the owner of such estate ; — such stipulations and agreement shall be valid and binding to all intents and purposes whatsoever, and such society may Actions at cause the same to be enforced by an action or proceeding in ^^^^^-^ the usual course in any court of law in Lower Canada, hav- the corporate ing competent jurisdiction" and such action may be brought name. in the corporate name of any such society. 14, 15 V. c. 23, s. 1, and 18 Y. c. 116, s. 3. 13. Every such society may advance, in the usual manner. Nature of se- moneys on any real estate whatsoever of any member of the curities upon said society, as well for the actual purchase of the same and ^ay adr ance for the erection of buildings thereon, as generally upon the moneys, security of any real estate belonging to any such member at the time of his borrowing such moneys, and may take a mortgage, hypothec or assignment of all such real estate whatsoever in security for such advances, on the same con- ditions and with the same privileges in all respects as any other real estate by this Act authorized to be mortgaged, hypothecated or assigned ; and all securities heretofore taken for moneys advanced in the manner above mentioned shall be valid and binding on the parties to all intents and purposes whatsoever, as if taken under this Act : 2. All or any person or persons whosoever, whether capi- Who may be talists or otherwise, may become members of any such ^u^'Jn'^^^ °\ society ; and co-partners and corporate bodies may hold shares cieties. therein, in the same manner as single individuals. 14, 15 Y. c. 23, s. 4. 14. In any action or proceeding instituted by any such What must be society for the purpose of realizing or bringing to sale any ^^^^^^ ™ jj*'' property hypothecated, mortgaged or assigned to the society property hy- as aforesaid, it shall not be necessary to set forth the special po^ecated. matters in the declaration, — but it shall be sufficient to allege that the defendant hypothecated, mortgaged or assigned (as the case may be) the real estate, describing the same, to the society, and that the amount (or sufficient part of the amount) stipulated by such party to be paid, has become and remains due and owing, whereby by virtue of this Act an action hath accrued to the society, to have the said estate and property sold : 2. In order to maintain such action, it shall be sufficient, in What evi- addition to the customary evidence of the hypothec mort- ^^'^^ '^'" ^ . „ •' , , , j'±'">'-">=^j ■lii'-'J-"- suffice m such gage or assignment of such property or estate, to prove by actions. any one witness, whether in the employment of, or a share- holder in such society or not, or by any other means, that the defendant is in arrear and indebted to the said society in or exceeding a sum on the accruing of which, by the terms of such hypothec, mortgage, assignment or agreement, the said society has the right to have the said property or 209 6 Chap. 69. Building Societies. 23 ViCT. estate sold ; and thereupon the court shall give judgment for the said amount, and by such judgment order the pro- perty to be sold by the shexiiFof the district wherein it lies, after three insertions in the course of four months in the Canada Gazette ; and it shall not be necessary for the sheriff to go through any formalities in seizing the said lands or otherwise : Laws in re- 3. All the laws of Lower Can'ada, with respect to the estate waltf' Protection of immoveable property under seizure, and with seizure to respect to the filing of oppositions to the sale of lands or ceedmgs ^^°' imnioveable property, or after such sale, to the payment, under this return and distribution of the money, to the re-sale of such ^'^^- immoveable property at the foUe enchere of any purchaser, and to the obtaining possession of any such immoveable property after sale, shall be applicable to the proceedings authorized by this Act ; and the provisions of all laws of Lower Canada regulating the sale of real estate, and the judicial proceedings relative thereto, shall, in so far as applicable, and it is not otherwise provided for by this Act, extend to all proceedings to be had under this Act ; and if it be not otherwise herein directed, all such proceedings, in so far as may be, shall be conducted in like manner as proceed- ings under ordinary writs of execution, and the deed to be given by the sheriff shall have the like effect as a deed given under an ordinary writ of execution ; except that the sheriff of the district shall, in addition to his disbursements,' be entitled to deduct only one per centum commission from the gross proceeds of the sale. 14, 15 V. c. 23, s. 2. Cases in 15. Every such society may forfeit and declare forfeited may be^de-^^ to the society, the shares of any member who neglects or Glared forfeit- is in arrear to pay such number of instalments as may be *•*• fixed by any stipulation or by-law ; and every such society may pursue the same course, exercise the same power, and take and use the same remedies to enforce the payment of any debt or demand due to such society, as any person or body corporate may by law take or use for such purpose. 14, 15 V. c. 23, s. 3. Provision in 16. If any person appointed to any ofl&ce by any such the death or society, and being entrusted with and having in his hands insolvency of or possession, by virtue of his office, any moneys or effects such "society" belonging to such society, or any deeds or securities relating to the same, dies or becomes bankrupt or insolvent, his heirs executors, curators, administrators or assigns, or other person having a legal right, shall, within fifteen days after demand made by the order of the directors of such society or the major part of them, assembled at any meeting thereof, deli- ver over all things belonging to the said society, to such persons as the said directors shall appoint, and shall pay out of the estates, assets or effects of such person, all sums of money remaining due which such person received by virtue 270 1860. Building Societies. Chap. 69. t of his office, before any of his other debts are paid or satis- fied, and all sach assets, estates and effects shall be bound to the payment and discharge thereof accordingly ; except that the same shall not be paid or satisfied to the prejudice of mortgages or privileges on real estate, or of liens or privi- leges on personal estate only, duly executed previous to the appointment of such officer. 12 V. c. 57, s. 11. 17. All real and personal property, moneys, goods, chat- All the pro- tels and effects whatever, and all titles, securities for money ^ach^^ocie'ty° or other obligatory instruments and evidences or muni- to be vested ments, and all other effects whatever, and all rights and j^^^*^ ^^^^l claims belonging to or had by any such society, shall be ate name, vested in the society by its corporate name and style, de- clared in the declaration mentioned in the first section of this Act as that under which such society shall be known ; and shall for all purposes of action or suit, as well criminal as civil, in law as in equity, in any wise touching or con- cerning the same, be deemed and taken to be, and shall in every such proceeding (when necessary) be stated to be, the property of* the society by the name and style aforesaid, without further description, and by the said name and style the society may sue and be sued, bring or defend any action, suit or prosecution, criminal as well as civil, in law or in equity, touching or concerning the property, right or claim of or belonging to the society, and in all cases concerning any property, right or claim of the said society, may sue and be sued, plead and be impleaded: 12 V. c. ST, s. 1., — and 18 V. c. 116, s. 3. 2. But nothing ia this Act has abated or discontinued or Pending shall abate or discontinue or affect any action, prosecution atecSd. or proceeding brought on behalf of any such society by the president and treasurer thereof ; and the same shall be con- tinued in the corporate name of the society. 18 V. c. 116. 18. In all such actions, suits and prosecutions to which The secretary any such society is a party, the secretary of such society petenfw?™' shall be a competent witness, notwithstanding he be also ness. treasurer, and that his name has been used in such action, suit or prosecution as such treasurer. 12 Y. c. 5V, s. 13. IW. The president, vice-president and directors of every Liability of such society shall in their private capacity be exonerated y'mited"^^ from all responsibility in relation to the liabilities of such society. 12 V. c. 5Y, s. 14. 20. The rules of every such society shall provide that General state- the treasurer or other principal officer thereof shall once at to be annually least in every year prepare a general state^nent of the funds prepared by and effects of the society, specifying in whose custody or possession the said funds or effects are then remaining, with an accotint of every sum of money received and expended 271 Chap. 69. Building Societies. 23 Vict. by or on account of the society since the publication of the preceding periodical statement ; and every such periodical statement shall be attested by two or more members of the said society appointed auditors for that purpose, who shall not be directors, and shall be countersigned by the secretary of the society, and every member shall be entitled to receive from the said society a copy of such periodical statement, without charge. 12 Y. c. 57, s. 15. PERMANENT BUILDING SOCIETIES. This Act to extend to permanent building societies. Permanent building Bocieties hav- ing fulfilled the conditions required under this Act to be building 30- •cieties within the meaning thereof. Such societies may amend, &c., their rules, and how. 21. Permanent building societies, enabling persons to become members thereof at any time for investment therein, or to obtain the advance of their shares by giving security therefor, and to fix and determine with any such society the time and amount at and by which such members shall repay such advanced shai'es and obtain the release of the said security, without being liable to the contingency of losses or profits in the business of the said society, may be formed and subsist under this Act. 22 V. (1859) c. 58, pre- amble, s. 1. 22. Any permanent building society established and con- ducted on the principles hereinbefore mentioned, which has fulfilled and observed the requisite conditions for the establishment of a building society under the foregoing provisions of this Act, shall be a building society within the meaning of this Act ; and any person who has approved the rules and regulations of any such building society entered and recorded in a book, as in the fifth section required, and has subcribed his name as a shareholder for one or more shares, shall, from the time of such approbation and subscrip- tion be a 'member of such building society ; and the pro- duction of the book containing the rules for the management of such society, kept as in the said section required, signed by such person or by his duly authorized attorney, and duly witnessed, shall be suf&cient evidence of membership in such building society. 22 Y. (1859) c. 58, s. 1. 5^3. Any permanent building society may alter, amend, repeal or make any regulation, rule or by-law for the work- ing of the society at a public meeting of the members thereof, duly convened according to this Act and the rules of such society. Ibid, s. 2. To what ex- 24. j^q such society, by its rules, regulations and by-laws cietymaybo'r- authorized to borrow money, shall borrow, receive, take or row money, retain, otherwise than in stock and shares in such society, from any person or persons, any greater sum than three- fourths of the amount of capital actually paid in on unad- vanced shares and invested in real securities by such society ; — and the paid in and subscribed capital of the society shall 272 1860. Building Societies. Chap. 69. 9 ■be liable for the amount so borrowed, received or taken by -any society. 22 Y. (1859) c. 58, s. 3. 35. "When any share in any such society has been fully Holders of paid up according to the rules of the society, or has become ^^id^up^mi^y due and payable to the holder thereof, the holder of such withdraw or share may either withdraw the amotint of such share from '^Q„Qt^^ the said society, according to the rules and regulations thereof, or invest the amount of such share in the society, and receive therefrom, periodically, such proportion of the profits made by such society as shall be provided for by a by-law to be passed for the purpose ; and the amount of such share so invested shall become fixed and permanent capital or shares in the said society not withdrawable therefrom, but transferable in the same manner as other shares in the said society. Ibid, s. 4. 36. Any such society may advanc(3 to members on the Society may security of investing on unadvanced shares in the said soci- on''°n™dTanc- ety, and may receive and take from any person or body cor- ed shares. porate, any real or personal security of any kind whatever as collateral security for any advance made to members of the society. Ibid, s. 5. 37. Any such society may hold absolutely real estate for Society may the purposes of its place of business, not exceeding the je"afggtate "^ annual value of six thousand dollars. Ibid, s. 6. •-' S. No such society shall be bound to see to the execu- Society not tion of any trust, whether expressed, implied or construe- ^"th^execvT- tive, to which any share of its stock is subject; and the tion of trusts receipt of the party in whose name any such share stands in *° ^'"^a^'be the books of the society, (or if such share stand in the names subject. of more parties than one, the receipt of one of the parties) shall be a sufficient discharge to the society for any payment of any kind made in respect of such share, notwithstanding , any trust to which such share is then subject, and whether or not the society has had notice of such trust ; and the society shall not be bound to see to the application of the money paid upon such receipt. Ibid, s. 7. 39. Nothing in this Act shall apply to or affect " The Nothing in Montreal Building Society," incorporated under the Act afffectthe*" eighth Victoria, chapter ninety- four, or in any wise to aff'ect Montreal the said Act. 12 V. c. 57, s. 16. If^f;''^ ^°- 30. In this Act the word "society" means a bitilding interpreta- society established under this Act ; the word " Eules " shall ^"^dt '"^'^ include rules, orders, by-laws and regulations ; the words " Eeal Estate " mean and include immoveable estate and property generally ; and the words " Personal Estate " jnean and include all moneys, goods, chattels and other 18 273 10 Chap. 69. Building Societies. 23 Vict. Application. And con- struction of this Act. property not being real property ; and the word " Securi- ties " includes privileges, mortgages (equitable as well as legal,) hypotheques and incumbrances upon real estate, as well as other rights and privileges upon personal estate and property : 2. This i'ict shall extend to aliens, denizens and females, both to make them subject thereto and to entitle them to all the benefits given thereby : 3. This Act shall be construed in the most beneficial man- ner for promoting the ends thereby intended. 12 V. c. Si, s. 1*7. OTTAWA Printed by Brown Chasibbrlin, Law Printer to the Queen's Most Excellent Majesty. 274 CHAP. LXXXVII. An Act respecting Arrest and Imprisonment for Debt, and the relief of Insolvent Debtors. HER. Majesty, by and -with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — # * i/^ * ^ * * SURRENDER OF PROPERTY AND RELIEF OF INSOLVENT DEBTOES. 12. If Judgment for a sum of, or exceeding eighty dollars, D«feudant^^^ exclusive of interest from the service of process and costs, is ge^'JiSfy^pon rendered against any defendant who has been arrested and judgment ^ has put in security as hereinbefore is provided, then such aga°inst'Mm, defendant shall, within thirty days from the rendering of to make a cer- such Judgment, if the same remains then unsatisfied, make ^ent***^' and file in the office of the Prothonotary of the Court a state- ment under oath, making known of what property, real or personal, he is possessed, and where the same is situate, to the intent that the plaintiff" may proceed and take the said property in execution, if he sees fit, and also making known the names and addresses of all and every the creditors of such defendant, and the amount and nature (privileged, hypothecary or otherwise) of the claim or claims of every such creditor, and also a declaration that he is willing to abandon the property real and personal set forth in the said statement for the benefit of his creditors : 12 V. c. 42, s. 4, part. 2. If the defendant neglects to file such statement as afore- Consequences said, or if at any time within two years after the filing of "o make sucU such statement, the plaintiff" in the suit establishes, either statement or by the examination of the defendant under oath, or by other fofge^gfat^- evidence, — that when the statement was so filed the defen- meut. dant was proprietor of any chattels, eff"ects, lands or tene- ments, of the value of eighty dollars, wilfully omitted from the said statement, — or that at any time between the insti- tution of the plaintiff"'s action and the making of such state- ment on the part of the defendant, or within thirty days next preceding the institution of such action, the defendant secreted any part of his property with the intent of defraud- ing his creditors, — or that the defendant has made any 181 275 2 Chap. St. Insolvent Debtors, ^-c. 23 V-ICT fraudulent mis-statement in respect of his creditors or their claims, — or if the defendant fails to appear for the purpose of being examined in relation to such statement, at any time appointed for such examination by the court or any Judge thereof, — then the Court,or any Judge thereof, in term or in vacation shall order the defendant to be imprisoned in the common gaol of the District for such period hot exceed- ing one year as such Court or Judge thinks reasonable, in punishment of the misconduct of which he or they shall adjudge such defendant to have been guilty : Liabiiitj; of 3. And if the defendant, so ordered to be imprisoned, does feudantdoes' ^^^ Surrender himself and is not surrendered for that pur- not surrender pose according to the requirements of the order in that himself. behalf, then the parties who have so become security that the defendant would so surrender himself, shall forthwith be liable to pay to the said plaintiff the debt, interest and costs, in relation to which such security was given, and all subsequent costs. 12 Y. c. 42, s. 4. Defendant in 13. Any defendant arrested as aforesaid, and confined in makeTiike g^ol, may, at any time either before or after judgment, make statement. and file a statement of his property real and personal, and of his creditors, such as is mentioned in the next preceding section of this Act, and may make and file with such state- ment a declaration that he is willing to abandon the pro- perty real and personal set forth in the said statement, for the benefit of his creditors : Upon proof of 2. If the plaintiff, within four months from the service fendant may upou him or upon his Attorney of a copy of such statement be imprison- and declaration, establishes either by the examination of the * ■ defendant under oath or by other evidence, that when the statement was so filed, the defendant was proprietor of any chattels, effects, lands or tenements of the value of eighty dollars, wilfully omitted from such statement, — or that at any time between the institution of the plaintiffs action and the making of such statement on the part of the defend- ant, or within thirty days next preceding the institution of such action, the defendant secreted any part of his pro- perty with the intent of defrauding his creditors, — or that the defendant has made any fraudulent mis-statement in respect of his creditors or their claims, — then the Court, or any Judge thereof, in term or in vacation shall order the defendant to be imprisoned in the Common G-aol of the Dis- trict for such period not exceeding one year, as such Court or Judge thinks reasonable, in punishment of the miscon- duct of which he or they shall adjudge the defendant to have been guilty : Butifnofraud 2. But if no omission such as aforesaid in the statement feuSauUo be' SO made and filed by the defendant, is established, and if it discharged, is not established that the defendant has secreted any part of his property within the period aforesaid, and with the intent aforesaid, then the said Court, or any Judge 276 1860. Insolvent Debtors, 8fc. Chap. 87. 3 thereof, iu term or in vacation, at the expiration of the said period of four months, may order the defendant to be dis- charged irom his imprisonment : 12 V. c. 42, s. 6. 4. In any case where such omission or other misconduct Period for has been formally alleged against the defendant before the may'be^ex-" expiration of the said term of four months, the Court or tended. Judge, upon satisfactory cause shown, may extend the time during which proof relative to such complaint may betaken, for a period of not more than two months, and if, during such extension of time, such omission or other misconduct is established, the Court or Judge may order such defendant to be imprisoned in punishment thereof in the same manner as if the same had been established during the said term of four months. Ibid, s. 5. APPOINTMENT OF A CUBITOR, — HIS POWEES AND DUTIES. 14. "When any defendant arrested or imprisoned as afore- Curator to be said, has made and filed a statement of his property real and S'i'prop^erty personal as aforesaid, and has declared himself willing to abandoned by abandon the same for the benefit of his creditors, the Court or any Judge thereof, upon the application of the plaintiff, (if made within two months from the service of such state- ment and declaration upon the plaintiff or his Attorney, and after filteen days' notice, in the form of the Schedule No. 1, subjoined to this Act, of the time and place of such applica- tion, previously given in the Canada Gazette,) may appoint, at the discretion of such Court or Judge, after hearing any parties claiming to be interested, a fit and proper person as Curator to the property so offered to be abandoned ; — and of ^"^'Ji^^+'^P' such appointment notice shall by such Curator forthwith ^°'" be given (in the form of Schedule No. 2, subjoined to this Act) for the space of one month in the Canada Gazette, and also for any period which may be ordered by the Court or Judge, in any other newspaper or newspapers which they see fit to name. 15. In case the Curator fails or delays to give such notice. Opposition to then the same may be given either by the plaintiff or by the mtnt^ ^' defendant ;— and during the said period of four months, within which the plaintiff has it in his p.ower to adduce evidence with respect to any omissions such as aforesaid, in the statement so made and filed by the defendant, or with respect to the defendant having secreted any part of his property within the period and with the intent aforesaid, or made any fraudulent misstatement in respect of his creditors or their claims, any other creditor of such defend- ant may appear in the cause in relation to which such notice Sas been given, and may adduce evidence and examine the defendant' for the same purpose, in the same manner and with the same effect as the plaintiff in such cause under this 277 4 Ohap. 8*7. Insolvent Debtors, 8fc. 23 ViCT. Act can adduce such evidence or examine the defendant. 12 Y. c 42, s. 6, part. Effect of 16. 'W'henever a defendant has been arrested or impris- Ic., if m' oned, and has declared his willingness to abandon all his fraud be property, real and personal, for the benefit of his creditors, ^^°^^ ' and a Curator has thereupon been appointed to take charge of such property, and public notice has been given of the appointment of such Curator within fifteen days after the same has been made, and the defendant is not adjudged guilty of any misconduct in the premises rendering him liable to punishment as hereinbefore provided, he shall not thereafter be liable to be arrested or imprisoned or detained in prison at the suit of the plaintiff by whom he wa s arrested, or at the suit of any other person, for or by reason of any cause of action arising before the making and filing of such statement and declaration by such defendant : If again ar- 2. And if such defendant is notwithstanding at any fendant on time afterwards arrested for or by reason of any such cause petition may of action, the Court or any Judge of the Court whence the e c arge . pj.Q(,ggg issued for such arrest may upon a summary petition and satisfactory proof, order him to be discharged out of custody. 12 V. c. 42, s. 8. Powers of the IT. The powers of the Curator shall extend not only to cura or. ^-^^ property real and personal comprehended in the state- ment made and filed by the defendant, but also to any other property real or personal of the defendant, that ought to have been comprehended in such statement : How the pro- 2. The real estate comprehended or that ought to have disposed^of. ^ been comprehended in such statement, shall be sold upon such Curator in the ordinary course of law ; and the personal property comprehended or that ought to have been compre- hended in such statement shall be collected and got in by such Curator, and by him be paid over or distributed, also in the ordinary course of law. Ibid, s. 7. Statement may be required of certain Defendants. Defendant, in 18. jj^ every case in which a judgment has been rendered may be cafied against a defendant for a sum amounting to or exceeding upon for a eighty dollars, exclusive of interest from the service of pro- ws property C6SS and costs, in any commercial case, between merchants and debts. or traders, or for a debt due a merchant or trader for goods, wares and merchandize by him sold, such defendant shall, after the discussion of his apparent property real and per- sonal in the ordinary course of law, within thirty days from personal service upon him of a certified copy of such judg- ment, together with a notice in writing (in the form of the Schedule No. 3, subjoined to this Act) demanding of him that he do make and file the statement hereinafter mentioned, — make and file in the ofiice of the Prothonotary of the Court, 278 1860. Insolvent Debtors, Sfc Chap. 81. & a statement under oath, making known of what property, real or personal, he is possessed, and where the same is situate, to the intent that the plaintiff may proceed and take the said property id execution, if he sees fit, and also making known the names and addresses of all the creditors of such defendant, and the amount and nature (privileged, hypothe- cary or otherwise) of the claim of eA'ery such creditor: 12 Y. c. 42, s. 8. 2. If the defendant neglects to file such statement, or if at Punishment any time within two years after the filing of such statement, "rfusfng to file the plaintiff in the suit establishes, either by the examina- such state- tion of the defendant under oath or by other evidence, — "J^*' °^ that when the statement Was so filed the defendant was fraud, sup- proprietor of any chattels, effects, lands or tenements, of the f ™guc'J[''s*teL value of eighty dollars, wilfully omitted from the said state- ment ment, — or that at any time between the institution of the plaintiffs action and the making of such statement on the part of the defendant, or within thirty days next preceding the institution of such action, the defendant secreted any part of his property with the intent of defrauding his creditors, — or that the defendant has made any fraudulent mis-statement in respect of his creditors or their claims, — or if the defendant fails to appear for the purpose of being ex- amined in relation to such statement, at any time appointed for such examination by the Court or any Judge thereof, then the said Court, or any Judge thereof, in term or in vacation, shall order the defendant to be imprisoned in the common gaol of the District, for such period not exceeding one year as such Court or Judge thinks reasonable, in pun- ishment of the misconduct of which he or they may adjudge such defendant to have been guilty. Ibid, s. 8, and 25 G-. 3, c. 2, s. 38. MISCELLANEOUS PROVISIONS 19. All the provisions of this Act shall extend and apply This Act to to, and be held to extend and apply to, all persons who at ^PP^? *° .P*'" the time of the passing of the Act 12 V. c. 42 (on the thir- ed'the°ttol°of tieth day of May, 1849), or at any time thereafter, were or ^^Y*^^'"! °^ are in prison under any Writ of Capias ad respondendum or " ■'"■'*■ Capias ad satisfaciendum, as well to those who have surrend- ered in discharge of their bail, or who have been surrendered in discharge of their bail, as to others. 12 V. c. 42, s. LO. 20. Nothing in this Act or by this Act required or per- This Act not mitted to be done, shall have the effect of discharging any s^rSed^Ts'dia- debt or debts due by any person proceeded against or taking charging any any proceedings under this Act; but all such debis shall '^^'"• continue in all respects unimpaired, excepting only that the debtor shall not be liable to be arrested or imprisoned in relation to such debts, if expressly exempted from such liability by the provisions of this Act. 12 V. c. 42, s. 11. 219 6 Chap. 8Y. Insolvent Debtors, SfC. 23 ViCT. Act not to 21. Nothing in this Act shall prevent any person arrested. putting in of iiiKier any Writ of Capias ad respondendum, from putting in special bail, special bail to the action, as permitted by the law of' Lower Canada, excepting only that such special bail shall not be received unless put in on the return day or at any time before the return day, or within the eight days next after the return day : Time for so But the Court may, upon special application and sufficient extended!''' ^ cause shewn, extend the time for putting in such special bail; and the Court may also upon special application and sufficient cause shewn, allow any defendant arrested, and who has given bail for his appearance at the return of the- Writ, to put in security that he w^ill surrender himself as provided by the tenth section of this Act even after the period in that behalf prescribed by the said section. 12 V. c. 42, s. 12. Form and 32. The bond to be taken by any sheriff for the appear- bondg.°^ ^^'^' ance of any defendant arrested and holden to bail, shall be according to the form contained in the Schedule No. 4 sub- joined to this Act ; and no Sheriff is or shall be held liable towards any plaintiff, at whose suit any defendant has been at any time arrested and admitted to bail by such Sheriff, if the bail taken by such Sheriff were, at the time they were taken as such bail, solvent or reputed so to be, to the amount of the sum for which the bond entered into by such bail was given. Ibid, s. 13, part. Bail-bonds to 23. Nothing in this Act shall prevent any Sheriff from as herefofore? assigning any bail-bond by him to be taken under this Act, in the manner that bail-bonds formerly taken by any Sheriff were assignable. Ibid, s. 14. ACT NOT TO EXEMPT PABTIES FEOM IMPRISONMENT IN CASES OF MALVERSATION, ETC. Nothing here- 24. Nothing in this Act contained shall extend to exempt Ton°r par corps for curator, sequestrator, depositary, sheriff", coroner, bailiff or OT^contemX other officer having charge of public moneys, or being a of court. caution j-udiciaire, or indebted for the purchase money of any lands or tenements, goods or chattels, sold and adjudged under the authority of justice by licitation. Sheriff's sale, decret or otherwise, or for the amount of any condemnation money for damages arising out of personal wrongs for which contrainte par corps may by law be awarded, nor shall any thing herein contained prevent the issuing of any writ of execution against the person, for contempt of the process of Court or other attachment {contrainte par corps} of like nature, against any defendant for resistance to the process of Court (rebellion d justice) or for any fraudulent 280 1860. Insolvent Debtors, 8fC. Chap. 8*7. evasion of any judgment or order of Court by preventing or obsti noting the seizure of property in satisfaction thereof. 12 V. 0. 42, s. 15,-18 Y. c. 16. SCHEDULE No. 1. Province of Canada, District of In the Superior Court. No. {here state the number of the action.) A. B., Plaintiff ; vs. C. D., Defendant. Public Notice is hereby given, in pursuance of the pro- visions of Chapter eighty-seven of the Consolidated Statutes for Lovrer Canada, intituled : " An Act," {here insert the title of this Act), that at the hour of in the noon of , the day of next {or instant, as the case may be), or as soon after that hour as may be, at the Court House at * • {or as the case may be), at the Chambers of the Judge, {sufficiently) describing the same), the said A. B., Plaintiff in this cause, will apply to {naming the Court, and indicating whether the application is to be made to such Court, or to a Judge thereof), for the appointment of a fit and proper person to be Curator to the property, real and personal, of the said C. D., Defendant in this cause, who has made and filed in the Ofiice of the Prothonotary of the said Court, a statement under oath of the same, and also of his Creditors and their claims, together with a declaration that he is willing to abandon his property for the benefit of his Creditors — the whole as by the said Act required. And all persons, creditors of the said C. D., are hereby notified ihen and there to attend, to make to the said Court {or Judge, as the case may be) such representation or state- ment in the premises as they may see fit to make. Given at , this day of , 18 . A. B., Plaintiff. 281 Chap. 87. Insolvent Debtors, Sfc. 23 ViCT. SCHEDULE No. 2. Province of Canada, District of In the Superior Court. No. {here state the number of the action.) A. B., Plaintiff; vs. C. D., Defendant. and E. F., Curator to the property and effects of the said Defendant. Public Notice is hereby given, in pursuance of the pro- visions of Chapter eighty-seven of the Consolidated Statutes for Lower Canada, intituled : " An Act," {here insert the title of this Act,) that on the day of instant {or last past as the case may be) the said E. F., of {state here the address and calling of the Curator) was, by order of {describe here the Court or Judge in question), appointed to be Curator of the property and effects, of every kind, real and personal, of the said C. D., Defendant in this cause, abandoned by the said C. D. for the benefit his creditors — the whole as by the the said Act provided. And all persons, creditors or debtors of the said C. D., are hereby notified and required to govern themselves in the premises accordingly. Griven at , this ' day of , 18 . E. F., Curator. {Or A. B., Plaintiff, or C. D., Defendant, as the case may be.) SCHEDULE No. 3. To C. D., of {state here the address and calling of the party,) Defendant in the cause wherein the Judgment, an authen- tic copy whereof is hereunto affixed, has been rendered. Take notice that the undersigned, A. B., • Plaintiff in the said cause, hereby demands of you, under and by virtue of the eighteenth section of Chapter eighty-seven of the Con- solidated Statutes for Lower Canada {here insert the title of this Act) — a copy of which section is hereunto subjoined for your further information in the premises — that, within thirty days from the personal service to be made upon you of the foregoing certified copy of the said Judgment, to- gether with this notice, you do make and file the statement in the said section prescribed, in the manner and under the penalties therein set forth. Done at , this day of , 18 . A. B , Plaintiff. {Here insert a copy of the said eighteenth section of this Act.) 282 1860. Insolvent Debtors, 8fc. Chap. 8*7. SCHEDULE No. 4. Form of Bail-bond. Know all men by these presents, that we, [name here the Defendant and his bail,) are held and firmly bound to {name here the Sheriff,) Sheriff of the District of , in Lower Canada, in the sum of {state here the amount sworn to and endorsed on the Writ, with twenty-five per centum added for interest and costs,) to be paid to the said Sheriff, or his certain attorney, executors, administrators or assigns ; for which payment, to be well and faithfully made, we bind our- selves, and each of us by himself for the whole and every part thereof, and the heirs, executors, and administrators of us, and every of us, firmly by these presents, sealed with our seals, and dated this day of , in the year of the Reign of Our Sovereign Lady Victoria, by the Grace of G-od, of' the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and in the year of Our Lord one thousand eight hundred and Whereas the above bounden {name here the Defendant) has been by the said Sheriff arrested under and by virtue of a certain "Writ sued out of the Superior Court in the District of , at the instance of {name here the Plaintiff,) and to the said Sheriff in due course of law delivered ; The condition of this obligation is such that if the said {name here the Defendant) do on {state here the return day of the Writ,) or at anytime previously thereto, or within eight days thereafter, give good and sufiicient security to the satis- faction of the Superior Court in the said District or of any one of the Judges of the said Court, that he, the said {name here the Defendant,) will surrender himself into the custody of the said Sheriff whenever required so to do by any order of the said Court, or of any Judge thereof, made as by law provided, or in default thereof will pay to the said {name here the Plaintiff) the debt for which he, the said {name here the Defendant,) has been arrested as aforesaid, with interest and costs ; or do on {state here the return day of the Writ,) or at any time previously thereto, or within eight days there- after, put in special bail, as by law provided, to the action wherein the said "Writ has been sued out as aforesaid, then this obligation shall be void and of no force, but otherwise shall stand in full force, vigor and effect. Signed, sealed and delivered in presence of OTTAWA : Printed by Beown Chambeklih, Law Printer to tlie Queen's Most Excellent Majesty. 283 CHAP. XCV. An Act respecting the Writ of Habeas Corpuf), Bail, and other provisions of law for securing the Liberty of the Subject. LI EE Majesty, by and with the advice and consent of the -'-'- Legislative Council and Assembly of Canada, enacts as follows : — IN CRIMINAL MATTERS. Who may obtain the Writ and how. All persons 1. All persons committed or detained in any prison with- fOT^crMnai ill Lower Canada, for any criminal or supposed criminal offences en- offence, shall of right be entitled to demand and obtain. writofL^Jcas fi'om the Court of Queen's Bench or from the Superior Court corpus. or any one of the Judges of either of the said Courts, the writ of habeas corpus, with all the benefit and relief result- ing therefrom, at all such times, and in as full, ample, per- fect and beneficial a manner, and to all intents, uses, ends and purposes, as Her Majesty's subjects within the realm of England, committed or detained in any prisou within that realm, are there entitled to that writ and to the benefit arising therefrom, by the common and statute laws thereof. 24 a. 3, c. 1, s. 1,-1 G. 4, c. 8,— ^7 V. c. 17, s. 15,-12 V. c. 37, s. 41,-12 V. c. 38, s. 98,-12 V. c. 40, s. 3,-20 V. c. 44, ss. 13, 35. For prevent- 2. And for the prevention of delays which may be used retons to^ *° ^7 sheriffs, gaolers, and other officers and persons to whose such writs, custody any of Her Majesty's subjects are committed or detained, for criminal or supposed crimiual matters, in mak- ing returns of writs of habeas corpus to them directed, — "Whenever any person brings any writ of habeas corpus, directed to any sheriff, gaoler, minister, or other person whatsoever, for any person in his custody, and the said writ is served upon the said officer, or left at the gaol or prison with any of the under officers, under keepers, or deputies of the said officers or keepers, then the said officer or officers, his or their under officers, under keepers, deputies or other persons, shall, within three days alter the service thereof as aforesaid (unless the commitment was for treason or felony plainly and specially expressed in the warrant of 284 1860. Habeas Corpus. Chap. 95. 2 commitment) — upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the Judge who awards the writ, and endorsed upon it, not exceeding Mileage. sixty cents per league, and upon security given by his own bond, to pay the charges of bringing back the prisoner, if he is remanded by the court or judge before whom he is brought, and that he will not make any escape by the way, — make return of such writ, and bring or cause to be Return to be brought, the body of the party so committed or detained ™?:^® ^""^ "^ Tp pii*i nil • ^ 1 wnat manner. unto or betore one oi the judges ot the said court whence the writ issues, or before any other judge before whom the writ is made returnable, according to the command thereof, and shall then likewise certify the true causes of the detainer or imprisonment, — unless the commitment of the party be in any place beyond the distance of ten leagues from the place where such court or judge is or resides, — and if beyond the distance of ten leagues, and not aboye thirty leagues, then within the space of ten days, — and if beyond the distance of thirty leagues, and not above sixty leagues, then within the space of twenty days, — and if beyond the distance of sixty leagues, and not aboye one hundred leagues, then within the space of forty days, — and if beyond the distance of one hundred leagues, then within the space of three months, if from the first day of March to the twentieth of September, otherwise in the space of eight months, after such delivery and service of the writ as afore- said, and not longer : 2. But if such payment or tender is not made by the per- Body of pri- son bringing the writ to the sheriff, gaoler, minister, or other ^^^^ "°* *° person as aforesaid, such sheriff, gaoler, minister, or other unless pay- person, shall return the writ with the true causes of the ^^^^ °^ imprisonment or detainer, without bringing or causing to doin|^to be be brought the body of the person committed or detained "^de. as thereby commanded, and shall certify on the back thereof, that a default of such payment or tender is the cause why the body of the person is not brought therewith ; which shall be deemed a sufficient return. 24 G-. 3, c. 1, s. 2. 3- And that no sheriff, gaoler or other officer, may pre- How writs tend ignorance of the import of any such writ : — all such ^^r^g^ ^nd writs shall be marked in this manner,—" By virtue of chapter Sgued. ^° ninety-five of the Consolidated Statutes for Lower Canada" — and shall be signed by the person who awards the same. 24 G. 3, c. 1, s. B,—part. 4. And if any person is committed or detained as aforesaid ^Vrit to be for any crime (unless for felony or treason plainly expressed ^[eTof °c°py in the warrant of commitpient) in the vacation time, and of warrant, or out of term or sessions, siich person (not being convicted °hat*such'* ' or in execution by legal process) or any one on his behalf, copy has been may complain to one of the Judges of the Court of Queen's ^<^'^^^^ Bench or Superior Court, who upon view of the copy of the warrant or warrants of commitment and detainer, or other- 1:85 8 Ohap. 95. Habeas Corpus. 23 ViCT. wise upon oath made, that such copy was denied to be given by the person in whose custody the prisoner is detained, shall, upon request made in writing by such person, or any one on his behalf, attested and subscribed by two witnesses present at the delivery of the same, award and grant a writ oi habeas corpus under 'the seal of the court of which such judge is a member, directed to the officer or person, in whose custody the party so committed or detained is, returnable immediate before the said Judge : Person in cua- 2. And upon service of the writ as aforesaid, the officer brought be- OT his Under officer or deputy, in whose custody the party foretie judge, is so committed or detained, shall, within the times respec- tively before limited, bring such prisoner before the Judge, before whom the said writ is made returnable, and in case of his absence, before any other Judge of the same court, with the return of such writ and the true causes of the commitment and detainer : Judge to dig- 3. And thereupon, within two days after the party shall eran^teke Ws ^^ brought before him, the Judge before whom the prisoner recognizance, is brought as aforesaid, shall discharge the said prisoner from his imprisonment, taking his recognizance, with one or more surety or sureties, in any sum which shall not be excessive, according to his discretion, haAdng regard to the quality of the prisoner and nature of the offence, for his appearance in the Court of Queen's Bench, at the next term, or general gaol delivery, in and for the district where the commitment was, or where the offence was committed, or in such other court where the offence is properly cognizable, as the case requires, and then shall certify the said writ with the return thereof, and the said recognizance into the Exception. court where such appearance is to be made, — unless it ap- pears, unto the said Judge, that the party so committed is detained upon a legal process, order or warrant out of some court that hath jurisdiction of criminal matters, or by some w^arrant signed and sealed with the hand and seal, either of one of the Judges of the said Court of Queen's Bench or of the Superior Court, or of some justice of the peace, for such matters or offences for which, by the law, the prisoner is not bailable. 24 Gr. 3, c. 1, s. 3. In certain 5« If any persou has wilfully neglected, by the space of to^be granted ^"^° whole terms of the Court of Queen's Bench, in and for in Tacation. the district where such deteniion or imprisonment is, after his imprisonment, to pray a w^rit of habeas corpus for his enlargement, such person shall not have a writ of habeas corpus to be granted in vacation time, in pursuance of this Act. Ibid, s. 4 PENALTIES AGAINST PERSONS '■ DISOBEYING THE WRIT OR REFUSING COPIES OF COMMITMENT, ETC. Penalty on 6. If any officer, his under officer, under keeper or ing^^to make a deputy, Or other person, neglects or refuses to make the re- 283 1860. Habeas Corpus. Chap. 95. 4 turn aforesaid, or to bring tlie body of any prisoner accord- ^^""^?^°'^J'^°' ing to the command of the writ, within the respective times or "to give a aforesaid, or upon demand made by the prisoner or any copy of the person in his behalf, refuses to deliver. Or within the space '^°™°" ™^° • of six hours after demand, does not deliver to the person so demanding, a true copy of the warrant or warrants of com- mitment and detainer of such prisoner (which he is hereby required to deliver accordingly) — such head gaoler or keeper or the person or persons in whose custody the prisoner is detained, shall, for the first offence, forfeit to the prisoner or party grieved, the sum of one hundred pounds sterling, and for the second offence, the sum of two hundred pounds sterling, and shall be incapable to hold or execute his said office : 2. The said penalties may be recovered by the prisoner How the pen- or party grieved, his executors or administrators against recovered^ * such offender, his executors or administrators, by any action of debt, suit, bill, plaint or information in the Superior Court for Lower Canada, or any other court of record having original jurisdiction within Lower Canada, wherein no privilege, protection, injunction or stay of prosecution by non vult ulterius prosequi, or otherwise, shall be admitted or allowed, or any imparlance or continuance for a longer period than three months ; and any recovery or judgment at the suit of any party grieved shall be a sufficient convic- tion for the first offence, and any after recovery or judgment at the suit of a party grieved, for any offence after the first judgment, shall be a sufficient conviction to bring the officers or person within the said penalty for the second offence. 24 G-. 3, c. 1. s. 5. OF ADMISSION TO BAIL. T. If any person is committed for high treason or felony. Persons com- plainly and specially expressed in the warrant of commit- ™eaJo^/or ment, and upon his prayer or petition in open court, in the felony and first week of the sessions or term of the Court of Queen's tn^nuttS * Bench, oyer and terminer, or of general gaol delivery for first week of the district, to be brought to his trial, is not indicted some temfS tf time in the next sessions or term of the Court of Queen's not indicted Bench, oyer and terminer or general gaol delivery, after i^ *^ ensuing such commitment, any one of the Judges of the said Court lease'd on or the Judge or Judges holding the said Court, shall, upon ''^'^• motion made in open court on the last day of the sessions or term of the Court of Queen's Bench, oyer and terminer or general gaol delivery, either by the prisoner or any one in his behalf, set at liberty the prisoner upon bail ; — unless it appears to such Judge or Judges upon oath made, that the witnesses for the Crown could not be produced during the same sessions or term or general gaol delivery : 2. And if any person committed as aforesaid, upon his ^^^^ °^ ^^^- . prayer in open court the first week of the sessions or term soner not ^"' 287 Chap. 95. Habeas Corpus. 23 Vict tried withia a of the Court of Queen's Bench, oyer and terminer and certain time, general gaol delivery, held in and for the district where such person is committed, to be brought to his trial, is not indicted and tried the second sessions or term of the Court of Queen's Bench, oyer and terminer and general gaol delivery after his commitment, or upon his trial is acquit- ted, he shall be discharged from his imprisonment. 24 G-. 3, c. 1, s. 8. Recital. Persons charged as accessories before the than accord' ing to law. Eecital. 8. And because many times, persons charged with felony, or as accessories thereunto, are committed upon suspicion only, whereupon they are bailable or not, according as the circumstances making out that suspicion are more or less weighty, which are best known to the justices of the peace who may have committed such persons and have the exam- inations, before them, or to other justices of the peace in the district where such prisoners are committed : — therefore, where any person appears to be committed by any judge or justice of the peace, and charged as accessory before the fact fac* to felony ^.q a,ny felony, or upon suspicion thereof, or with suspicion otherwise * of felony, which felony is plainly and specially expressed in the warrant of commitment, such person shall not be removed or bailed by virtue of this Act in any other manner than by the common law of England he may be. 24 Gr. 3, c. 1, s. l*r,— 4, 5 Y. c. 27, s. 2. 9. And to the intent that no person may avoid his trial at the sessions or term of the Court of Queen's Bench, oyer and terminer or general gaol delivery, by procuring his re- moval before the sessions or term of the said court in- and for the district where he is committed, at such time that he cannot be brought back to receive his trial there ; — Within such period before the sessions or term of the Court of Queen's Bench, as that he cannot be so brought back for trial as aforesaid, or after the sessions of oyer and terminer or gen- eral gaol delivery, proclaimed or advertised for the district where the prisoner is detained, no person shall be removed from the common gaol of the district upon a.nj habeas corpus granted in pursuance of this Act, but upon any such habeas corpus, shall be brought before the Judge or Judges holding the said court, in open court, who shall thereupon do what to justice appertains : 2. But after the sessions are ended, any person detained in any common gaol may have his writ of habeas corpus ac- cording to the direction and intention of this Act. 24 Gr. 3, c. 1, ss. 15, 16. To prevent collusive evasion of trial. Proviso. But nothing herein to affect civil proceedings. lO. Nothing in this Act shall extend to discharge out of prison any person charged in debt or other action, or with process in any civil cause, but after he is discharged from his imprisonment for such criminal offence, he shall be kept in custody according to the law for such other suit. 24 Gr. 3, c. 1, s. 9. 288 1860. , Itahem Cofpui. Ckap. 95. 6 EFFECT OF LIBERATION ON HABEAS COEPUS. 11« And for preventing unjust vexation by reiterated Effect of commitments for the same offence, — no person, delivered or ^^Jj^^^j^°" set at large upon habeas corpus, shall, at any time thereafter, be again imprisoned or committed for the same offence by any authority whatsoever other than the legal process and order of the court wherein he is bound by recognizance to appear, or other court having jurisdiction of the cause : 2. And if any person, knowingly, contrary to this Act, Penalty for recommits, or imprisons, or knowingly procures or causes any°one'so"° to be recommitted or imprisoned, for the same offence or released for pretended offence, any person delivered or set- at large as Q^g^*"® aforesaid, or knowingly aids or assists therein, then he shall forfeit to the prisoner or party grieved, the sum of five hundred pounds, lawful money of Great Britain, to be re- covered as aforesaid, any colourable pretence or variation in the warrant or warrants of commitment notwithstand- ing. 24 a. 3, 0. 1, s. 1. 12. If any subject of Her Majesty is committed to any Under what prison or in custody of any ofiicer or officers whomsoever, ce7oniy ap'ri- for any criminal or supposed criminal matter, such person soner may be shall not be removed from the said prison and custody into ou'e°^ri^onT the custody of any other officer or officers — unless it be by another. habeas corpus or some other legal writ — or where the prisoner is delivered to the constable, bailiff, or other inferior officer to carry such prisoner to some common gaol, — or where any person is sent by order of any judge of a court of criminal jurisdiction, or justice of the peace to any common w^ork- house or house of correction, — or where the prisoner is re- moved from some one prison or place to another within the same district, in order to his trial or discharge in due course of law, — or in- case of sudden fire or infection, or other necessity,-^or under some express provision of this Act or of any other Act or Law : 2. And if any person, after such commitment aforesaid. Penalty on makes out and signs or countersigns any warrant or war- ps™°°? co"-. -rants for such removal aforesaid, contrary to this Act, as sectfoT^ ""^ well he that makes or signs or countersigns such warrant as any officer who obeys or executes the same> shall suffer and incur the pains' and forfeitures in this Act before men- tioned, both for the first and second offence respectively, to be recovered by the party grieved in manner aforesaid. Ibid, s. 6 ; And see Con. Stat. Can. cc. lOY, 108, 1 11, &c. 13. But if the sheriff of any district deems any gaol The Governor therein unsafe for the custody of prisoners, or over crowded '"^ certain he shall report the fact to the G-overnor, who may authorize authorTzTthe the removal of the prisoners in such gaol, or any of them ^^^'^^^''^ of to any other gaol in Lower Canada, there to be kept until o™ gToKo"" 19 289 R anotW. Chap. 95. Habeas Corpus. 23 Vict. How such au- thorization shall be con discharged in due course of law, or until they are again brought back to the gaol from which they were so removed, either for trial at the proper court, or to be again kept in such gaol when it has been made safe or is not ovar crowded : .2. And a letter from the Provincial Secretary, authorizing the removal or the bringing back of any such prisoners, veyed-effect shall be Sufficient, and by virtue thereof and of this Act, the thereof. sheriiF may remove or bring back such prisoners, as the case requires, and he or his deputies shall, while so doiijg, have the same powers with regard to them in the district to which they are conveyed, and in any district through which he passes with them, as he would have in his own district ;' and the sheriff and gaoler of the district, to the gaol in which they are conveyed, and their deputies, shall have the same powers with respect to them from the time of their delivery to such sheriff or gaoler, as they would have if such pris- oners had been originally committed to the gaol in such last mentioned district. 20 V. c. 44, s. 137. ■ If commit- ment be in a district oth er than that in which the offence is to be tried. Judges by habeas corpui to obtain removal of . prisoner to the gaol of the district in which the trial is to be had. 14. If the commitment of any person, who has committed any crime or off(?nce, be in a district other than that in which tL^ jffence is to be tried, the Judges of the Court of Queen's Bench or of the Superior Court, or any one of them, upon application of Her Majesty's Attorney or Solicitor Gen- eral, and in default of such application, upon the application of such offender, shall issue a writ of habeas corpus, com- manding the keeper of the gaol in which such offender is so imprisoned, to have the body of such offender before them , or any one of them, at a convenient time and plape to be specified in such writ, together with the true cause of his commitment and detainer : 2. And if it then appears that such offender is detained upon such commitment as aforesaid, for any crime or offence committed in another district, the Judges of each of the said courts, or any one of them, before whom such writ of habeas corpus is made returnable, shall take course for the immediate removal of such offender to the common gaol of the district in which the trial of such offender for such crime or offence is to be had, by warrant under his or their hands and seals, directed to the keeper of the gaol and to the Sheriff of the district in which such offender is so imprisoned, and to the keeper of the gaol of the district in which the trial of such offender is to be had, authorizing the deliverance of the body of such oifender from the gaol of the district in which such offender is so imprisoned, and commanding the sheriff of such district to remove the body of such offender forthwith, with all care and diligence, to the gaol of the district in which the trial of such offender is to be had, and commanding the keeper of the gaol of the dis- trict in which the trial of such offender is to be had, to receive such offender into his custody in the gaol of the said R 290 1 60. Habeas Corpus. Chap. 95. 8 district, there to remain till he be thence delivered in due course of law, which warrant the said sheriff and the keepers of such gaol as aforesaid shall execute. 35 Gr. 3, c. 1, s 5,-20 V c, 4J, s. 30. PRISONERS NOT TO BE SENT OUT OF LOWER CANADA EXCEPT IN CERTAIN CASES. 18 5- And for preventing illegal imprisonments in prisons without Lower Canada, or beyond the seas : — 1. No subject of Her Majesty, being an inhabitant or resi- inhabitants of dent of Lower Canada, shall be sent prisoner into any pro- ^^ '^^^"^ •*° vince, or in any state or place without the Province of soners else- Canada, or into any parts, garrisons, islands or places beyond ^'^^''^■ the seas, within or without the dominions of Her Majesty, and every such imprisonment or transportation is hereby declared illegal : 2. And any such subject so imprisoned may, for every such in snch case imprisonment, maintain, by virtue of this Act, an action or ^aint'ln ™*^ actions of false imprisonment against the person by whom action of false he has been so committed, detained, imprisonecl ^ent pris- ™P"soii- oner or transported, contrary to this Act, and i^-ainst any person framing, contriving, writing, sealing or counter- signing any warrant or writing for such commitment, detainer, imprisonment or transportation, or advising, aiding or assisting in the sa,pie, or any of them : 3. And the plaintiff in every such action shall have judg- Plaintiff in ment to recover his treble costs besides damages, which ^^° ^ "treble damages so to be given shall not be less than five hundred costs, besides pounds, lawful money of G-reai Britain, in which action no ^^'^^s^^- delay, stay or stop of proceeding by rule, order or command, nor any injunction, protection or privilege whatsoever, nor any more than one imparlance or continuance (according to the practice of the court) shall be allowed, excepting such rule of the court wherein the action depends, made in open court, as is thought in justice necessary, for special cause to be expressed in said rule : 24 G. 3, c. 1, s. 11. 4. But nothing in this Act shall extend to give such benefit tiiIs Act not to any person who, by contract in writing, agrees with any *» extend to 1 I £■ 1 j_ j_* i_i T I psrsons c£ir— merchant or owner oi any plantation or other person what- ried away by soever, to be carried to any province or to parts beyond the tiieirown seas, and receives earnest upon such agreement, although ^^reemen . that afterwards such person renounces such contract : 24 a. 3, c. 1, s. 12. 5. And nothing in this Act shall impair the effect of any Not to affect provision in the Consolidated Statutes of Canada, or in ^Ii^7io\\i^ any Act applying to the whole Province of Canada, but Canada. this Act shall always be construed, subject to every such provision. 19J 291 Chap. 95. Habeas Corpus. 28 Vict. OF THE BEMOVAIi OF AN OFFENDER TO ANOTHER PART OF HER majesty's dominions, where he HAS COMMITTED A CRIMINAL OFFENCE — TO UNDERGO HIS TRIAL. Persons char- ged with a capital offence, out of Lower Cana- da, may be sent for trial to the place where the offence was committed in H. M. Domi- nions. 16. But if any person, at any time resident within Lower Canada, has committed any capital offence in Great Britain, Ireland or any province, island or plantation of Her Majesty, where he onght to be tried for such offence, such person may be sent to such place, there to receive such trial, in such manner as the same might have- been done by the common laws of England before the twenty-ninth day of April, 1784, anything herein contained to the contrary not- withstanding. 24 Gr. 3, c. 1, s. 14. Persons 17. And whereas it may happen that felons and other wa*rantrhave malefactors, having committed crimes in the Province of issued in New New Brunswick, may escape into Lower Canada, and their may'blappre- offences thereby remain unpunished, for want of a provision hended in b^i' law for apprehending such offenders in this Province, da.^^"^ ^^°^' and transmitting them to the place in which their offences were committed : — therefore, — if any person, against whom a warrant is issuedby any other judge of the Court of Queen's Bench, or any justice of the peace, acting in the Province of New Brunswick, for any crime or offence against the laws of the said Province, escapes, comes into, resides or is in any part of Lower Canada, any justice of the peace of the district or place, where such person escapes, comes into, resides or is, may endorse his name on the said warrant, (due proof being first made of the hand-writing of the magistrate issuing the same,) which warrant so endorsed shall be a sufficient author- ity to the person bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all constables of the district or place where such warrant is so endorsed, to execute the same by apprehending the person against whom such warrant is granted, and to convey him to the said Province of N ew Brunswick, and before one of the justices of the peace acting in the said Province, to be there dealt with according to law. 36 G-. 3, c. 12. PENALTY ON JUDGES REFUSING THE WRIT OF HABEAS CORPUS IN VACATION. Penalty on judge refus- ing habeas corpus. 18. Any prisoner may move for and obtain his writ of habeas corpus out of the Court of Queen's Bench or the Superior Court as hereinbefore provided, before any judge of either Court, in vacation as well as in term, — and if any judge of the said Court of Queen's Bench or Superior Court, in the vacation time, and upon view of the copy or copies of the warrant or warrants of commitment or detainer, or upon oath made that such copy or copies were denied as aforesaid, denies any habeas corpus by this Act required to be granted (being moved for as aforesaid,) every such Judge 292 1860. Habeas Corpus. Chap. 95. 10 shall severally forfeit to the prisoner or party grieved the sum of five hundred pounds sterling, to be recovered in manner aforesaid. 24 G- 3, c. 1, s. 10, — 12 Y. c. 3*7, s. 41, — 12 V. c. 38, s. 98. ACTIONS FOE OFFENCES AGAINST THIS ACT. 19* No person shall be sued, impleaded, molested or Limitation of troubled, for any offence against this Act, unless the party actions for of- rr J- 1 "^ J • 1 J J p i-L -ii ■ J. fences against otiending be sued or impleaded tor the same withm two this Act. years, at the most, after the offence committed, in case the party grieved is not then in prison, and if he is in prison, then within the space of two years after the decease of the person imprisoned, or his delivery out of prison whichever first happens : 2. And if any information, suit or action, is brought or Defendant in exhibited against any person for any offence committed pjea/^'e geu^ against this Act, such defendant may plead the ' general eralissue. issue, that he is not guilty, or that he owes nothing, or may plead specially, according as may be the course and practice of the Court where such suit may be ; and in case it be upon the said plea of not guilty, or that he owes nothing, then he may give such special matter in evidence, which, if it had been pleaded more specially, would have been good and suificient matter of law to discharge the said defendant against the said information, suit or action ; and the said matter so given in evidence under either of the said general pleas, shall be then and there as available to him to all intents and purposes, as if he had sufficiently pleaded, set forth or alleged the same matters in bar or discharge of such information, suit or action : 3. But nothing in this section shall prevent the effect of But tiiis see- any Act fixing a shorter period as that within which any ts^^Tn\ warned is directed,— upon service of such writ, either by the actual » contempt of delivery thereof to him, or by leaving the same at the place court. where the party is confined or restrained, with any servant or agent of the person so confining or restraining, — wilfully neglects or refuses to make a return or pay obedience thereto, he shall be deemed guilty of a contempt of the court under the seal whereof such writ issues, and the judge, before whom such writ is returnable, upon proof made of such service, may award, in vacation, process of contempt under the seal of such court, against the person guilty of such con- tempt, returnable before himself in the vacation time, who shall procceed thereon as to law and justice shall apper- tain : In certain 2. But if such writ of habeas corpus is awarded so late in mlj^-btmlll^ the vacation by any judge that, in his opinion, obedience returnable at thereto cannot be conveniently paid during such vacation, fn^th^°next'° *^® Same shall, at his discretion, be made returnable in the term or vaca- court under the seal whereof the writ issues, at a day cer- *'°°' tain in the next term, and the said court shall proceed thereupon, and award process of contempt in case of dis- obedience thereto, in like manner as if such writ of habeas corpus had been originally awarded by such court ; and if such writ of habeas corpus is awarded (as it may be upon such complaint and affidavit as aforesaid) by the said Court of Queen's Bench or by the Superior Court, in term but so late that in the judgment of the court awarding such vi^rit, obedience thereto cannot be conveniently paid during such term, the same shall, at the discretion of the court so awarding such writ, be made returnable at a day certain in the then next vacation, before any judge of the court so awarding such writ, who shall proceed thereupon in such manner as by the three following sections of this Act is directed concerning writs of habeas corpus issuing in and made returnable during vacation. 52 Gr. 3, c. 8, s. 2. Judgment and other Proceedings. Judge to exa- 22. In the cases provided for by the two next preceding tru°h of «i?^ sections, although the return to the writ of habeas corpus be facts set forth good and sufficient in law, the judge before whom such in the return, .^j.^^ ig returnable, shall, as soon as conveniently may be, proceed to examine into the truth of the facts set forth in such return and into the cause of such confinement or re- straint, by affidavit, (or by affirmation, in cases where an affirmation is allowed by law,) and shall do therein as to justice shall appertain : 294 1860. Habeas Corpus. Chap. 95. 12 2. And if such writ is returned before one of the said And if there judges in vacation, and it appears doubtful to him, on such truth of the ° examination, whether the material facts set forth in the said facts, the return, or any of them, be true or not. in such case such the party con- judge may let to bail the person confined or restrained, upon fined to bail. his entering into recognizance with one or more sureties, or incase of infancy or coA'erture, upon security by recognizance in a reasonable sum, to appear in the court under the seal whereof such writ has issued, upon a day certain in the term then next following, and so from day to day, as such court shall require, and to abide _such order as such court shall make in and concerning the premises : 3. And such judge shall transmit into the court iinder Judge then to the seal whereof such writ issued, the said writ of habeas the"cimV° corpus and return, together with the recognizance, affidavits whence is and affirmations ; and such court thereupon shall proceed, '^^"^d. order and determine touching the discharge or bailing or remanding such person so confined or restrained as to justice appertains, either in a summary way by affidavit or affirma- tion, or by directing one or more issues for the trial of the facts set forth in such return or any of them, whereupon such proceedings shall be had as in cases of issues directed by Her Majesty's Court of Queen's Bench in England, under the laws in force there on the nineteenth day of May, 1812. 52 G-. 3, c. 8, s. 3. 23. The like proceedings shall be had in term in the Like proceed- Court of Queen's Bench and Superior Court respectively, for Jn,^aii*th'f ''^'^ controverting the truth of the return to all writs oi habeas courts forjcon- corpus awarded for or on behalf of any person confined or ♦'^"Tu'^^f^K,** restrained of his or her liberty, otherwise than for some return. criminal or supposed criminal matter, by affidavit, affirma- tion or otherwise, although such writ be awarded by the court or be returnable therein. Ibid, s. 4. 24. The court or judge proceeding on any writ oi habeas Court, &c., corpus ad i^vbjiciendum, awarded in cases of confinement not may make for criminal or supposed criminal matter, may make such expenses of order in regard to the payment of the charges and expenses thg'^f.J"f-"Pn. of bringing up the party so confined or restrained, and for cernm'. ^ '^"'^' carrying him or her back to his or her place of confinement or restraint, in case of remanding, as to such court or judge, upon examination thereof, seems meet, and may, for non- payment thereof, award process of contempt, whereupon such proceedings shall be had as in other cases of contempt for non-payment of costs. 52 Gr. 3, c. 8, s. 5. 25. Nothing in the five next preceding sections contained Last five seo- shall extend to discharge out of prison any person charged ^*°"^ "f"* *° in debt or other action, or with process in any civil suit, sons charged Ibid, s. 6. in debt. 295 13 Chap. 95. Habeas Corpus. 23 YlCT. CERTAIN PROVISIONS TO APPLY TO WRITS ISSUED UNDER THE ENGLISH ACT. The said sec- 26. The several provisions made by the last mentioned to°wri?s*^'''^ sections of this Act, touching the making writs of habeas issued under corpus issuing in time of vacation returnable in the aforesaid Chariesiif several Court of Queen's Bench, or Superior Court, or for making such writs awarded in term time returnable in va- cation, as the case may respectively happen, and also for awarding process of contempt in time of vacation against the person or persons neglecting or refusing to make return of such writs or to pay obedience thereto, shall extend to all Avrits oi habeas corpus awarded in pursuance of the Act passed in the thirty-first year of King Charles the Second, intituled t An Act for the better securing the liberty of the subject and for prevention of imprisonment beyond seas, and of the foregoing^ Or under cer- sections of this Act respecting the obtaining of writs of of'this Act°^ habeas corpus in criminal matters in as ample and bene- ficial a manner as if such writs and the said cases arising thereon, had been hereinbefore especially named and pro- vided for. Ibid, s. V. GENERAL PROVISIONS APPLYING BOTHaTO CIVIL AND CRIMINAL CASES. "'^•'.'^^ there is 27» jf ^t any time there is no Judge within the limits of any"diftrict, a District, any person desirous of obtaining a writ of habeas habeas corpus corpus, may apply to any Judge qualified and authorized to tainedlu an- grant such Writ, in any adjoining District, or to any Judge other district, at either of the Cities of Quebec o:^ Montreal, according as cases in appeal from the District in which the applicant is confined, are, under the twenty-second section of chapter seventy-seven of these Consolidated Statutes, to be heard and determined at either of those Cities ; and any order given on any such application by a Judge out of the District, and all proceedings out of the District, had either before or after such application or order, shall be as good and valid as if given or had within the limits of the District in which the applicant is confined : whS^eper- 2. And whenever the issuing of a "Writ of habeas corpus son confined is Ordered in favor of a person confined beyond the limits of iiiaU8°o'/the^ *^® District in which such order is made, the Judge may district where direct that such person be brought before a Justice of the made'^'^^'^ " Peace in the District in which such person is confined, and may order such Justice of the Peace to admit to bail the person so confined, himself and two sureties, each in respec- tive sums to be specified in the said order, in which there shall be stated the terms and conditions to be inserted in the recognizance to be so entered into by the party accused and his sureties, and the Court, place and time before and at which the party accused shall appear to answer the charge brought against him ; and upon such recognizance being entered into, to the satisfaction of such Justice of the Peace, 296 1860. Habeas Corpus. Chap. 95. 14 he shall order the party accused to be released from custody, if detained for no other cause ; and in any case in which the applicant is to be discharged without bail, the Judge's order to the Justice of the Peace shall require him to dis- charge such applicant from confinement. 23 V. c. 5*7, s. 26. 38. Whenever a writ of habeas corpus has been oncp re- Habeas eor- fused by any one Judge, it shall not be lawful to renew the ^ng'-^J^g^n^o^ application before him, unless any new facts are stated, or to be granted before any other Judge ; but application may, in any such ^Jt*°°*'^u'''~ case, be made anew to the Court of Queen's Bench, which is granted by hereby authorized to entertain, hear, and determine such Court of Q.B. application, at its next sitting in appeal either in Quebec or Montreal, according as cases in appeal from the District in which the applicant is confined are, under the said twenty- second section of chapter seventy-seven, to be heard and determined at either of those Cities ; and any order naade by the Court of Queen's Bench, on any such application, and all proceedings had out of the District, either before or after such application or order, shall be as good and valid as if made or had within the limits of the District in which the applicant is confined : 2. And whenever the issuing of a "Writ of habeas corpus Provision is ordered in favor of a person confined beyond the limits '"^^'^ *« ?"■ of the District in which such order is made, the Judge or beyond the the Court of Queen's Bench may direct that such person be V™/*-^ 9^*^® brought before a Justice of the Peace in the District in the order i^* which such person is confined, and may order such Justice made. of the Peace to admit to bail the person so confined, himself and two sureties in such respective sums as shall be specified in such order, in which there shall be stated the terms and conditions to be inserted in the recognizance to be entered into by the party accused and his sureties, and the Court, place and time, before and at-which the party accused is to appear to answer the charge brought against him ; and upon such recognizance being entered into, to the satisfaction of such Justice of the Peace, he shall order the party accused to be released from custody, if detained for no other cause ; and in any case in which the applicant is to be discharged without bail, the order to the Justice of the Peace shall require him to discharge such applicant from confinement. 23 V. c. 57, s. 27. INTERPRETATION. 29. The word " Judge," in this Act, includes the Chief interpreta- Justice, — the word " Officer " or the designation of any per- ^'°°- son by his name of office, includes any number of persons holding or exercising such office, — and the Interpretation Act shall be so applied in construing this Act as best to secure the liberty of the subject. OTTAWA ; Printed by Bbown Ohamberun, Law Printer to the Queen'.s Most Excellent. Majesty. 297 CHAP. CVIIL An Act concerning the limitation in general of penal actions. TTER Majesty, by and with the advice and consent of the -^-'- Legislative Council and Assembly of Canada, enacts as follows : — If the for- feiture is to the Crown only to be brought -with- in two years. One year where suit is limited to the Crown, and any one in the Crown's be- half. Suits brought after time limited to be void. !• All actions, suits or informations brought or laid in Lower Canada for any forfeiture on any penal statute or law, whereby the forfeiture is limited to Her Majesty, Her Heirs or Successors only, shall be brought within two years next after the offence committed against such penal statute or law, and not afterwards : 2 All actions, suits or informations brought or laid for any forfeiture upon any penal statute or law, the benefit and suit whereof is by such statute or law limited to Her Majesty, Her Heirs or Successors, and to any other person who may prosecute in that behalf, shall be brought or laid by such other person as aforesaid, within one year next after the ofience committed and not afterwards, and in default of any action or suit by such person, then the same shall be brought for Her Majesty, Her Heirs or Successors, at any time within two years after that year ended : 3. If any action, suit or information for any offence against any penal statute or law, is brought or laid after the time in that behalf limited, then the same shall be void. 52 a. 3, c. 1, s 1. This Act to 2. The foregoing section applies only to cases in which cases' fOT^^ '° no other provision is made by law, and nothing herein con- tained shall prolong or extend in any manner the time or delay for the commencement of any action, suit or prose- cution in virtue of any penal statute which fixes or pre- scribes a shorter time than that hereby limited. Ibid, s. 2. which no other provi- sion is made. OTTAWA ; Printed by Bkown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 298 A. C T S OF THE LATE PROVIl^CE OF CANADA, SUBSEQUENT TO THE CONSOLIDATED STATUTES. 23 VIC, CHAP. 2. An Act respecting the sale and management of the Public Lands. [Assented to 23rd April, I860.] |_| EE Majesty, by and with the advice and consent of the Preamble. -'-'- Legislative Council and Assembly of Canada, enacts as follows : — 1- There shall continue to be and be a Department for the Department management and sale of the Public Lands and Forests, to be grone^o™"'^' called " The Department of Crown Lands ;" and the same Crown shall be presided over by " The Commissioner of Crown ^^'^<^^- Lands," for the time being. 2. There shall continue to be an " Assistant Commis- Assistant sioner of Crown Lands," who shall be appointed, from time er°ofCrown' to time as a Aracancy occurs, by the Grovernor in Council, Lands— his and shall perform such duties in the said Department as dufes^Ind"*' may be assigned to him by the Governor in Council or the oatii of office. Commissioner of Crown Lands, and shall preside over the Department and discharge therein the duties of the Com- missioner of Crown Lands, in the absence of that officer or in the case of a vacancy in the office of Commissioner, and shall, before entering on the duties of his office, take an oath faithfully to discharge the same, which oath shall be admin- istered by the Commissioner of Crown Lands, or any person by the G-overnor for that purpose appointed. COMMISSIONEK AND OFFICERS OF DEPARTMENT. 3. The Department and Office of the Surveyor General of Departments this Province shall continue to be consolidated with the Generafand 299 2 Chap. 2. Sale and Manasement of Public Lands. 23 ViCT. Commission- Department and Office of the Commissioner of Crown Lands, Lands ooMoi- ""^^"^^^ ^^^ Superintendence and management of the last idated. named Officer. dutoof "the ** ^^ ^^® powers and duties which, before the seven- Surveyor- teenth day of March, 1845, were assigned to or vested in the General to be gurveyor General, shall be vested in the Commissioner of performed by Crown Lands ; and the said powers and duties shall be ex- the Commis- erciscd and performed by him, or by any Assistants or Clerks siODftr Or J ' J J CrowuLands. in his Department or Office, or by any person whom he, by an instrument in writing under his hand, authorizes to that effect, and under such name or designation of office as he may fix, as effectually as they might before the said day have been exercised or performed by the Surveyor G-eneral. Governor 5- The Grovernor may, from time to time, appoint Officers officefs'and* ^^*^ Agents to carry out this Act and Orders in Council agents under Under it, which Officers and Agents shall be paid in such this Act. manner and at such rates as the Governor in Council may direct. Commission- 6. The Governor in Council shall require from the Com- Coi^i'ssiou- missioner of Crown Lands and from the Assistant Commis- er and agents siouer, and from every Agent appointed under him, security curUy* °^' ^'°^ *^^ *^^® performance of his duty ; Provided, that all Proviso securities given under any repealed Act shall nevertheless continue in full force. Purchase, 7. No County or Eesident Agent for the sale of Public of°iand *&c°* Lands shall, within his division, directly or indirectly, un- in his agency less Under an Order of the Governor in Council, purchase and agent to ^^7 ^^^^ which he is appointed to sell, or become proprietor forfeit his of or interested in any such land, during the time of his $400!^°'^ agency, and any such purchase or interest shall be void; and if any such Agent offends in the premises, he shall for- feit his office and the sum of four hundred dollars for every such offence, to be recovered in action of debt by any per- son who may sue for the same. Commission- 8. The Commissioner of Crown Lands shall annually lay annuaUyTo before the Legislature, and within ten days after the meeting the Legisia- thereof, a report of the proceedings, transactions and affairs of the Department during the year then next preceding. ture. EXTENT OF THIS ACT — OEDEES IN COUNCIL FOE, CAEETING IT OUT. Provisions^ of 9. rpj^g Govcrnor in Council may, from time to time, de- be extended to clare the provisions of this Act, or any of them, to apply to Indian lands ^j^g Indian lands under the management of the Chief Super- ^uncii. intendent of Indian affairs, or to the Jesuits' Estates, Crown Domain or Seignory of Lauzon ; and the said Chief 300 ^Cfo 1860. Sale and Management of Public Lands. Chap. 2. 3 Superindent of Indian affairs shall, in respect to the said Indian lands so declared to be subject to this Act, have the same powers as the Commissioner of Crown Lands has in respect to Crown Lands. lO. The Grorernor in Council may, from time to time, Gorernor in make such Orders as are necessary to carry out the provis- ^°^e ordera^ ions of this Act according to their obvious intent, or to meet for carrying cases which may arise and for which no provision is made ""' ^^^^ •*•"*• by this Act; — and such Orders shall be published in the OfB.cial G-azette, and in such newspapers as the Commis- sioner of Crown Lands may direct, and shall be laid before the Legislature within the first ten days of the session next after the date thereof ; but no such Order shall be inconsis- Proviso, tent with this Act, save that the powers herein given to the Commissioner of Crown Lands may be exercised by the Governor in Council, and shall be subject to any Order in Council regulating or affecting the same from time to tme • FBEE GRANTS LIMITED. 11. Except as hereinafter provided, no free grant of Pub- ^^f,^^'''*"*^ lie Land shall be made. limited. 12. Any claim to land arising under any Act or under Determina- any Order in Council or other regulation of the Grovern- ariaiug 'under ment heretofore in force, shall be determined by the Com- repealed Acta, missioner of Cown Lauds, subject to such arrangement councii°&c. and order in respect to improvements on any particular lands as the Commissioner may think just ; or the same may be satisfied by issuing, to the party entitled. Land Scrip, or a certificate entitling him to purchase land to such an amount as the Commissioner of Crown Lands may find just ; but no claim for land arising from Militia, ProTise. United Empire Loyalist, or Military Hights, shall be enter- tained unless the same was actually located or admitted, or proof in support thereof suificient, in the opinion of the Commissioner of Crown Lands, famished, before the passing, on the fourteenth of June, eighteen hundred and fifty-three, of the Act sixteenth Victoria, chapter one hundred and fifty- nine ; and all land scrip or certificates entitling parties to purchase land issued prior to the passing of the said Act, shall be recognized and redeemed, in land or as payment for land, provided that such scrip and certificates be pre- sented and established in the office of the Commissioner of Crown Lands before the first day of January, one thousand eight hundred and sixty-two. 13. The Grovernor in Council may appropriate any Public Fre« grants Lands as free grants to actual settlers upon or in the vicinity toYettfe™ on^ of any Public Koads opened through the said lands in any ornear roads new settlements, under such regulations as shall from time mente^ ^^^^ ^' 301 4 Chap. 2. Sale and Management of Public Lands. 23 ViCT. to time be made by Order in Council ; but no such, free grant shall exceed one hundred acres. seT'a art''^for *"** "^^^ Grovernor in Council may set apart and appro- certain public priate such of the Crown Lands as he deems expedient for g.'^rpose^^and ^he sites of "Wharves or Piers, Market Places, G-aols, Court there^Tmade Houses, Public Parks or Gardens, Town Halls, Hospitals, in trust. Places of Public Worship, Burying Grrounds, Schools, and for purposes of Agricultural Exhibitions, and for other like public purposes, and for Model or Industrial Farms ; and at any time before the issue of Letters Patent therefor, may revoke such appropriation as seems expedient ; — and may make free grants for the purposes aforesaid, the trust and uses to which they are to be subject being expressed in the Proviso. Letters Patent ; — but no such grant shall be for more than ten acres in any one instance and for any one of the pur- poses aforesaid, except for a Model or Industrial Farm, which shall not exceed one hundred acres. SALES AND LICENSES OE OCCUPATION AND ASSIGNMENT THEREOF. Governor in 15. The GroTernor in Council may, from time to time, fix fix price,™&'J., ^^^ price per acre of the public lands, and the terms and of lands'. ' conditions of sale and of settlement and payment. Licenses of 16. The Commissioner ofCrown Lands may issue, under be'issued to*° ^^® hand and seal, to any person who has purchased or may intending set- purchase or is permitted to occupy or has been entrusted effect"**'"^ w^ith the care or protection of any public land, or who has received or been located on any public land as a free grant, an instrument in the form of a License of Occupation ; and such person, or the assignee, by an instrument registered under this or any former Act, providing for registration in such cases, may take possession of and occupy the land therein comprised, subject to the conditions of such License, a,nd may thereunder, unless the same shall have been revoked or cancelled, maintain suits in law or equity against any wrongdoer or trespasser, as effectually as he could do under a Patent from the Crown ; — and such License of Occupation shall be prima facie evidence for the purpose of possession by such person, or the assignee under an instrument As to prior registered as aforesaid, in any such suit ; but the same shall timber^ *° ''"^ have no force against a License to cut timber existing at the time of the granting thereof. Licenses of 17. Every License of Occupation heretofore granted, and certiEcates' every certificate of sale or receipt for money received on the receipts and sale of Public Lands, and every location ticket heretofore ets^heretofore granted or made by the Commissioner of Crown Lands or issued to have any Agent of his, so long as the sale or grant to which such effect^""* license of occupation, receipt, certificate, or location ticket 302 1860. Sale and Management of Public Lands. Chap. 2. 5 relates is in force and not rescinded, shall have the same force, and shall- enure to the benefit of the party to whom the same was granted, or to the assignee, by instrument registered as aforesaid, in the same manner and to the same extent as the instrument in the form of a License of Occu- pation mentioned in the next preceding section. 18. The Commissioner of Crown Lands shall keep a book Commission- for registering (at the option of the parties interested) the regi9ter<&* particulars of any assignment made as well by the original assignments nominee, purchaser or locatee or lessee of public lands or his jauds • on heir or legal representative, as by any subsequent assignee what proof of any such public lands or the heir or legal representative be made '^^ of such assignee ; — and upon such assignment being pro- therein, their duced to the Commissioner, with an affidavit of due execu- ^*^^''*' *"' tion thereof, and of the time and place of such execution, and the names, residences and occupations of the witnesses, or as regards lands in Lower Canada upon the production of such assignment executed before Notaries, or before one Notary and two witnesses, or of a notarial copy thereof, the said Commissioner shall cause the material parts of every such assignment to be registered in such book of registry, and shall cause to be endorsed on every such assignment a certificate of such registration, to be signed by himself or the Assistant Commissioner or any officer of the department by him authorized to sign such certificates ; — and every First register- such assignment so registered shall be valid against any one menTtcfbe previously executed, but subsequently registered or valid, unregistered ; but all assignments to be registered must be unconditional ; and all the conditions of the sale, grant or Proviso, location must have been complied with, or dispensed with by the Commissioner of Crown Lands, before such registra- tion is made : 2. If any subscribing witness to any such assignment is On what proof deceased, or has left the Province, the said Commissioner m^^b^regis- may register such assignment upon the production of an tered when affidavit proving the death or absence of such witness and ^I'bsrat^*'^ his handwriting, or the handwriting of the party making such assignment. 1». On any application for a patent by the heir, assignee Commission- or devisee of the original nominee of the Crown, the Com- ermayreceive missioner of Crown Lands may receive proof in such man- port o?oiami ner as he may direct and require in support of any claim ^°^. patent by for a patent when the original nominee is dead, and upon deceat'd' no- being satisfied that the claim has been equitably and justly minee. established, may allow the same and cause a patent to issue accordingly ; but nothing in this section shall limit the Power to right of the party claiming a patent to make his applica- apply to heir tion at any time to the Commissioners under the f\ct re- Tommilsion- specting claims to Lands in Upper Canada for ivhicli no Patents ers reserved. have issued. 303 6 Chap. 2. Sale and Management of Public Lands. 23 ViCT. FORFEITURE OF CLAIMS, AND ENFORCEMENT OF FORFEITURE. Sale, &c., of 20. If the Commissioner of Crowu Lands is satisfied, that canceiSd^in*'^ any purchaser, grantee or locatee or lessee of any public case of fraud land, or any assignee claiming under or through him, has suc^h'cariceU^^ been guilty of any fraud or imposition, or has violated any lation hereto- of the Conditions of sale, grant, location or lease, or of the *^°'^Mnue^ *° License of Occupation, or if any such sale, grant, location or lease or License of Occupation has been or is made or issued in error or mistake, he may cancel such sale, grant, location, lease or license, and resume the land therein men- tioned, and dispose of it as if no sale, grant, location or lease thereof had ever been made ; and all such cancellations, heretofore made by the Grovernor in Council, or the Commis- sioner of Crown Lands, shall continue until altered. Mode of ob- 21. When any purchaser, lessee or other person refuses session ?f set- ^^ neglects to deliver up possessio:{i of any land after revo- tier refuses to cation or cancellation of the sale, grant, location, lease or fa^nd^ou"^ License of Occupation thereof as aforesaid, or when any revocation of person is Wrongfully in possession of public land and license, &c. refuses to vacate or abandon possession of the same, the Commissioner of Crown Lands may apply to the County Judge of the County, or to a Judge of the Superior Co art in the Circuit, in which the land lies, for an Order in the nature of a Writ of Habere facias possessionem, or writ of possession, and the said Judge, upon proof to his satisfac- tion that the right or title of the party to hold such land has been revoked or cancelled as aforesaid, or that such person is wrongfully in possession of public land, shall grant an Order upon the purchaser, lessee or person in possession, to deliver up the same to the Commissioner of Crown Lands, or person by him authorized to receive the same ; and such Order shall have the same force as a Writ of Habere facias possessionem, or writ of possession ; and the Sheriff, or any Bailiff or person to whom the same may be entrusted for execution by the Commissioner of Crown Lands, shall execute the same in like manner as he would execute such Writ in an action of ejectment or possessory action : Commission- 2. Whenever any rent payable to the Crown on any lease or°other^^offi- ^f Public Lands is in arrear, the Commissioner of Crown cer may issue Lands, or any Agent or Officer appointed under this Act and rani for Te^ut authorized by the Commissioner of Crown Lands to act in of public such cases, may issue a warrant, directed to any person or lands in ar- persons by him named therein, in the shape of a distress warrant as in ordinary cases of landlord and tenant ; and the same proceedings may be had thereon for the collection Or action may of such arrears as in the said last mentioned cases ; or an be broug t. a,ction of debt as in ordinary cases of rent in arrear may be |)rought therefor in the name of the Commissioner of Crown 304 1860. Sale and Management of Public Lands. Chap. 2. f Lands ; but demand of rent shall not be necessary in any case : 3. "When by law or by any deed, lease or agreement relat- How notices ing to any of the lands herein refer red_ to, any notice is respect'of" required, to be given, or any act to be done, by or on behalf Grown lands. of the Crown, such notice may be given and act done by or by the authority of the Commissioner of Crown Lands ; and Poweraof the said Commissioner of Crown Lands may, in respect of er°S™o°Ord- the Ordnance lands, transferred to the Province, exercise all nance lands ■the powers which, before the transfer of said lands to tSTprovlnce? the Province, were vested in the Principal Officers of Her Majesty's Ordnance prior to the passing of the Act 19, 20 V., c. 45. PATENTS ISSUED IN ERROR. 22. "Whenever a Patent has been issued to or in the name Erroneous of the wronff party, throusrh mistake in the Crown Lands P*^°*^ ?,^5 _ , , ^ , • T • 1 . be cancelled Department, or contains any clerical error, or misnomer, or and correct w^rong description of the land thereby intended to be "'V'^'^f^^'^ . -granted, the Commissioner of Crown Lands, (there being no no adverse adA'erse claim,) may direct the defective Patent to be 6an- claim. celled and a correct one to be issued in its stead, which corrected Patent shall relate back to the date of the one so cancelled, and have the same effect as if issued at the date -of such cancelled Patent. 23. In all cases in which grants or letters patent have in cases of issued for the same land inconsistent with each other cons^istent '"' through error, and in all cases of sales or appropriations of grants, the the same land inconsistent with each other, the Commis- P^^'^'^^se o /-, T 3 • o 1 money may be sioner ot Orown Lands may, m cases of sale, cause a repay- repaid with ment of the purchase money, with interest, or when the othe^iand"^ -land has passed from the original purchaser or has been may'be as- improved before a discovery of the error, or when the ori- signed— or a ginal grant or appropriation was a free grant, he may in cate may' be substitution assign land or grant a certificate entitling the graced, party to purchase Crown Lands, of s\ich value and to such extent as to him, the Commissioner of Crown Lands, may seem just and equitable under the circumstances ; but no -p^^Yiso «uch claim shall be entertained unless it be preferred within five years from the discovery of the error. 21. Whenever by reason of false survey or error in the Compensa- books or plans in the Crown Lands Department, any grant, t'."" ""■ ^^^- .sale or appropriation of land is found to be deficient, or any i"nd°by° parcel of land contains less than the quantity of land men- reason of false tioned in the Patent therefor, the Commissioner of Crown roJl^ depart Lands may order the purchase money of so much land as ™entai books is deficient, with the interest thereon from the time of the ""^ ^'^"''' application therefor, or if the land has passed from the original purchaser, then the purchase money which the 20 SOo 8 Chap. 2. Sale and Management of Public Lands 23 ViCT. claimant (provided he was ignorant of a deficiency at the time of his purchase) has paid for so much of the land as is deficient, with interest thereon from the time of the appli- cation therefor, to be paid to him in land or in money, as. he, the Commissio'ner of Crown Lands, may direct, or in. case of a free grant he may order a grant of other land equal in value to the land so intended as a free grant at the time Proviso. such grant was made ; but no such claim shall be enter- tained unless application has been made within five years from the date of the Patent, nor unless the deficiency is equal to one-tenth of the whole quantity described as being contained in the particular lot or parcel of land granted. Courts may 25. In all cases wherein Patents for lands have issued ?s*su?d ^fn^er- through fraud or in error or improvidence, the Court of ror, &c., to be Chancery in Upper Canada, and the Superior Court in to'be'regis™^ Lower Canada, may, upon action, bill or plaint, respecting tered. such lands situate within their jurisdiction, and upon hear- ing of the parties interested, or upon default of the said parties after such notice of proceeding as the said courts shall respectively order, decree such Patents to be void ; — and* upon a registry of such decree in the office of the Provincial Registrar, such Patents shall be void to all Practice in intents; the practice in Court, in such cases, shall be regu- such cases. ]ated by orders to be from time to time made by the said Proceedings Courts respectively ; and any action or proceeding com- uuder foi-mer menced Under any former Act may be continued under ^ntiniTe^''* ^his section, which, for the purpose of any such action or under this, proceeding, shall be construed as merely continuing the provisions of such former Act. MISCELLANEOUS PBOVISIONS. Lists of pub- 26' The Commissioner of Crown Lands shall cause lists ''*i t^°b^ ^°^ ^^ *^® Public Lands for sale in the several Townships in pubUshed. Canada to be made out from time to time, and advertised or published as he deems most advisable for ensuring general information. Lists of pub- 2'y- The Commissioner of Crown Lands shall transmit, to b'"t'*' ^°^^ ^® early as possible in each year, to the Registrar of every mitted yearly County and Registration District or Division, and to the to registrars gecretary-Treasurer of every Municipality in Lower Canada, Stun TO HPPTR*" -* •/ -^ ■/ ' tary-treasur- a llst of the Public Lands sold, granted, leased or appropri- ers of muniei- ated or Set apart to any person, or for which licenses of L* c!'^and occupation have been granted in such County or Registration notice of District or Division during the year next preceding and for of safes* 4c° which no Patents have issued, which said lands shall be to be given to liable to the assessed taxes in the Townships in which they as'totaxfr* respectively lie from the date of such sale or license or ap- propriation ; and the purchaser, at the sale of any such lands for taxes, shall, as heretofore, have, in the lands so sold the 306 1860. Sale and Management of Public Lands. Chap. 2. 9' same rights only as the person entitled to claim under the Crown at the time of such sale ; and the Commissioner of Crown Lands shall in like manner apprize each such Eegis- trar and Secretq.ry-Treasurer of the cancellation of any Li- cense of Occupation or Patent, or of any sale, grant, lease, location Or appropriation ; from which time, until resold, leased or regranted, the land affected shall cease to be liable to taxes : 2. The Registrar of the Province shall transmit, as early Lists of pub- as possible in each year, to the Registrar of every County i'^tented to be and Registration District and Division, and to the Secretary- sent to same Treasurer of every Municipality in Lower Canada, a list of i®^"-*? ^^ f the Public Lands patented during the year next preceding ; the Province, and no return of lands other than those hereinbefore men- tioned need be made. 28. All affidavits required under this Act, or intended Before whom, to be used in reference to any claim, business or transaction ufde^tua in the Crown Lands Department, may be taken before the Act may be Judge or Clerk of any County or Circuit Court, or any Jus- ™°'^®' tice of the Peace, or any Commissioner for taking affidavits in any of the Courts, or the Commissioner of Crown Lands or any Agent of the Commissioner of Crown Lands, or the Assistant Commissioner of Crown Lands, or any Surveyor duly licensed and sworn, appointed by the Commissioner of Crown Lands to enquire into or take evidence or report in any matter submitted or pending before such Commis- sioner, or if made out of the Province, before the Mayor or Chief Magistrate of, or the British Consul in any City, Town or other Municipality ; and any wilful false swear- Perjury, ing in such affidavit shall be perjury. 29. Whenever there is any gore or small tract of land or Governor island, which is not included in the original survey and Sama^Lr"' description of any township, and is of too limited extent an^nex gores to form a township by itself, — the G-overnor may, by Proc- !° adjacent lamation, annex such gore or tract of land to any township °^'^^ '^^' to which it is adjacent, or partly to one and partly to another of any two or more townships to which it is adjacent, as he deems expedient ; and from and after the day appointed in such Proclamation, or from the date thereof, if no other day be therein appointed for the purpose, the tract of land thereby annexed to any township shall form part thereof. 30. Copies of any records, documents, books or papers Attested belonging to or deposited in the said Department, attested ^^PLnmlntai under the signature oi the Commissioner, or of the Assistant records, Ac, Commissioner, shall be competent evidence in all cases in d°ence^'''" which the original records, documents, books or papers, could be evidence. 31. No person holding an office created by or continued Employees of under this Act (save in the case provided for in the seventh Land orp^art- 10 Chap. 2. Sale and Management of Public Lands. 23 ViCT. anent not to section) or employed iu the Department, shall, while holding akUilds o"*^' ^^^^ office or employment, directly or. indirectly purchase aan/scrip or any right, title or interest in any public land, or any land ^e fees for g^jp^ -^q^ ^.eal, noT traffic in the same, either in his own eia a or. ^-^j^^^ ^^ -^^ ^j^^ interposition of any other person, or in the name of any other person in trust for himself, nor shall tajce or receive any fee or emolument for negotiating or trans- acting any business connected with the duties of his office Penalty. or employment ; and any person offending in the premises shall forfeit his office or employment, and be lia,ble to a penalty of four hundred dollars, to be recovered in action .of debt by any person suing for the same. Penalty on 32. If any agent, appointed or continued in office under ti^jlwmi this Act, shall knowingly and falsely inform, or cause to be faUe infoi-ma- informed, any person applying to him to locate or purchase 4i«n, &c. ^j^y \&nd. within his division and agency, that the same has already been located, assigned or purchased, or shall refuse to permit the person so applying to purchase the same, or, where entitled, to locate the same according to existing regulations, such agents shall be liable therefor to the per- son so applying in the sum of five dollars for each acre of land which the person so applying offered to locate or purchase, to be recovered by action of debt in any coutt of record having jurisdiction of the amount. # * * * Patent or 34. With a view to remove doubts, and to quiet the titles aeeoroFa^ny" ^'^ certain lands heretofore granted, it is enacted, that the -•subsequent non observance and non fulfilment of the condition imposed aff^ted^by"^"' in and by certain patents issued for public lands, of taking non-oibser- the oaths which may have been heretofore prescribed, in ^'^^ndi-*^'^' *^^®® °^ ^^y subsequent sale, conveyance, enfeoffment or ex- tions. change, by the patentee, and of recording such oaths, within twelve months after having taken possession, in the office of the Secretary of the Province, or of performing certain settlement duties, shall not affect in any way the patent or title of any patentee, or of any subsequent purchaser or proprietor. Bo^ts re- 35. "Whereas doubts have been entertained as to the ** ■ power vested in the Crown to dispose of and grant water lots, in the harbors, rivers and other navigable waters in Upper Canada, and it is desirable to set at rest any question which might arise in reference thereto, it is declared and _ enacted, that it has been heretofore and that it shall be •declared to be hereafter lawful for the GrovernoT in Council to authorize aegai. sales, or appropriations, of such water lots under such con- ditions as it has been or it may be deemed requisite to im- pose. 308 SSales and ap propria tions «f water lots 1860. Sale and Management of Public Lands. Chap. 2. II 36. All legal proceedings, commenced in virtue of the Proceedings Acts repealed, shall be continued ; and the rights, acquired "d AcIb^'Sot^ by virtue and under the Acts repealed, shall be valid, and tinued— prw- all orders in Council, and regulations of the Department, to^ippiy to *^ and acts done thereunder, and appointments to oihce now ian(fe now in force or existing, shall continue until altered or revoked, &°.^'^ ^* ^"*' as if the said Acts had not been repealed ; and all the pro- visions of this Act shall apply to lands under patent, grant, sale, location, lease or license of occupation at the time of the passing thereof, as well as to lands disposed of after the passing hereof Ji7. Compensation awarded under the twenty-third and Compensa- twenty-fourth sections of this Act (except where land is 23'and'2/u>te- specifically assigned thereforby the Commissioner of Crown personalty — Lands) and all claims therefor shall be treated as personal ^'^^^'' **^ estate and dealt with accordingly. 38. The term "Public Lands" shall be held to apply to Definition of lands heretofore designated or known as Crown Lands, a^PuM™ School Lands, Clergy Lands, Ordnance Lands, (transferred Lands." to the Province), which designations, for the purposes of ad- ministration, shall still continue. 39. The twenty-second Chapter of the Consolidated Sta- ^"^^^^ ^2 of tutes of Canada is repealed. pealed. ^' OTTAWA : Printed by Brown Chambeklin, Law Printer to the Queen's Most Excellent Majesty. 3011 23 VIC, CHAP. J 21. An Act respecting the Line of Division between Upper and Lower Canada. [Assented to 19th May, 1860 ] Preamble. \17HEEEAS, ou the twenty-fourth of August, seventeen VV hundred and ninety-one, His late Majesty King Greorge the Third was pleased, by and with the advice of His Privy Council, to order that the then Province of Quebec should be divided into two Provinces, to be called the Province of Upper Canada and the Province of Lower Canada, by separ- ating the said two Provinces according to a certain line of division ; and whereas, by reason of certain inconsistencies and inaccuracies in the description of the said line of div- ision in the. Order of Council in that behalf, doubts have arisen as to the true course and situation on the ground of the said line of division ; and whereas such doubts, and the consequent uncertainty as to the limits of electoral, judicial, municipal, territorial and other divisions on each side of the said line have been, and still are, notwithstanding the re- union of the said Provinces, productive of great inconveni- ence, loss and injury, and of serious impediments to the due administration of justice, and the exercise and discharge of political and civil rights and duties ; and whereas it is ex- pedient and highly desirable to remove such doubts by cor- rectly describing and defining the said line of division, and providing for its being laid down and marked in the field, and to apply a remedy to the evils to which such doubts have given rise ; and whereas Commissioners were appointed to enquire into and report upon the said line, and the said Commissioners, being the Honorable Frederick Auguste Quesnel, of the City of Montreal, and Thomas Kirkpatrick, Esquire, of the City of Kingston, have, in accordance with their commission in that behalf, made their report to His Excellency the Grovernor Greneral upon the matters into which they were so commissioned to enquire, which report bears date the sixteenth February, 1860 : Therefore Her Majesty, by and with the advice and consent of the Legisla- tive Council and Assembly of Canada, declares and enacts as follows : — u'^^er'anT' ° ' * '^^^ ®^^^ Province of Upper Canada was separated from Lower Can&- the Said Province of Lower Canada by a line of division da described. 3jq 1860. Line of Division between U. and L. C. Chap. 21. 2 "which may now be described as follows, that is to say : — commencing at the water's edge on the North shore of Lake St. Francis, at a point where the prolongation of a line con- necting the two stone monuments now existing at the cove west of Pointe au Baudet strikes the water of the said lake ; thence along the line run in a north-westwardly course by Hyacinthe Lemaire St.G-ermain, sworn Land Surveyor, for the South- Western limit of the Seigniory of New 1-ongueuil, and now bounding certain lots in the said Seigniory, and follow- ing the road between part of the Fifth Concession of the Township of Lancaster and the said Seigniory to a point at the distance of three leagues from the site of the former stone monument now under the waters of Lake St. Francis, being the westernmost angle of the said Seigniory ; thence north- "W'^ardly in a straight line to the monument planted by Colonel Bouchette, Surveyor G-eneral of Lower Canada, at the extremity of the line surveyed and prolonged by him agreeably to and connecting the five stone m6numents now standing, planted by Louis Gruy and Pierre Eemy Gragnier, sworn Land Surveyors, near Point Fortune, on the Ottawa Eiver, to mark the commencement and course of the west- ern limit of the Seigniory of Eigaud ; thence along the said line, so prolonged, to the Bank of tlie Ottawa Eiver ; thence to the middle of the main channel of the said Eiver ; thence ascending along the middle of the said main channel of the said Eiver into the Lake Temiscaming ; thence through the middle of the said Lake to the head thereof ; and thence by a line drawn due north to the northern boundary line of the Province, in accordance with the said Eeport of the said Commissioners. 3. The Commissioner of Crown Lands shall cause the Commissiou- said line of division to be surveyed and run from the north l^^°l^ Crown bank of Lake St. Francis to the south bank of the river cause the said Ottawa, by a land surveyor duly admitted to practise as ^^eyJd ani^'^' such in and for Upper Canada and Lower Canada, and marked out being an officer of the Surveying Branch of the Department ^^^^ pfpaTt- of Crown Lands, who shall mark the course of the same meat, between those waters by monuments of cut stone, or other sufficient boundary marks, at short intervals, including one on each bank, one at every point where the course of the line is changed, and one at every other conspicuous or otherwise appropriate point, and shall make a plan and report of such survey, in which the position of each of such monuments and marks shall be shown, as well as the posi- tions and distances and bearings from the line of any trees, streams, or other fixed objects, natural or artificial, serving to mark the said portion of the said line or its course or situation in whole or in part ; which line so marked on the And the Utt« ground shall be taken to be the true boundary between ghaTbe tte Upper and Lower Canada ; and such plan and survey, on true boua- being approved by the Grovernor in Council, shall be ^^'y- iJli 3 Chap. 21, Lif^e of Division between U. and L, C. 23 ViCT.. deposited and remain of record in the said Department of Crown Lands, and shall govern in all questions relating to the said boundary : Penalty for j j^jjy person who shall remove or wilfiilly damage or defticing the deface any of such monuments or marks, shall be guilty of marks. a misdemeanor and may be prosecuted therefor in any court of competent jurisdiction in Upper or Lower Canada, and on conviction thereof shall be liable to fine or imprisonment,. or both in the discretion of the court. Compeusa- }?. In case any land granted by letters patent under the patented as in Grreat Seal of the late Province of Upper Canada, or granted Upper and by letters patent under the Q-reat Seal of this Province as Lower^aV-"^ being in Upper Canada, or sold by the Crown as being inUpper ada. Canada and not yet under pacent, is found under this Act to be either wholly or partly in Lower Canada, and there be nothing in such letters patent to exclude a claim to the compensation hereinafter provided for, it shall be lawful for the Grovernor in Council to make compensation, either in money, or land, or in land scrip or certificates to be taken in payment for public lands, to the grantee or his heir or legal representative, for such land or so much thereof as may be lost to him by reason of this Act, unless the same be still in the possession of the Crown, in which case letters patent for the same may be issued in his favor. Recital. 4, ^-^^ whereas persons entitled to compensation under the foregoing clause, may have in good faith occupied and improved partly or wholly in Lower Canada the land therein referred to as intended to be granted to them, and other persons owning lands upon or near the said line may have extended their improvements across the said line, on either side thereof, in good faith, believing they had a right so to do, and may be in possession thereof, and it is right to confirm every such person in his possession at his option ; every person who shall, by the Commissioners hereinafter referred to, be found to be so in possession of any land which, by the said line, as it shall be finally marked on the ground, shall be found to be in Upper or Lower Canada, may retain possession of such land on making compensation therefor, in manner hereinafter men- tioned, to the person who shall hold the legal title thereto,, and who, under this Act, shall be dispossessed thereof: Commission- 1. The Grovernor may appoint two or more Commission- fne hito"^"'^' ®''®' ^^^ shall inquire into and report upon the amount of claims for compensation to be paid under this and the preceding sec- in'certain'*''" ^^ou, and the manner in which it shall be paid to the par- cases, ties entitled thereto, and who shall also inquire, determine and report what persons, if any, are entitled to exercise the option given by this section, and the quantity of land w^hich each such person is entitled by the exercise of such option, to retain possession of hereunder, and shall cause the same 312 1860. Line of Division between U. and L. C. Chap. 21. 4 to be described by metes aud bounds ; and on compensation being made as herein provided for snch parcels of land, the Commissioner of Crown Lands shall issue to each person who shall be then entitled thereto an instrument under his hand and seal declaring that such person is entitled under this Act to retain possession of such parcel of land ; and the person receiving the same, and his heirs and assigns, shall thenceforward hold such parcel of land as owners thereof in fee simple, or en franc-alleu, as the case may be : 2. The compensation provided for under this Act shall be Compensa- in lieu of all claims against the Crown and the Seigniors of jj°°*^jj^j^g lands affected by the said division line, and against all persons owners of lands affected by the said line, or who having owned any such hinds have sold the same in good faith : 3. In the case of minors or persons under any legal disa- As to persons- bility, the Judge of the County Court for the.County in which ^°^" ^^e, the land lies, if in Upper Canada, or a Judge of the Superior Court, if in Lower Canada, may, on the application of the Commissioner of Crown Lands, and upon such notice and such proceedings had as according to the laws of each sec- tion of the Province in that behalf are required in such cases, appoint a guardian for such minor or person under other legal disability, whose acts shall be as effectual and binding as if the party for whom he is such guardian was competent and had himself performed such acts : 4. The Grovernor may confer upon the Commissioners Powers of appointed under this Act the powers authorized by the ^°™'"i^="'"- thirteenth chapter of the Consolidated Statutes of Canada Con. stat. of to be conferred upon Commissioners appointed under that ^^^^^^' <=*P- Act ; and the sub-section of the first section of the said Act, numbered two, shall then apply. 5- Every person who has heretofore acted in any ofiicial Indemnity to capacity in any place in which, according to the provisions Ea^actedla of this Act, he was not entitled to act in such capacity, L. C. and u. although, by reason of uncertainty as to the said line of tiveiy^^under division, he might reasonably suppose himself to be so powers grant- entitled, and every person who has heretofore omitted to ^^■^°^ seetion,. act in any ofiicial capacity in any place in which, according —in conse- to the provisions of this Act, he was bound to act in such unceHafntyof capacity, although, by reason of uncertainty as to the said the line of line of division, he might reasonably suppose that he was '^'^'^''"i- not so bound, is hereby indemnified, freed and discharged from and against all damages, penalties and forfeitures in- curred or recoverable for or by reason of his having so acted or omitted to act ; and in case any action, suit, bill of indictment or information, shall, after the passing of this Act, be brought, carried on or prosecuted against any per- son hereby meant to be indemnified, freed and discharged from and against any damages, penalty or forfeiture what- soever incurred, or recoverable, for or by reason of any such 313 5 Chap. 21. Line of Division between U. and L. C. 23 ViCT. act or omission, such person may plead the general issue, and upon his defence give this Act and the special matter in evidence upon any trial to be hiad thereupon. t• Whenever any level crossing on any Railway shall be Mpairiny*^ *° out of repair, the Warden, Mayor, Reeve or other Chief Offi- lerei crossing cer of the Municipality having jurisdiction over the Rail- oat of repair. ^^^ g^ crossed, may serve a notice upon the Company in the usual manner, requiring the repair to be forthwith made ; and if the Company shall not forth vs^ith make the same, such officer may transmit a copy of the notice so served to the Inspector of Railways ; and thereupon it shall be the duty of said Inspector, with all possible despatch, to appoint a day when he will examine into the matter ; and he shall by mail give notice to such Warden, Mayor or Reeve, and to the Company, of the day he shall so fix ; and ' upon the day so named he shall examine such crossing; Inspector's and any certificate under his hand shall be final on the sub- hec^ondBTsive. j®ct SO in dispute between the parties ; and if the said Inspector shall determine that any repairs are required, he shall specify the nature thereof in his said certificate, and direct the Company to make the same ; and the Company shall thereupon, with all possible despatch, comply with the requirements of such certificate ; and in case of default, the Municipality, within whose jurisdiction the said crossing is situate, may make such repairs, and may recover all costs, expenses and outlays in the premises by action against the Company in any court of competent jurisdiction, as money Proviso. paid to the Company's use ; Provided always, that neither this section nor any proceeding had thereunder shall at all aiFect any liability otherwise attaching to such Company in the premises. Provision lO. Whenever any Judge of a County Court in Upper wranty'^judge Canada is interested in lands taken or required, within the is interested County in which he is such Judge, by any Railway Com- q^uired^fortny P^Y) for Railway purposes, any Judge of any of the Sup- laiiway. erior Courts at Toronto shall, on application of such Com- pany, exercise in such case all the powers given to such Judge of a County Court by the eleventh section of the Railway Act, in cases in which he, such Judge of a County Court, is not interested. 318 1860. Railway Act Amendment Act of 1860. Chap. 29. 11« The provisions of this Act shall apply to every Rail- Extent of way made or to be made in this Province. °*' 13. This Act shall be cited as " The Railway Act Amend- Short title. mentActof 1860." OTTAWA: Printed by Beown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 3.19 23 VIC, CHAP. 82. Preamble. An Act respecting the Indian Lands in the Township of Durham, in the County of Drummond. (Assented to 19th May, 1860.) WHEREAS, by the Act hereinafter mentioned, it was and is in effect provided, that certain descriptions of deed or instrument therein enumerated affecting any portion of the lands in the Township of Durham, in the County of Drummond, granted by Letters Patent, in the year one thou- sand eight hundred and five, to divers Indians, should be held valid, notwithstanding anything in such Letters Patent to the contrary, provided a certain amount of ground rent should have been stipulated thereby, but no provision was made as to the validity of any other description of deed or instrument affecting such lands, or whereby any ground rent or other right thereon might have been, in whple or part, redeemed, ceded or released ; and whereas it is expe- dient to remedy this omission, and in other respects to make better provision than by the said Act is made for assuring, so far as may be possible, the titles and rights of all the parties interested in such lands : Therefore Her Majesty, by and with the advice and consent of the Legislative Coun- cil and Assembly of Canada, enacts as follows : — , !• The Act passed in the Session held in the nineteenth and twentieth years of Her Majesty's Eeign, intituled : " An Act to change the tenure of the Indian Lands in the Town- ship of Durham," is hereby repealed, but the repeal thereof shall not revive any Act thereby repealed. <3onTeyance3 3. No deed Or instrument in writing whatsoever, for the °in*ds*not'in- passing of title to such lands or any thereof or in any wise va,iid for cer- affecting the same, or having reference to any ground rent '""' " or other right whatsoever, on, to or in respect of the same, whenever or by whomsoever executed, shall be held for- null, either as a whole or as touching any stipulation or matter therein set forth, by reason of any restriction what- soeA'er in the premises imposed by the said Letters Patent granting the said lands, or of any provision or clause what- soever in the said Letters Patent contained, or of any dis- ability or supposed disability of the Indians, grantees there- under, or of their heirs or other representatives, as being Indians, to contract in any wise in the premises. 320 19-20 v., I repealed. tain causes. 1860. Indian Lands in Durham. Chap. 82. 2 3. Any contestation whatsoever between Indians, or Whenever in- whereto any Indian may be a party, as to, or arising out of, ti'eX^Supe^n- any such deed or instrument, may, by the parties or by any tendent to de- Court seized of such contestation, be deferred for the decision " ^' of the Superintendent Greneral of Indian a ffairs ; and his ■decision thereon shall be final and conclusive. 4. The Superintendent G-eneral of Indian Affairs, if satis- Superjnten- lied of the right of property in any such land, under any gg^'^f jft**'^' such deed or instrument, of any person being in lawful may accept possession of such land, may accept payment from such per- |ra™^a cer- son of the capital, or of any unredeemed remainder of the tificate. capital, of all ground rent which he may find to be secured thereon in favor of any Indian, calculated at the rate of six per centum per annum ; and may thereupon grant to such person a certificate in the form of Schedule A, to this Act annexed ; or, if satisfied further that there subsists thereon no such ground rent, may thereupon grant to such person a certificate in the form of Schedule B, to this Act annexed. 5. Every certificate granted under the foregoing section, Effect of cer- heing enregistered in the Registry Office of the County of registered.^'^ Drummond, within three months from the date thereof, shall absolutely cut off all adverse title or claim whatsoever to the land therein mentioned, or any part thereof, or to any rent or other right whatsoever affecting the same, whether by any Indian whomsoever or by any other person requir- ing to trace such title or claim through any Indian — and shall be primd facie proof of the title to such land of the per- son to whom the same is granted, as against all other per- sons ; but if not so enregistered within such three months, the same shall thereafter be held for null. 6. Every receipt heretofore granted by the Superinten- Former re- dent G-eneral of Indian Affairs, and duly enregistered in maia^TaHd" terms of the Act hereby repealed, shall remain of the same force and effect as though this Act had not been passed ; and any such receipt not yet so enregistered, if enregistered in the said Registry Office within three months after the passing of this Act, shall also have the like force and effect, but otherwise shall thereafter be held for null. T. The Superintendent G-eneral of Indian affairs shall Superinteu- keep an account of all sums received by him, whether un- c^taiu'a^-^^^ der the Act hereby repealed or under this Act ; and may counts under pay over the same or any balance thereof, with interest, to *'^ ^''^' any Indian or claimant under an Indian, of whose right thereto he may be satisfied ; or, in his discretion, may, for so long as he shall see fit, simply pay over yearly the inter- est accruing on any such sum or balance. 21 321 Chap. 82. Indian Lands in Durham. 23 ViCT. SCHEDULE A. I, the undersigned A. B., Superintendent of Indian Affairs for the Province of Canada, do hereby certify, that I am satisfied of the right of property thereto, of , of , now in possession of the hereinafter described part of the lands in the Township of Durham, in the County of Drummond, which were granted by Letters Patent in the year one thousand eight hundred and five to- divers Indians, that is to say, of {here describe the land,) and further that I have this day accepted payment from him of the sum of being the capital {or the unredeemed remainder of the capital, as may be,) of all ground rent which I find to be secured thereon in favor of any Indian. Certified this day of , in the year one thousand eight hundred and , under the Act passed in the twenty-third year of Her Majesty's reign, intituled : " An Act respecting the Indian Lands in the Township of Dur- ham, in the Count?/ of Drummond." A.B. SCHEDULE B. I, the undersigned A. B., Superintendent of Indian Affairs for the Province of (Canada, do hereby certify that I am satisfied of the right of property thereto, of , of , now in possession of the hereinafter described part in the lands of the Township of Durham, in the County of Drummond, which w^ere granted by Letters Patent in the year one thousand eight hundred and five to- divers Indians, that is to say, of {here describe the land,) and further, that I do not find that there is now any ground rent secured thereon in favor of any Indian. Certified this day of in the year one thousand eight hundred and , under the Act passed in the twenty-third year of Her Majesty's reign, intituled : " An Act respecting the Indian Lands in the Township of Dur- ham, in the County of Drummond.^'' A.B. OTTAWA : Piinted by Beown CHAMBEHLiif, Law Printer to the Queen's Most Excellent Majesty. 322 23 VIC, CHAP. 123. An Act to incorporate the Pilots for and below the Harbour of Quebec. [Assented to 19th May, I860.] WHEREAS it is necessary, for the interests of commerce Preamble," and navigation, to protect the Branch Pilots for and below the Harbour of Quebec; and whereas , the incorpora- tion of the said Pilots would greatly tend to the obtaining of this object ; and whereas the said Pilots have, by their petition, prayed to be incorporated : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — 1- The Pilots for and below the Harbour of Quebec, now ineorpora- having Branches as such, or who may hereafter obtain Branches as such, according to the provisions of the Act in that behalf, shall be and constitute a body politic and cor- porate by the name of TAe Corporation of Pilots for and below corporate the Harbour of Quebec ; and the said Corporation shall have name and and possess all the powers granted to bodies politic and f^^.^^^ ^°'^' corporate by the Consolidated Statutes of Canada, chapter five, section six, paragraph twenty-four. 2. The affairs of the said Corporation shall be managed ^°^Q^g°^ ^^' and administered by a Board of Directors composed of six members of the Corporation, four of whom shall be a quorum. 3. The first Board of Directors shall consist of the follow- ^'^""^^ board. ing persons, namely, Francois Xavier Lachance, the elder, Thomas Connell, Thomas Simard, Edouard Anctil, Francois Lapointe, the elder, and Eobert Demers, all Branch Pilots for and below the Harbour of Quebec. 4. The duties and functions of the Board of Directors shall Duties of the be from time to time to make, alter, modify and repeal, in °^^ ' whole or in part, by-laws for the management and adminis- By-laws for tration of the property of the Corporation ; — for maint aining posla!'' ^"^"^ discipline among the Pilots ; — for establishing, from time to time, the order in which the Pilots, or any separate class or number of them, shall serve as such, each in his turn ; — for prescribing the mode of filling up vacancies occurring among the Directors during their term of office ; — for regulating the 211 323 2 Chap. 123. Pilots for and below Quebec. 23 ViCT. mode of proceeding at the meetings of the Board of Directors and at the general meetings of the Corporation ; — for the division and distribution of the funds of the Corporation ; — for ordering the duties of the Secretary and of the Treasurer of the Corporation ; — for ascertaining and establishing the General pur- expenses of the said Corporation ; and, lastly, concerning all poses. matters and things necessary for the working of this Act ; Proviso. Provided, that none of the said by-laws be contrary to the laws of this Province, or to the provisions of this Act. Publication of 5. No by-law shall be binding until after it has been J- aws. published at least twice a week, for thTee weeks, in French, in a newspaper published in the City of Quebec, in the French language, and at least twice a week, during the same space of time, in English, in a newspaper published in the English language in the said city, and has been approved Trmu"*^ ^y by the Trinity House of Quebec fifteen days at least after House. the last publication. Trinity House 6. The Said Trinity House of Quebec shall approve or reject.™*" °' reject every such by-law, in whole or in part, or modify it, according as it may think just or reasonable : Copies of by- 2. Every by-law, as passed by the Trinity House, shall *^^' be printed, and every person may obtain a copy from the Secretary of the Corporation on payment of the price which shall be fixed by the Board of Directors : Certified 3. Every copy of a by-law, certified by the Secrelary and copies. sealed with the seal of the Corporation, shall be evidence of its contents to all intents and purposes. of IhrbS '^' '^^^ ^^®* meeting of the Board of Directors, after the ■ passing of this Act, shall be called by the Chief Superin- tendent of Pilots of the Trinity House of Quebec, by notice given by him in writing to each of the Directors, eight days at least before the day on which the meeting is to take place : Notice. 2. This notice shall indicate the place, the day and the hour of the meeting : ,who shall 3. The said Superintendent of Pilots shall preside at the presi e. meeting : Chairman of 4. The Directors present, if they are sufficient in number irec ors. ^^^ ^^^^ ^-^^ qnorum required by this Act, shall, by a major- ity of votes, elect one of themselves to be Chairman of the Board of Directors of the Corporation : toa^ure?""'^ ^- '^^^^ ^^^^^ ^^^^^ ^^^*^' ^^ *^^ ^^^® manner, a Secretary and a Treasurer of the Corporation ; or they may, if they deem it more advantageous, elect one and the same person to perform the duties of Secretary and of Treasurer ; and in this case, the person so elected shall be called the Secretary- Treasurer of the Corporation, and -shall perform the duties of those two offices thus united : Treasurer to 6. In any case, the Treasurer, or the Secretary-Treasurer, gire securi y. ^-^^^l giye to the Corporation, before entering into office' 324 1860. Pilots for and below Quebec. Chap. 123. 3 good aud sufficient security, to the amount of the sum of one thousand two hundred and fifty pounds currency. 8. If, at any meeting of the Board of Directors, the Chair- If the chair- man is absent, the Directors present shall choose one of "*°'«''''=^'i*- themselves to preside : 2. The Chairman, or the person filling his place in his Chairman's absence, shall have a right to vote only in case of an equal ^°^- division of the votes. 9. "When the Chairman is hindered by illness, or by any Temporaj-y other lawful cause whatsoever, or by absence for more than "^ *"°^^°- fifteen days, from performing the duties of his office, the Board of Directors shall choose one of its members to per- form the duties of Chairman during the absence of the said Chairman : 2. If the absence continues more than three months, then New chair- the Board of Directors shall proceed to elect another Chair- '^^^^^''^''^^''' man. 10. The Chairman, or any Director, may require the Sec- Calling meet- retary to call a meeting of the Board of Directors ; and this J.efto?B. '' requisition shall be in writing, signed by the Secretary, stating the special purpose for which such meeting is con- vened ; and no other subject than that so stated shall be considered at such meeting. 11. The Directors appointed by this Act shall remain in Term of office, office for one year, reckoning from their appointment, or until the day hereinafter appointed for the election of Directors : 2. At the expiration of the said period the said Directors New election. shall go out of office, and shall be replaced in the manner hereinafter prescribed : 3. After each renewal of the Board of Directors, the Di- ^®^ '^^^"' rectors shall, at the first meeting after the election, choose one of themselves to be Chairman of the Board of Directors and of the Corporation. 12. The Directors going out of office, or any of them, may Re-election, be re-elected. 13. The election of Directors shall take place once in every Yearly elec- year, beginning with the year one thousand eight hundred '''"^• and sixty-one, on the twenty-fifth day of November in every such year, or on the next following day, if that day be a Sunday or an obligatory holiday : 2. The Secretary shall call a general meeting of the mem- Calling gene- bers of the Corporation for this purpose, by notice inserted ^^J Xotion. for fifteen days, in the French language, in a newspaper pub- lished in French, iii the City of Queliec, and dirring the same space of time in the English language, in a newspaper published in English in the said City : 325 4 Chap. 123. Pihits for and below Quebec. 23 Vict. Kotice. Election by ballot. Scrutinizing votes. 3. This notice shall contain the and the object of the meeting. place, the day, the hour 14. At the place, on the day, and at the hour indicated by the said notice, the members of the Corporation then present shall proceed by ballot, and by the majority of Totes, to the election of Directors to replace those going out of office : 2. The Secretary, assisted by two members of the Cor- poration appointed by the meeting, shall scrutinize the votes, and the Chairman shall declare the members who shall have received the greatest number of votes, to be elected as Directors. ' ProTision in case of failure of election. Meeting. Presiding at meetings. Vote of chair- man. 15- If, from any cause whatever, the election of Directors has not taken place on the day hereinbefore appointed, ten members of the Corporation may, by a writing signed by them, require the Secretary to call, without delay, a meeting of the members of the Corporation, to proceed to the said election : 2. And this meeting shall be called in the manner and form prescribed by the thirteenth section of this Act. 16. Every meeting of the members of the Corporation, called in virtue of this Act, shall be presided over by the Chairman of the Corporation, or in his absence by him who shall be chosen for that purpose by the majority of the mem- bers present : 2. The Chairman, and, in his absence, he who shall occupy his place, shall A^ote only when the votes are equally divided. Majority to IT. Every matter or thing submitted to a general meet- ^^ *■ ing shall be decided by the majority of the votes of the members present. Calling spe- cial general meetings. Requisition. Notice. 18. The Board of Directors may at any time call a general meeting of the members of the Corporation : 2. Such meeting may also be called on requisition in writing, signed by at least a third of the members of the Corporation, stating the object of the meeting, and addressed to the Secretary : 3. In either case the meeting shall be called by notice given in the manner prescribed by the thirteenth section of this Act. Account to be rendered by directors. 19. At the general meeting, which shall be held on the twenty-fifth of November, or on the next following day, if that day be a Sunday or an obligatory holiday, the Board of Directors shall render an account of their management and administration during the year ending on the said day, and the Treasurer shall submit a detailed statement of the finan- cial affairs of the Corporation and of the moneys by him received and paid, with vouchers, and the said Board shall 326 1860. Pilots for and below Quebec. Chap. 123. 5 cause a copy of such statement, certified by the Chairman i°f°™a.«°'^ and Treasurer, to be transmitted within ten days after such g^^gg, ■general meeting to the Trinity House of Quebec, and shall also, within a reasonable time after the same is demanded, furnish to the said Trinity House such further information in relation to such management, administration and affairs as by the said Trinity House may be required ; and a failure Penalty for to furnish such statement or further information as herein default. provided shall subject the said Corporation to a fine of two hundred dollars, to be recoyered in the name of the said Trinity House before any Court of competent jurisdiction. 20. The meeting may, if it thinks necessary, appoint one Auditors. or more competent persons to examine and audit the Treasurer's accounts. 21. The income of the Corporation shall consist of all Income of sums of money arising from the pilotage of all ships and corporation, vessels required by law to take a Pilot in and below the Harbour of Quebec, and from the other services rendered by the Pilots, and for which the Pilots' Tariff allows pay or remuneration. 32. Every Pilot who pilots a vessel belonging to Her Pilots to pay Majesty in any part whatsoever of the Port of Quebec, shall "J h. ^!°Te^s! pay to the Treasurer of the Corporation, within twenty-four seis. hours after his arrival at Quebec, after having so piloted the same, the sum he shall have received for such pilotage, on pain of being deprived of his Branch. 23. The master of every vessel (including Her Majesty's Masters to pay transports) clearing outwards from the Port of Quebec, shall corporation. pay to the Treasurer of the Corporation the siim he shall owe to the Pilot who shall have piloted his vessel in any part of the Port of Quebec ; and in addition, the amount of such pilotage from Quebec to Bic, if such vessel take a clear- ance for any port out of the Province ; and further every •other sum he may owe to a Pilot for services by him ren- dered in his capacity of Pilot, and for which the Pilots' Tariff allows pay : 2. And the Collector or other Officer of Her Majesty's No clearance ■Customs at Quebec shall not grant any vessel a clearance ^\ Sls'pa^id."" •outwards for any port out of this Province, unless the master of such vessel exhibits to him a certificate from the said Treasurer to the effect that he has paid the pilotage dues. 24. The master of every vessel (including Her Majesty's As to Tesseis transports) clearing from a port in Lower Canada other othe"°orts°™ than that of Quebec, shall pay to the Collector or other 'Officer of Her Majesty's Customs at such port the pilotage of such vessel within the limits of the Port of Quebec, as well for the ascent as for the descent of the river St. Law- 32'7 6 Chap. 123. Pilots for and below Quebec. 23 ViCT, rence by such vessel, if the clearance is for a port outside of the Province, as well as every other sum due to any Pilot for and below the Harbour of Quebec for services- rendered by him, and for which the Pilots' Tariff allows pay: No clearance 2. And no Collector or other Officer of Her Majesty's paymla? Customs shall grant a clearance to such master of a vessel unless he have paid such pilotage or other dues or sums thus due. Collector to' 25. The Collector or other Oificer of Her Majesty's Cus- cOTpoIatiou. toms, who shall receive any sum whatsoever by virtue of this Act, shall pay over the amount to the Treasurer of the Corporation on the first day of each month, and shall trans- mit at the same time a detailed statement of the sums so by him received. Reimburse- 26. If a Pilot runs a vessel aground, or if, by his faulty r|r,'if vessel" ^^y accident happens - to a vessel by which, according to runs aground, law OT to the by-laws of the Trinity House of Quebec, such *"■ Pilot forfeits his pilotage, the master or owner of such vessel shall be entitled to be reimbursed by the said Cor- poration the amount of pilotage paid by him; and on the refusal of the Treasurer of the Corporation to repay the same,, he may recover the amount of the pilotage by action, com- plaint or information, before the Trinity House of Quebec^ who shall proceed thereupon in the manner prescribed for the prosecution of the complaints and informations of which they are by law authorized to take cognizance. Appiisatiou 27. Every sum received or due for pilotage or other moneys, services as aforesaid in virtue of this Act, shall belong to the Pilots' Corporation. Recovery of 28. Every sum due by virtue of this Act shall be sued Se^corpora-" ^^^ ^^^ recovered by the said Corporation before the Trinity tion. House of Quebec in the manner and form prescribed for the prosecution of matters and things which the said Trinity House of Quebec may likewise take cognizance of and deter- mine ; and the judgment on such prosecution shall be exe- cuted in the manner and form observed before the said Trinity House of Quebec. Net income to 25). The net income of the Corporation, after deducting equally'''^ the expenses of administration and management and any among mem- fines and penalties incurred and paid by the said Corpora- corpraation. ^^°^ *^^ ^^® ^^^ account, in virtue of this Act, shall be shared and divided equally between the members of the said Cor- poration acting and practising as Branch Pilots for and below the Harbor of Quebec ; and no Pilot, who shall be master or commander of a vessel other than that or those belonging to the said Corporation, shall be considered as a 32» 1860. Pilots for and below Quebec. Chap. 123. T Branch. Pilot for the purposes of this Act so long as he sha,ll thus be master or commander of such vessel ; and the said Corporation corporation of Pilots shall have the right to own vessels ^^^ °^° '^''^- and to register the same under any law now or hereafter to be in force in this Province, and all declarations and other acts required by any such law on the part of the owner or owners may be made by the Secretary of the Corporation constituted under this Act : 2. The partition, division and payment of the said revenue When the in- to and among the members of the said Corporation, shall be ^""^Z^''^" ^^ made at the periods which shall be determined and settled by the Board of Directors. 30. If a Pilot, by his act, his fault, or his negligence. Penalty on loses the whole or part of the amount of any pilotage or of ^'o°*ey. to"tie any other sum for services rendered by him as a Pilot, or corporation, occasions to the Corporation any damage or loss whatsoever, or if the Corporation, for any lawful cause whatsoever, is obliged to pay any sum of money for a Pilot, in all these cases the amount of the damage so caused or suffered, or the money so lost or paid shall be deducted from the share of the income of the Corporation accruing to such Pilot. 31. In case the Montreal Ocean Steamship Company shall. Piloting on or before the twentieth day of March, in any year, furnish ^'•^^Q^t^™" the Secretary of the Corporation with a list or statement of the pauy's vea- names of four members of the said Corporation, selected by ^®i^- the said Company to pilot their vessels, it shall be the duty the Board of Directors to place the names of the said four members on a separate roster or roll of names, for and during the remainder of that year ; and the said four members shall pilot the vessels of the said Company, each in his turn, ac- cording to such separate roster, and shall be exempt from piloting any other vessels, and 'shall not be liable to any forfeiture, fine or penalty, for refusing or neglecting to pilot in their turns, according to the general, or any other, roster or roll of names of the members of the said Corporation, or any by-law or order of the Board of Directors, relating to the same, for and during the remainder of the said year. 32. Every Pilot shall report himself at the office of the Cor- Pilots to re- poration within forty-eight hours after his arrival in Quebec, f "ives'at'cor- in charge of any Vessel, or after having piloted any Yessel poration down the river, and it shall be the duty of the Secretary, °^'^^- there and then, to place his name upon the roll or roster of the names of the Members of the said Corporation ; and any Masters of Master of any Vessel, clearing outwards from the Port of TuT outwards Quebec, may, on or after taking his clearance, select any one way select a of the members not being a Director, of the said Corpora- ^''°*' tion, whose name may then be upon the said roll or roster, and who has not been selected by the Montreal Ocean Steamship Company for the then current year, to pilot his 329 8 Chap. 123. Pilots for and below Quebec. 23 ViCT. vessel down the river ; and upon his the said Master's notify- ing such selection to the Secretary of the said Corporation, either verbally or in writing, it shall become and be the turn of such member to pilot such vessel ; and after having piloted such vessel accordingly, he shall be deemed to have piloted in his turn, the next time it comes to his turn to pilot a vessel according to any by-law or order of the Board of Directors. Penalty on 33. Every Pilot who shall refuse or neglect to pilot in toa'ct'^"™^ his turn, according to the provisions of this Act, shall for- feit, out of the share of the income of the Corporation accru- ing to him, a sum not exceeding ten pounds and not less than two pounds ten shillings currency for each refusal or neglect, as the Board of Directors may determine ; and each such act of refusal or neglect shall make it the turn of the Pilot next for duty according to the same roster or roll of names, and subject him also to such forfeiture in case of his refusal or neglect to pilot. ^^'°d^d"& ^'*' E'^^ry Pilot interdicted or suspended according to not to share in law shall, during the continuance of his interdiction or income. suspension, cease to form part of the Corporation and to participate in the rights conferred by this Act : When suspen- 2. At the expiration of the interdiction or suspension he shall be once more a member of the Corporation ; but he shall not share in the income received by the Corporation during the continuance of his interdiction or suspension. Pilots losing 35. Every Pilot deprived of his Branch according to law ches^. ™'^" shall cease to form part of the Corporation. Rights of 36. Nothing in this Act contained shall prejudice the Javedf ^°°^^ rights or powers conferred' upon the Trinity House of Que- bec by the Provincial Statute, twelfth Yictoria, chapter one hundred and fourteen. ^menaWe°" ^^' "^^^ Corporation of Pilots for and below the Harbour to Trinity of Quebec shall, as such, be amenable to the jurisdiction' of House. the Trinity House of Quebec, and the members thereof shall be liable collectively, in their corporate capacity, for any breach of any by-law of the Trinity House of Quebec, com- mitted by the said Corporation, or by the Board of Directors or any officer thereof, in the same penalty as would attach to the breach of such by-law by any one of them in his in- dividual capacity, unless a different penalty for the breach thereof by the said Corporation, or by the Board of Directors or any oficer thereof, be imposed by such by-law. Trinity House 38. The Trinity House of Quebec may attach any penalty, pen^ities°ou T^^^ exceeding two hundred dollars, to the breach by the ft. 830 sion ceases. 1860. Pilots for and below Quebec. Chap. 123. 9 said Corporation, or by the Board of Directors or any officer thereof, of any of their by-laws, made or to be made. 39. All iines and penalties, which any member of the said How such Corporation shall be condemned by the Trinity House of P^°p^^\«'^|^J'^^ii ■ Quebec to pay, shall be paid for him by the Treasurer of the applied. said Corporation to the Treasurer of the Trinity House of Quebec ; and all fines and penalties, which the said Corpor- ation or the Board of Directors or any officer thereof shall be condemned by the Trinity House of Quebec to pay, shall be paid by the Treasurer of the said Corporation to the Treasurer of the Trinity House of Quebec ; and all fines and penalties so paid shall form part of the Pilot Fund. 40. In case of the refusal of the Treasurer of the said Cor- Enforcing poration to pay any sum of money which the said Corpora- STo^n^yrby^ tion, or the Board of Directors or any officer or member of corporation. the said Corporation, has been condemned by the Trinity House of Quebec to pay, the Trinity House of Quebec may, by writ in the nature of a writ of saisie arrSt, attach in the hands of any Collector of Her Majesty's Customs any moneys to the amount thereof by him payable, or to become payable to the said Corporation, by yirtue of this Act ; and any such Collector may deduct any sum paid by him under any such writ from the amount payable by him to the Treasurer of the Corporation on the first day of the then next month, in virtue of this Act. 41. In this Act the word " master " shall signify the Interpreta- captain, master, commander, or other person in charge of a ^"rdf "'^'^'^''^ vessel ; the word " vessel " shall signify every sailing ves- sel or steam vessel obliged by law to take a Pilot within the limits of the Port of Quebec, and the words " Pilots' Tariff"" shall signify the tables of rates of pilotage forming Schedule A annexed to the said Act twelfth Victoria, chap- ter one hundred and fourteen. 42. This Act is a Public Act, and the Interpretation Act Public Act, shall apply to it. **^- 43. This Act shall have force and effect upon, from and Commence- after the twenty-sixth day of November next. ™^"* °^ ^'^^^ OTTAWA : Printed by Brown Chamberlin, Law Printer to the Oueen's Most Excellent Majesty. 331 Preamble. 24 VIC, CHAP. 17. An Act to explain and amend the Railway Act. [Assented to ISth May, 1861.] "VTTHEREAS doubts are entertained as to -wlietlier Rec- VV tors in possession of Grlebe Lands in Upper Canada, Ecclesiastical and other Corporations, Trustees of Land for Church and- School purposes or either, Executors appointed by "Wills in which they are not inyested with any power over the real estate of the Testator, Administrators of per- sons dying intestate, but at their death seized of real estate, are authorized by the eleventh section of the Railway Act to sell or dispose of any of such lands to any Railway Com- pany for the actual use of and occupation by such Com- pany ; and whereas it is desirable to remove such doubts, and to amend the said Railway Act in the particulars here- inafter set forth : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — Certaia con- veyances to railway com' panics under declared valid. 1. The true intent and meaning of the said section of the said Act was and is, that the several persons and parties hereinbefore mentioned, with respect to the lands above in KaiiwaT Vcif ^^^® -^*^* referred to, should and shall exercise all the powers ' ' ' ' mentioned in the first sub-section of the said section eleven of the said Railway Act, with respect to any of such lands actually required for the use and occupation of any Railway Company ; and any conveyance made under the said first sub-section shall vest in the Railway Company receiving the same, the fee simple in the lands in such Deed des- cribed, freed and discharged from all trusts, restrictions and limitations whatsoever. Sec. 11 of Con. Stat. Can., cap. 66, to apply. 2» All the provisions in the said section and in the said Act contained as to Arbitrations, and obtaining possession and title to such lands, and the disposition of the purchase money, shall apply to all the parties and lands in this Act and in the said subsection mentioned ; and no Railway Company shall be responsible for the disposition of any pur- chase money for lands taken by them for their purposes, if paid to the owner of the land or into Court for his benefit. Provision 3. "Whenever any County Judge shall be or is interested jldg° i3°in-^ in lands taken or required within the County in which he terested. 332 1?61. Railway Act amended. Chap. 17. 2 is such Judge, by any Eailway Company, for Eailway pur- poses, any Judge of any of the Superior Courts in Upper or Lower Canada shall, on application of such Company, exer- cise in such case all the powers of the County Court Judge given to him by the said eleventh section of the said Act, in cases in which he the County Judge is not interested. 4. The one hundred and thirty-first section of the Rail- Sec. i3i, way Act is hereby amended by adding thereto the following ^™«°'led, proviso : " Provided always, that every Eailway Company shall, Railway com- according to their respective powers, aiFord all reasonable ^|2m each* facilities to any other Eailway Company for the receiving other every and forwarding and delivering of traffic upon and from the for^ard^K*of several Railways belonging to or worked by such Compa- traffic, wifli- nies respectively, and for the return of carriages, trucks, and ""f^^our*"^"^ other vehicles ; and no such Company shall give or con- tinue any preference or advantage to or in favor of any par- ticular Company or any particular description of traffic, in any respect whatsoever, nor shall any such Company sub- ject any particular Company or any particular description of traffic to any prejudice or disadvantage in any respect whatsoever; and every Eailway Company having or work- ing a Eailway which forms part of a continuous line of Eailway or which intersects any other Eailway, or which has any Terminus, Station or Wharf of the one near any Terminus, Station or "Wharf of the other, shall affiDrd all due and reasonable facilities for receiving and forwarding by the one of such Railways, all the traffic arriving by the other, without any unreasonable delay, and without any such preference or advantage or prejudice or disadvantage as aforesaid, and so that no obstruction may be ofieredin the using of such Eailway as a continuous liae of communica- tion, and so that all reasonable accommodation may, at all times, by the means aforesaid, be mutually affijrded hj and to the said several Railway Companies ; and any agree- Agreements ment between any two or more Railway Companies con- SaTentiou°of trary to the foregoing provisions, made after the passing of this Act, to be this Act, shall be unlawful, null and void." ''°''^- 5. If any officer, servant or agent of any Railway Com- Penalty on pany, having the superintendence of the traffic at any SofficLT" Station or Depot thereof, refuses or neglects to receive, con- refusing or vey or deliver at any Station or Depot of the Company for for^lr^^fraf" which they may be destined, any passenger, goods or things, fie, as aboTe brought, conveyed or delivered to him or to such Company, J^equired. for conveyance over or along their Railway from that of any other Company, intersecting with or coming near to such first mentioned Railway, — or in any way wilfully contra- venes the provisions of the next preceding section, — such first mentioned Railway Company or such officer, servant or agent, personally, shall for each such neglect or refusal, incur 8 Chap. 11. Railway Act amended. 24 Vict. a penalty not exceeding fifty dollars, over and above the How recover- actual damages sustained ; wMcii penalty may be recovered able, and how -yyitli costs, in a summary way, before any Justice of the ' Peace, by the Railway Company or any other party aggriev- ed by such neglect or refusal, and to and for the use and benefit of such Company or other party so aggrieved. Interpreta- tion of word "Traffic." " Railway," " Railway Company," &c. This Act to form part of the Railway Act. Interest of purchase money or rent of property necessary for working a railway to be deemed part of its working expenses. 6. For the purposes of the two next preceding sections, the word "Traffic" includes not only passengers and their baggage, goods, animals and things conveyed by Railway, but also cars, trucks and vehicles of any description adapted for running over any Railway ;— the word "Railway" in- cludes all stations and depots of the Railway ; — the expres- sion "Railway Company" includes all parties owning, leasing or working any Railway ; — and a Railway shall be deemed to come near another when some part of the one is within one mile of some part of the other. '7- This Act shall form part of the Railway Act, and shall be construed as applying to any Railway Company incor- porated or to be hereafter incorporated, to which the pro- visions of the said Railway Act apply, and shall have effect accordingly. 8. The interest of the purchase money or rent of any real property acquired or leased by any Railway Company and necessary to the efficient working of such Railway, and the price or purchase money of any real property or thing without which the Railway could not be efficiently worked, shall be considered to be part of the expenses of working such Railway, and shall be paid as such out of the earnings of the Railway. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 334 24 VIC, CHAP. 18. The Joint Stock Companies General Clauses Consolida- tion Act. [Assented to ISth May, 1861.] WHEREA.S it is expedient to provide for the incorpora- Preamble ation of certain general clauses into all Acts incor- porating Joint Stock Companies for any of the purposes hereinafter mentioned: Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — 1- When not otherwise expressly enacted, this Act shall To whatcom- apply to every Joint Stock Company incorporated by any ^'Ij^^g^aU^ Act hereafter to be passed, for any of the following pur- apply, poses : — 1. The carrying on of any kind of manufacturing, ship- Manufactur- building, mining, mechanical or chemical business ; i"S- 2. The erection and maintenance of any building or Buildings for buildings to be used in whole or part as a Mechanics' ^^^^^ ^^^' Institute, or Public Reading or Lecture Room, or as a place for holding Agricultural or Horticultural Fairs or Exhibi- tions, or as a place for Educational, Library, Scientific or Religious purposes, or as a Public Hotel, or as a place for Baths and Bathhouses ; 3. The opening and using of Petroleum, Salt or Mineral Mineral Springs ; Springs. 4. The carrying on of any Fishery or Fisheries in this Fisheries. Province, or the waters thereto adjacent, or in the Grulf of St. Lawrence, and the building and equipping of vessels required for such Fishery or Fisheries ; 5. The carrying on of any general forwarding business, Forwarding. and the construction, owning, chartering or leasing of ships, steamboats, wharves, roads, or other property required for the purpose of such forwarding business ; 6. The supplying of any place with G-as or Water, or with Gas or water. both G^as and Water ; •7. The constructing of any line or lines of Telegraph ; Telegraphs. 8. The acquiring or constructing, and maintaining of any "Works for dam, slide, pier, boom or other work necessary to -facilitate ofTrbe?!"" the transmission of timber down any river or stream in this Province, and the blasting of rocks, the dredging or remov- 335 Chap. 18. Joint Stock Companies. 24 VlCT. Roads. Thia Actio be incorporated with special Acts incorpo- rating Joint Stock Com- panies. ing of shoals or other impediments, or the improving other- wise of the navigation of such streams for such purpose ; 9. The acquiring or constructing, and maintaining of any plank, macadamized or gravelled road, or of any bridge, pier, wharf, dry dock, or marine railway : And this Act shall be incorporated with every such Act ; and all the clauses and provisions of this Act, unless they are expressly varied or excepted by any such Act, shall apply to the Company thereby chartered so far as applica- ble thereto, and shall, as well as the clauses and provisions of every other Act incorporated with such Act, form part of such Act, and be construed together therewith as forming one Act. How such incorporat.ion shall be effected. 2. For the purpose of incorporating this A ct, or any of its provisions with a Special Act, it shall be sufficient in such Act to enact, that the clauses of this Act, or such of them as in such Act may be particularly designated to that end, shall be incorporated with such Act ; and thereupon, all such clauses, save in so far as they are expressly varied or excepted by such Act, shall be construed as if the rest of such clauses were formally embodied and reproduced therein. Meaning of expression "Special Act." Interpreta- tion clause. 3. The expression " the Special Act," used in this Act, shall be construed to mean any Act incorporating a Com- pany for any of the above purposes, and with which this Act is in manner aforesaid incorporated, — and also all Acts amending such Act. 4. The following words and expressions, both in this and the Special Act, shall have the meanings hereby assigned to them, unless there is something in the subject or context repugnant to such construction, that is to say : — 1. The expression " the Company " shall mean the Com- pany incorporated by the special Act ; 2. The expression " the undertaking " shall mean the whole of the works and business of whatever kind, which the Company is authorized to undertake and carry on ; 3. The expression " Real Estate " or " Land ", shall include all Real Estate, messuages, lands, tenements and heredita- ments, of any tenure ; 4. The word " Shareholder " shall mean every subscriber o or holder of Stock in the Company, and shall extend to and include the personal representatives of the Shareholder. General cor- 5- Every Company incorporated for any of the above porate powers purposes, under any Special Act, shall be a body corporate company. Under the name declared in the Special Act, and may acquire, hold, alienate and convey, any real estate necessary or requisite for the carrying on of the undertaking of such Company, and shall be invested with all the powers, privi- 366 1864. Joint Stock Companies. Chap. 18. 3 leges and immiinities necessary to carry into effect the in- tentions and objects of this Act and of the Special Act, and which are incident to such corporation, or expressed or in- cluded in the Interpretation Act. 6. All powers given by the Special Act to the Company |°';?fi^ft«^ .shall be exercised, subject to the provisions and restrictions be subject to contained in this Act. ^^^ ^<='- 7. The affairs of every such Company shall be managed Board of di- by a Board of not less than three, nor more than nine Di- rectors, rectors. 8. The persons named as such in the Special Act, shall F^c|t direc •be the Directors of the Company, until replaced by others ■duly named in their stead. 9. No person shall be elected or named as a Director Qualification thereafter, unless he is a Shareholder, owning Stock abso- °^ airec'ora- lutely in his own right, and not in arrear in respect of any -call thereon ; and the major part of the after Directors of the Company shall, further, at all times, be persons resident in this Province, and subjects of Her Majesty by birth or naturalization. 10. The after Directors of the Company shall be elected Elective di- by the Shareholders, in general meeting of the Company ^ctofs- assembled, at such times, in such wise, and for such term, not exceeding two years, as the Special Act, or (in default i;hereof ) the By-laws of the Company, may prescribe. !!• In default only of other express provisions in such As to eleo- behalf, by the Special Act or by-laws of the Company, — uot^othfirwisa 1. Such election shall take place yearly, all the members provided for. of the Board retiring, and (if otherwise qualified) being eligible for re-election ; 2. Notice of the time and place for holding general meet- ings of the Company shall be given at least ten days pre- viously thereto, in some newspaper published at or as near as may be to the office or chief place of business of the Com- pany ; 3. At all general meetings of the Company, every Share- holder shall be entitled to as many votes as he owns shares in the Company, and may vote by proxy ; 4. Elections of Directors shall be by ballot ; 6. Vacancies occurring in the Board of Directors may be iillod for the unexpired remainder of the term, by the Board, from among the qualified Shareholders of the Company ; 6. The Directors shall from time to time elect from among themselves a President of the Company ; and shall also name, and may remove at pleasure, all other officers thereof. 22 33Y Chap. 18. Jo'nt Stock Companies. 24 Vict. Provision in case of failure of election. Powers of di- rectors. By-laws "or divers pur- poses. How to be confirmed. Proviso : call- ing special meetings. Proof of by- laws Stock to be personalty. Transfer. 12- If at any time an election of Directors be not made or do not take effect at the proper time, the Company shall not be held to be thereby dissolved ; but such election may take place at any general meeting of the Company duly called for that purpose ; and the retiring Directors shall continue in office until their successors are elected. 13. The Directors of the Company shall have full power in all things to administer the affairs of the Company, and may make or cause to be made for the Company any descrip- tion of contract which the Company may by law enter into ; and may from time to time make by-laws not contrary to law, jior to the Special Act, nor to this Act, to regulate the allot- ment of Stock, the making of calls thereon, the payment thereof, the issue and registration of certificates of Stock, the forfeiture of Stock for non-payment, the disposal of forfeited Stock and of the proceeds thereof, the transfer of Stock, the declaration and payment of dividends, the number of the Directors, their term of service, the amount of their Stock qualification, the appointment, functions, duties and remoA'al of all agents, officers and servants of the Company, the security to be given by them to the Company, their remun- eration and that (if any) of the Directors, the time at which and place where the Annual Meetings of the Company shall be held, the calling of meetings, regular and special, of the Board of Directors, and of the Company, the quorum, the requirements as to proxies, and the procedure in all things at such meetings, the imposition and recovery of all penal- ties and forfeitures admitting of regulation by by-law, and the conduct in all other particulars of the affairs of the Company ; and may from time to time repeal, amend or re- enact the same ; but every such by-law, and every repeal, amendment or re-enactment thereof, unless in the meantime confirmed at a Greneral Meeting of the Company duly called for that purpose, shall only have force until the next Annual Meeting of the Company, and in default of confirmation thereat, shall, at and from that time only, cease to have ■ force ; Provided always, that one-fourth part in value of the Shareholders of the Company shall at all times have the right to call a special meeting thereof, for the transaction of any business specified in such written reqtusition and notice as they may issue to that effect. 14. A copy of any by-law of the Company, tinder their seal, and purporting to be signed by any Ofiicer of the Com- pany, shall be received as prima facie evidence of such by- aw in all Courts of haw or Equity in this Province. 15. The stock of the Company shall be deemed personal, estate, and shall be transferable in such manner only, and subject to all such conditions and restrictions as by this Act, or by the Special Act or by-laws of the Company, shall be prescribed. a38 1864. Joint Stock Companies. Chap. 18. 5- 16. If the Special Act makes no other definite provision, -^J^i°^''°s the Stock thereof shall be allotted when and as the Direc- ^ °'^ ' tors, by by-law or otherwise, mfty ordain. 17. The Directors of the Company may call in and de- Calling in in-^ mand from the Shareholders thereof, respectiyely, all sums ^taimenta. of money by them subscribed, at such time and places, and in stich payments or instalments, as the Special Act, or as this Act may require or allow ; and interest shall accrue and fall due, at the rate of six per centum per annum, upon the amount of any unpaid call, from the day appointed for payment of such call. 18. Not less than ten per centum upon the allotted Stock Ten per cent. of the Company shall, by means of one or more calls, be ^^j}^^^*^^°^^t called in and made payable within one year from the incor- \j. poration of the Company ; and for every year thereafter, at least a further ten per centum shall in like manner be call- ed in and made payable, imtil the whole shall have been 60 called in. lO. The Company may enforce payment of all calls and Action for interest thereon, by action in any competent court ; and in ^^j",? neld to such action it shall not be necessary to set forth the special be alleged and matter, but it shall be sufficient to declare that the defend- P™^'^'^- ant is a holder of one share or more, stating the number of shares, and is indebted in the sum of money to which the calls in arrear amount, in respect of one call or more upon one share or more, stating the number of calls and the amount of each, whereby an action hath accrued to the Com- pany under this Act ; and a certificate under their seal, and purporting to be signed by any Officer of the Company, to the effect that the defendant is a shareholder, that such call or calls has or have been made, and that so much is due by him and unpaid thereon, shall be received in all Courts of Law and Equity &s prima facie evidence to that eflfect. 20. If, after such demand or notice as by the Special Act Forfeiture for or by-laws of the Company may be prescribed, any call made "oi-paymeit- upon any share or shares be not paid within such time as by such Special Act or by-laws may be limited in that be- half, the Directors, in their discretion, by vote to that effect, reciting the facts, and duly recorded in their minutes, may summarily forfeit any shares whereon such payment is not made ; and the same shall thereupon become the prop- Forfeited erty of the Company, and may be disposed of as by by-laws fonTtVfte"' or otherwise they shall ordain. company. 21. No share shall be transferable, until all previous calls Calls must be thereon have been fully paid in, or until declared forfeited [^^nsfer'"^^ for non-payment of calls thereon. '""^ "' 22* 339 Chap. 18. Joint Stuck Companies. 24 Vict Shareholders 22. No Shareholder being in arrear in respect of any call to Totr'' "°* shall be entitled to vote at any meeting of the Company. Books to be kept by the company. What to con- tain. 23. The Company shall cause a book or books to be kept by the Secretary, or by some other Officer specially charged with that duty, wherein shall be kept recorded — 1. The names, alphabetically arranged, of all persons who are or have been Shareholders ; 2. The address and calling of every such person, while such Shareholder ; 3. The number of shares of stock, held by each Share- holder ; 4. The amounts paid in, and remaining unpaid, respec- tively, on the stock of each Shareholder ; ^. All transfers of stock, in their order as presented to the Company for entry, with the date and other particulars of each transfer, and the date of the entry thereof; and — 6. The names, addresses and calling of all persons who are or have been Directors of the Company ; with the several dates at which each ever became or ceased to be such Director. Directors may disallow transfer of stock in cer- tain cases. Their liability if they allow transfers to persons with- out means : how. Effect of transfer limit, ed until al- lowed. iBooks to be open to share- holders and creditors of company. 21. The Directors may refuse to allow the entry into any such book, of any transfer of Stock whereof the whole amount has not been paid in ; and whenever entry is made into such book, of any transfer of Stock not fully paid in, to a person not being apparently of sufficient means, the Directors, jointly and severally, shall be liable to the credi- tors of the Company, in the same manner and to the same extent as the transferring Shareholder, but for such entry, would have been ; but if any Director present when such entry is allowed do forthwith, or if any Director then absent do within twenty-four hours after he shall have become aware thereof and able so to do, enter on the minute book of the Board of Directors his protest against the same, and do within eight days thereafter publish such protest in at least one newspaper published at, or as near as may be pos- sible to, the office or chief place of business of the Com- pany, such Director may thereby, and not otherwise, exon- erate himself from such liability. 25. No transfer of Stock shall be valid for any purpose whatever, save only as exhibiting the rights of the parties thereto towards each other, and as rendering the transferee liable ad interim jointly and severally with the transferrer, to the Company and their creditors, — until entry thereof has been duly made in such book or books. 26. Such books shall, during reasonable business hours of every day, except Sundays and statutory and obligatory holidays, be kept open for the inspection of Shareholders and creditors of the Company, and their personal represen- 340 1864. Joint Stock Companies. Chap. 18. Y tatives, at the office or chief place of business of the Com- pany ; and every such Shareholder, creditor or representative may make extracts therefrom. 27. Such books shall be primA facie evidence of all facts Effect as evi- purporting to be thereby stated, in any suit or proceeding ^*'^''^' against the Company or against any Shareholder. 28. Every Director, officer or servant of the Company, Penalty for who knowingly makes or assists to make any untrue entry ?*'''°^ ""' in any such book, or who refuses or neglects to make any proper entry therein, or to exhibit the same, or to allow the same to be inspected and extracts to be taken therefrom, shall be guilty of a misdemeanor, and being convicted thereof, shall be punished accordingly. 29. Every Company neglecting to keep such book or Forfeiture of books open for inspection as aforesaid, shall forfeit its cor- ke^p^ng*"^ °°* porate rights. SO. The Company shall not be bound to see to the execu- Company not tion of any trust, whether express, implied or constructive, to "^31*3° on^ in respect of any shares ; and the receipt of the shareholder shares. in whose name the same may stand in the books of the Company, shall be a valid and binding discharge to the Ccnnpany for any dividend or money payable in respect of such shares, and whether or not notice of such trust shall have been given to the Company ; and the Company shall not be bound to see to the application of the money paid upon such receipt. 31. Every contract, . agreement, engagement or bargain Contracts, made, and every bill of exchange drawn, accepted or endorsed, &c'^'trthl' and every promissory note and cheque made, drawn or company, how endorsed on behalf of the Company, by any agent, officer or cuted.^^*^' servant of the Company, in general accordance with his powers as such under the by-laws of the Company, shall be binding upon the Company; and in no case shall it be necessary to have the seal of the Company affixed to any such contract, agreement, engagement, bargain, bill of exchange, promissory note or cheque, or to prove that the same was made, drawn, accepted or endorsed, as the case may be, in pursuance of any by-law, or special vote or order ; nor shall the party so acting as agent, officer or servant of the Company be thereby subjected individually to any liability whatsoever to any third party therefor : Provided Proviso: as to always, that nothing in this section shall be construed to ba^i^-i^otes- authorize the Company to issue any note payable to the bearer thereof, or any promissory note intended to be circu- lated as money, or as the note of a bank. 32. No Company shall use any of its funds in the pur- As to holding chase of stock in any other Corporation, unless in so far as corporations" 341 Chap. 18. Joint Stock Companies. 24 Vict. Liability of shareholders. Liability of shareholders. As to stocii held by per- sons in a re- presentative capacity. Voting on such stock. such purchase may be specially authorized by the Special Act, and also by the Act creating such other Corporation. 3 *. Each shareholder, until the whole amount of his Stock has been paid up, shall be individually liable to the creditors of the Company, to an amount equal to that not paid up thereon ; but shall not be liable to an action therefor by any creditor, before an execution against the Company has been returned unsatisfied in whole or in part ; and the amount due on such execution shall be the amount recoverable with costs against such Shareholders. 34. The shareholders of the Company shall not as such be held responsible for any -act, default or liability what- soever of the Company, or for any engagement, claim, pay- ment, loss, injury, transaction, matter or thing whatsoever, relating to or connected with the Company, beyond the amount of their respective shares in the capital stock thereof. 35. No person holding stock in the Company as an execu- tor, administrator, tutor, curator, guardian or trustee, shall be personally subject to liability as a Shareholder, but the estates and funds in the hands of such person shall be liable in like manner, and to the same extent, as the testator or intestate, or the minor, ward and interdicted person, or the person interested in such trust fund, would be, if living and competent to act, and holding such stock in his own name ; and no person holding such stock as collateral secu- rity shall be personally subject to such liability, but the person pledging s,uch stock shall be considered as holding the same, and shall be liable as a Shareholder accordingly. 36. Every such executor, administrator, tutor, curator, guardian or trustee, shall represent the stock in his hands at all meetings of the Company, and may vote accordingly as a Shareholder ; and every person who pledges his stock may nevertheless represent the same at all such meetings, and may vote accordingly as a Shareholder. Penalty for_ 37. If the Directors of the Company declare and pay any §end°s^when' dividend when the Company is insolvent, or any dividend company is the payment of which renders the Company insolvent, or '°'°^''^''*' '^'- diminishes the capital stock thereof, they shall be jointly and severally liable, as well to the Company as to the indi- vidual Shareholders and creditors thereof, for all the debts of the Company then existing, and for all thereafter con- How a direct- tracted during their continuance in office, respectively ; but rat^hfmseir" if ^^W Director present when such dividend is declared do forthwith, or if any Director then absent do within twenty-four hours after he shall have become aware thereof and able so to do, enter on the minutes of the Board of Di- 342 1864. Joint Stock Companies. Chap. 18. 9 rectors his protest against the same, and within eight days thereafter publish such protest in at least one newspaper published at, or as near as may be possible to, the office or chief place of business of the Company, such Director may thereby, and not otherwise, exonerate himself from such liability. 38. No loan shall be made by the Company to any Penalty for Shareholder, and if such be made, all Directors and other p™ny°^moneV officers of the Company making the same, or in any wise to sharehold^ assenting thereto, shall be jointly and severally liable to the *''^' •Company for the amount of such loan, — and also to third parties, to the extent of such loan with legal interest, for all debts of the Company contracted from the time of the making of such loan to that of the re-payment thereof. 39. The Directors of the Company shall be jointly and Liability of severally liable upon any and every written contract or certain'debta undertaking of the Company on the face whereof the word of company. " Limited ' or the words " Limited Liability " are not dis- tinctly written or printed after the name of the Company where first occurring, and also to the laborers, servants and apprentices of the Company, for all debts not exceeding one year's wages, due for serA'ice performed to the Company whilst they are such Directors respectively ; but no Director Limitation of ■shall be liable to an action upon any such contract or under- taking or for recovery of any such debt, unless the Com- pany has been sued upon or for the same within one year after the same became exigible, nor yet unless such Director is sued thereon or therefor within one year thereafter, nor yet before an execution against the Company has been returned unsatisfied in whole or part ; and the amount due on such execution shall be the amount recoverable, with costs, against the Directors. 40. Service of all manner of summons or writ whatever Service of upon the Company, may be made by leaving a copy thereof company." * at the office or chief place of business of the Company, with any grown person in charge thereof, or elsewhere with the President or Secretary thereof; or if the Company have no known office or chief place of business, and have no known President or Secretary, then, upon return to that effect duly made, the Court shall order such publication as it may deem requisite to be made in the premises, for at least one month, in at least one newspaper ; and such publication shall be h.eld to be due service upon the Company. 41. Any description of action may be prosecuted and Actions be- maintained between the Company and any Shareholder plny\nd"" thereof ; and no shareholder, not being himself a party to siiarehoiders, such suit, shall be incompetent as a witness therein. 343 10 Chap. 18. Joint Stock Companies. 24 ViCT. Short title of 42. "W henever this Act is referred to, it shall be suffi- '^ ''*■ cient, in citing the same, to use the expression " The Joint Slock Companies General Clausen Consolidation Act." OTTAWA : Printed by Brown Ceaubb !Lin, Law Fiinter to the Qoeen's Most Excellent Majestj. 344 24 VIC, CHAP. 68, -An Act further to amend the Act to provide for the management and improvement of the Harbour of Montreal, and the deepening of the Ship Channel between Montreal and Quebec. [Assented to 18th May, 1861.] ¥HEEEA.S the increase of trade has rendered necessary Preamble. further accommodation of shipping in the Harbour of Montreal, and increased facilities for the regulation and management of the said Harbour, and it is expedient that further powers should, be granted to the Commissioners thereof: Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — !• For the purpose of extending and improving the Harbour cor- wharves, structures and other accommodations in the said borrow£ioo,- Harbour, below the mouth of the Lachine Canal and not ooo sterling, elsewhere, it shall be lawful for the said Corporation to the™arbour. borrow, either in this Province or elsewhere, at par, in such sums and for such number of years, and at such rates of interest, not exceeding eight per cent, per annum, as may be found expedient, any sum or sums of money not exceed- ing in the whole the sum of one hundred thousand pounds sterling, and to expend the same in the said Harbour, for the said purposes, in such manner as may be best calculated to facilitate trade and increase the convenience and utility of the said Harbour. 2. The interest upon the sums of monev which mav be H°^ ^^f '?;■, 1. J J iu 1 X J- J." n terest shall be borrowed under tne last precedmg section, as well as upon paid. all sums already borrowed for the improvement of the said Harbour, shall be paid out of the revenue arising from the dues, rates and penalties imposed by or under the Act mentioned in the title of this Act, or under any Act amend- ing: the same. '5 3. The period of time limited by the seventh section of Periodiimited the Act twentieth Victoria, chapter one hundred and twenty- iJe, sec.'7^' six, for the exercise by the said Corporation of the rights extended. and privileges conferred upon it by the said section, is extended to one year, in lieu of three months, as provided by the said section. 345 Chap. 68. Montreal Uarbmir and Ship Channel. 24 ViCT. Remedy 4. If any injiiTy be done to any of the quays, buoys, sfis\"njurfn'g floating stock, steamers or dredging vessels of the said Cor- the works of poration, used in the said Harbour, or in the said River St. tion.'^"'^^'"^*" 1-awrence between Montreal and Quebec, or elsewhere, or any obstruction whatever be offered or made to the opera- tions of the said Corporation between the said places, by any ships or vessels, or by the carelessness or wantonness of the crew thereof while acting as such crew, or while' acting under the orders of their superior oflicers, it shall be lawful for the said Corporation to seize any such ship or vessel and detain her until the injury so done shall have been repaired by the master or crew thereof, or by other persons interested therein, and until all other damages thereby directly or indirectly caused to the said Corpora- tion, including the expense of following, searching for, dis- covering and seizing such ship or vessel, have been paid to the said Corporation, for the amount of all which injury, damages, expenses and costs, the said Corporation shall have a preferential lien on such ship or vessel and upon the proceeds thereof or ufltil security shall have been given by the said master to pay such amount for such damages, direct or indirect, and for such injury and costs as may be awarded in any suit which may be brought against him for the same, and he is hereby declared to be liable to the said Corporation for any such injury and damages. 5- The power granted to the said Corporation to impose penalties not exceeding five pounds currency, is hereby ex- tended to the imposition of penalties amounting to but not exceeding forty dollars currency, with the same powers in default of payment thereof, and as to the collection and enforcement of payment thereof, and of the cost of proceed- ings for the collection thereof, as are by the said Act or any other Act amending the same conferred upon the said Cor- poration in respect of the penalties which they are thereby permitted to impose. not''t'^^re'tT'^t *** ^ot"^ithstanding anything contained in the Acts in- the powers of corporating the City of Montreal, or amending the same, no Sfw^nnRr^"™' ^Y'^^^ of t^s Corporation of the said city shall restrict or affect in any manner the exercise of the powers conferred upon the Harbour Commissioners of Montreal, under the various Acts relating to the said Harbour. Power to impose penal- ties granted by 18 v., c. 143, extended to $40. missioners. Harbour mas- ter believing the report of a cargo in bulk to be incor- rect, may have it discharged and weighed or measured. T. The Harbour Master shall have power to cause any cargo arriving in or departing from the said Harbour in bulk, to be discharged and weighed or measured, as the case may be, in every case where he shall see reason to believe the report of the weight or measurement thereof to be incor- rect ; and if the weight or measurement thereof be found to exceed the weight or measurement so reported, in any material degree, the owner of such cargo, and the master of 316 1864. Montreal Harbour and Ship Channel. Chap. 68. 3 the vessel containing the same, shall be liable for the expense of such discharging, weighing or measurement in addition to the penalty lor making a false report ; and such expense may be collected in the same manner and at the same time with such penalty ; Provided always, that if such report be Proviso. found to be materially correct the expense of such dis- charging, weighing or measuring shall be borne by the Commissioners. 8. Any order or warrant for the seizure or detention of By whom or- any ship or vessel which, under the said Acts or any of ggY^ureot^a them, might be lawfully made or signed by any Magistrate vessel may be or Justice of the Peace, may be validly made or signed by ^^^^ ""^ ^'^i- the Chairman, or Chairman pro tempore of the said Commis- sioners, who, for the purposes thereof, shall have concurrent jurisdiction with such Magistrate or Justice of the Peace in respect of any such seizure or detention, and of all proceed- ings for enforcing the same ; and the seizure of any ship or vessel and the detention thereof for the causes or purposes for which such seizure or detention is authorized by the said Acts or either of them to be made and naaintained, may be made and may take place in any place within the limits of Lower Canada. *♦• The master or person in charge of any vessel who shall Report of make any report to the said Harbour Commissioners or to any requked to be of their ofiB.cers under the provisions of the several Acts re- made on oath, specting the said Harbour or of any By-law made under the authority thereof shall, if required by such Commissioners or by the officer receiving such report, make oath to the cor- rectness of such report, and the Chairman and Secretary of the said Commissioners, or Harbour Master, and any Justice of the Peace are hereby severally aiithorized to administer such oath ; and if any such person, being so required, shall Penalty for refuse to make oath as aforesaid he shall be exposed to all refusal. the penalties imposed by the said Acts or by the By-laws of the said Commissioners upon persons making a false report. lO. All provisions contained in the Act cited in the title inconsistent to this Act, or in any Act amending it, inconsistent with repeakd!"^ the present Act, are hereby repealed. 11« This Act shall be deemed a Public Act. Public Act. OTTAWA : Printed by Brown Chambeklin, Law Printer to the Queen's Host Excellent .Majesty. 3 47 25 VIC, CHAP. 26. An Act to amend the Act for the management of the Toronto Harbour. [Assented to 9th June, 1862.] PrelmWe. "TTTHEREAS the Commissioners of the Harbour of Toronto VV have, by their petition, set forth that the Pier at the mouth of the said Harbour, constructed by them for the pur- pose of protecting the same, can now be made available for other purposes, and is well adapted for the site of Grain Elevators, and that application has been made to them by Railway Companies for a lease of the same, with the view of laying down branch rails on the said Pier and construct- ing such Elevators, and that such accommodation is much needed by the trade of Toronto, and would greatly benefit the public, and at the same time would bring in some re- turn for the outlay expended by the petitioners, without, in any way, iuterfering with their proper and legitimate busi- ness or duties as such Commissioners, and have prayed to be enabled to enter into the necessary leases, and make the necessary arrangements, with Railway Companies or other parties, for the above purpose ; and whereas it is ex- pedient to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as fol- lows : — Commission- 1. The Commissioners of the Harbour of Toronto may, at tie pier for^^* any time, and from time to time, grant leases of the Pier at certain pur- the mouth of the said Haibour, constructed by them for the ascertain °' purpose of protecting the same, to Railway Companies, or to period. any parsons, for the purpose of constructing Grain Eleva- tors thereon, and laying down branch lines of railway lead- ing to such Grain Elevators ; and any such lease may be made and entered into for any period not exceeding twenty- one years ; and the said Commissioners may also at any May agree time, and from time to time, make and enter into any agree- with any rail- j^ent or arrangement with any Railway Company, or with pauy, &c. any person, for the construction and use of any Grain Ele- vator or of any Branch line of Railway on or over the said 348 1862. Harbour of Toronto. Chap. 2fi. Pier, and generally for the management and working there- of, when constructed, for any term not exceeding twenty- one years. ' 2. This Act shall be deemed a Public Act. P"Wio Act OTTAWA : Printed by Bbown Chambehlin, Law Printer to the Queen's Moat Excellent Majesty. 849 25 VIC, CHAP. 46. An Act to amend the Act to provide for the improve- ment and management of the Harbour of Quebec. [Assented to 9th June, 1862.] Preamble. TT7 HEREAS it is expedient to remove doubts which have VV arisen touching the interpretation to be given to thjB ■ 32, second section of the Act passed in the twenty-second year of Her Majesty's Reign, chapter thirty-t\^ o, intituled : An Act to provide for the improvement and management oj the Harbor of Quebec, and to amend the provisions of the said Act : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — 22 V., . <1858). Amendment to sec. 2. !• After the following words in the second section of the said Act, " all land below the line of high water on the north side of the river St. Lawrence," the words, — " and all laud below the line of high water mark on the rivers Cap- Rouge and Montmorency, and on the rivers St. Charles and Beauport, where the tide ebbs and flows," — shall be added and shall make part of the said section and Act. Commission- 2. The Commissioners for the improvement and manage- eniarged^as to luent of the Harbor of Quebec, are hereby empowered, by imposing any By-law to be hereafter made, to impose penalties not exceeding one hundred dollars currency or sixty days im- prisonment, .for any one offence, upon persons infringing or contravening the provisions of the said Act, as hereby amended. penalties. Commission- 3. It shall be lawful for the said Commissioners, by any prae°a to™' by-law to be hereafter made, to impose and levy a tonnage nage duty. duty, not exceeding five cents for every ton measurement, upon all vessels coming from or trading to parts beyond the seas, discharging cargo or ballast, or loading in the Harbor of Quebec, and from time to time to alter the same, provided they do not exceed the rate aforesaid ; and such tonnage duty may be collected and recovered in the manner pro- vided as to the rates and dues authorized by the said Act ; Proviso: asto Provided always, that if any such vessel shall not discharge To Montreal, or take on board the whole other cargo in the Port of Que- bec, the tonnage di\ty shall be levied only proportionately 350 1862. Harbour of Quebec. Chap. 46. 2 to the ratio which the portion of cargo so discharged or taken on board bears to the entire quantity of cargo on board such vessel ; but no such By-law shall be valid Proriso. until it shall receive the sanction of His Excellency the Grovernor G-eneral in Council, in the manner pointed out by the fifth sub-section of the fourth clause of the Act recited in the first clause of this Act. 4. The Collector or other officer of Her Majesty's Cus- Vessel not to toms at the Port of Quebec shall not grant a clearance out- ^j toimage""* wards from the said Port of Quebec, to any such vessel as duty is paid. aforesaid, unless the master of such vessel produces a cer- tificate from the Secretary- Treasurer of the said Commis- sioners, or from some other person duly appointed by the said Commissioners to receive tonnage dues shewing that he has paid the tonnage dues imposed under the authority of this Act. 5- Concurrent jurisdiction is hereby given to the Trinity Jurisdiction to House of Quebec, to hear and try all cases wherein any Qu"bec. Justice of the Peace or Magistrate has jurisdiction by the Act herein first above cited and hereby amended. 6« This is a Public Act, and shall be construed as one How this Act Act with the Act first above cited and hereby amended, and ^ha-ii be con- all words and expressions in this Act shall have the meaning assigned to them in the said Act. OTTAWA : Printed by Brows Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 351 26 VIC, CHAP. 53. An Act to amend the Act twelfth Victoria, chapter one hundred and fourteen, relating to the Quebec Trinity House. [Assented to I2th Map, 1863.] Preamble. TT^ HEEEAS the Superintendents of Pilots, mentioned in 12 V., c. 114. YV the Act twelfth Victoria, chapter one hundred and fourteen, have by their petition prayed to be exempted from contributing to the Pilots' Fund, and from deriA'^ing any benefit therefrom, and the Corporation of the Pilots for and below the Harbour of Quebec have consented to their re- quest ; and whereas it is expedient in consequence to amend the said Act: Therefore Her Majesty, by and with the ad- vice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — Superinten- ]. From and after the passing of this Act it shall be law- not to°cout°u f^l for the two Superintendents of Pilots mentioned in the bute to or Act twelfth Victoria, chapter one hundred and fourteen, to Pilots' Kind! cease contributing in any way to the Pilots' Fund therein mentioned ; and from that time forth the said Superintend- ents of Pilots and their families shall cease to be entitled to any portion of the said fund or of the revenue arising there- from, and all the contributions which the said Superintend- ents of Pilots have m ade and paid to the said fund up to the time of the passing of this Act shall be lost to them and shall become the property of the said fund. Public Act. 2. This Act shall be deemed a Public Act. OTTAWA : Printed by Brown Chamberun, Law Printer to the Queen's Most Excellent Majesty. 352 27-28 VIC, CHAP. 12. An Act to replace the improvements in the Navigation of the River St. Lawrence, between the Harbours of Quebec and Montreal, under the control of the Com- missioner of Public Works. [Assented to BOth June, 1864.] WHEREAS under the provisions of the Acts thirteenth Preamble. and fourteenth Victoria, chapter ninety-seven, six- teenth Victoria, chapter twenty-four, eighteenth Victoria, chapter one hundred and forty-three, and other Acts of the Provincial Parliament, the works undertaken for the im- provement of the river St. Lawrence, between the harbours •of Quebec and Montreal, by deepening the channel thereof through Lake St. Peter and at or near Isle Platte, and wherever, else it might require deepening, were placed under the superintendence and control of the corporation -of the harbor commissioners of Montreal, and certain steamers, dredging vessels, machinery, tools and implements constructed or acquired by this Province for the said works were placed at the disposal of the harbor commissioners, who were authorized to raise and have raised certain sums of money for defraying the cost of the said works, by the issue of debentures of which the principal and interest were not guaranteed by the Province but were to be payable out of a tonnage duty on vessels passing through Lake St. Peter, which has been imposed by thejGrovernor in Council under the said Acts at the instance of the said harbor commission- ers, and by them received and applied towards such pay- ment ; and whereas in addition to the said tonnage duty, other large sums of money have been advanced by this Province to the said harbor commissioners to defray the interest on the said debentures and to redeem such of them as had matured, and otherwise to defray the expenses of the said works, on condition that the said improvements should be completed by the said harbor commissioners with the sums so raised and advanced as aforesaid ; and whereas it is expedient that the said works and improvements should be replaced under the control of the Commissioner of Public "Works, to be completed and dealt with as public provincial works, and that the payment of the principal and interest of the debentures issued by the said harbor commissioners 23 353 2 Chap. 12. Improvements— River St. Lawrence. 27-28 ViCT. under the Acts and for the purposes aforesaid should be assumed by the Province, subject to the provisions herein- after made : Therefore Her Majesty, by and with the advice and consent of the Lf^gislative Council and Assembly of Canada, enacts as follows : — The said 1. From and after the first day of July next after the comeprovin"- passing of this Act, the works mentioned in the preamble to ciai works this Act shall be and are hereby placed under the control 18^4. ^^^ ^^^^' 3'^ a certain time. the Collector oi Inland itevenue. 10. The Municipal Councils of any two or more neigh- Concurrence boring municipalities, wherein any such by-law is in force, hig^munici-'^' may each of them, by a further by-law, concur in and con- paiities. firm, mutually, sujh by-law or by-laws of the other or others of such municipalities : 359 Chap. 18. Intoxicating Liquors. 2Y-28 Vict.. Form of con- currence. To be com- municated to excise ofGcers. By-law to be submitted to electors. . How only to be repealable. No license to be issued while a prohi- bitory li(^uor law remains in force in L. C. Nor any pen- alty for want of a license, under Con. Stat. L. C, c. 6. The same in U. C. 2. Such further by-law shall not have embodied thereiiL any other provision than the simple declaration that the by- law or by-laws of the neighboring municipality or munici- palities in question are thereby concurred in and confirmed ; and shall be communicated in like manner to the Collector of Inland Revenue, or Collectors, as the case may be : 3. Such further by-law shall be submitted for approval to- the Electors, in the manner and with the formalities pre- scribed by the fifth section of this Act, — and shall not take effect, unless approved by a majority of the electors voting- thereon : 4. No by-law so mutually concurred in and confirmed shall thereafter be repealed, unless with the like concur- rence in and confirmation of such repeal, on the part of the municipalities in question. !!• In Lower Canada, from the day of communication to him of any by-law passed under authority and for enforce- ment of this Act, and for so long thereafter as the same con- tinues in force, no Collector of Inland Revenue shall issue any license to take effect within the county, city, town, township, parish or incorporated village, affected by such by-law, — either for keeping an inn, tavern, or other house or place of public entertainment, and for retailing whisky or any spirituous liquors, wine, ale, beer, porter, cider, or other vinous or fermented liquors, — or for keeping an inn, tavern, or other house or place of public entertainment, and for retailing wine, ale, beer, porter, cider, or other vinous or fermented liquors, but not brandy, rum, whisky or other spirituous liquors, — or for vending or retailing in any store or shop, brandy, rum, whisky, or other spirituous liquors, and wine, ale, beer, porter, cider, or other vinous or fermented liquors, in a quantity not less than three half- pints at any one time ; and no person shall be liable by reason of his not having therein any license of such descrip- tion, to the penalty of fifty dollars, imposed by the twenty- second section of the Act chaptered six of the Consolidated Statutes for Lower Canada, intituled : An Act respecting tavern keepers and the sale of intoxicating liquors : 2. In Upper Canada, fronj the like day and for the like period, no Collector of Inland Revenue shall issue, to take- effect within the like limits, — either any tavern license, that is license for the retail of spirituous, fermented or other manufactured liquors to be drunk in the inn, ale-house,, beer-house, or other house of public entertainment in which the same is sold, — or any shop-license, that is license for the retail of such liquors in shops, stores or places other than inns, ale-houses, beer-houses or places of public entertain- ment. 12. From the day on which such by-law takes effect for into'xicaT* other purposes, as aforesaid, and for so long thereafter as 360 While the by- law is in force no 1864. Intoticating Liquors. Chap. 18. T the same continues in force, no person, unless it be for ex- i°g j',^^'"g^^'* clnsively medicinal or sacramental purposes, or for bond fide pretence, for use in some art, trade or manufacture, or as hereinafter any but medi- authorized by the third or by the fourth sub-section of this men°ai^pur^ section, shall within such county, city, town, township, poses, &c. parish or incorporated village, by himself, his clerk, servant or agent, expose or keep for sale, or directly or indirectly, on any pretence or by any device, sell or barter, or in con- sideration of the purchase of any other property give, to any other person, any spirituous or other intoxicating liquor, or any mixed liquor capable of being used as a beverage and part of which is spirituous or otherwise intoxicating : 2. And neither any license issued to any distiller or Licenses to be brewer, — nor yet any license for retailing on board any steamboat or other vessel, brandy, rum, whisky, or other spirituous liquors, wine, ale, beer, porter, cider, or other vinous or fermented liquors, — nor yet any license for retail- ing on board any steamboat or other vessel, wine , ale, beer, porter, cider, or other vinous or fermented liquors, but not brandy, rum, whisky, or other spirituous liquors, — nor yet any other description of license whatever, — shall in any wise avail to render legal any act done in violation of this section : 3. Provided always, that any licensed distiller or brewer. Not to prevent having his distillery or brewery within such county, city, trties'of^five" town, township, parish, or incorporated village, may thereat pUons, by- expose and keep for sale such liquor as he shall have manu- scms'j^at place factured thereat, and no other ; and may sell the same of manufec- thereat, but only in quantities not less than five gallons at "^' any one time, to be wholly removed and taken away there- from in quantities not less than five gallons at a time ; and Proviso: in provided also, that any such licensed brewer may sell brewers.^ bottled ale or porter of such manufacture in quantities not less than one dozen bottles of at least three half pints each at any one time, to be wholly removed and taken away in quantities not less than one dozen such bottles at a time : 4. Provided also, that any merchant or trader having his ^''o^'so : in store- or place for sale of goods within such county! city, chants for sale town, township, parish or incorporated village, may thereat ^° "^♦^•''^ keep for sale and sell intoxicating liquor, but only in quan- ""^^"^ titles not less than five gallons (or in the case of bottled wine, ale or porter, than one dozen bottles of at least three half pints each) at any one time, to be wholly removed and taken away in quantities not less than five gallons (or in the case of bottled wine, ale or porter, than one dozen such bottles) at a time, 13. Whoever, by himself, his clerk, servant or agent, ex- Selling by the poses or keeps for sale, or directly or indirectly, on any pre- of*TuiTra°for- tence or by any device, sells, or barters, or in consideration bidden, &c. of the purchase of any other property, gives, to any other person, any spirituous or other intoxicating liquor, or any 361 8 Chap. 18. Intoxicating Liquors. 27-28 Vict. mixed liquor capable of being used as a beverage and a part of which is spirituous or otherwise intoxicating, in violation Penalty. of the twelfth Section of this Act, shall incur a penalty of not less than twenty, nor more than fifty dollars for each such The agent offence; and whoever, in the employment or on the pre- with^the^prin^ mises of another, so exposes or keeps for sale, or sells, or cipai. barters, or gives, in violation of the said section, shall be held equally guilty with the principal, and shall incur the same penalty. By whom pen- alties may be recovered. Excise oflBcer bound to pro- secute. And before ■what tri- bunal. If before a stipendiary magistrate, If before two justices of the peace. 14. Any prosecution for such penalty may be brought by or in the name of the Collector of Inland Eevenue within whose official district the offence was committed, — or by or in the name of the corporation of the municipality wherein the offence was committed, — or by or in the name of any person, whether authorized by the Council of such munici- pality or not ; and where the by-law is a county by-law, the corporation of the county, equally with that of the munici- pality comprised therein and within which the offence was committed, may prosecute, or may authorize any person to prosecute : 2. It shall be the duty of such Collector of Inland Revenue to bring such prosecution, whenever he shall have reason to believe that such offence has been committed, and that a prosecution therefor can be sustained, and would not subject him to any undue measure of responsibility in the premises : 3. Such prosecution may be brought before any Stipen- diary Magistrate, or before any two other Justices of the Peace for the district in Lower Canada, or for the county ox union of counties in Upper Canada, wherein the offence was committed, — or, if the offence was committed in the district either of Montreal or of Quebec, then before the Recorder or Judge of the Sessions of the Peace at Montreal or Quebec, as may be, or, if the offence was committed in any other district in Lower Canada, then before the Sheriff of such district, — or, if the offence was committed in any city or town in Upper Canada having a Recorder or Police Magis- trate, then before such Recorder or Police Magistrate, — or if the offence was committed in any city or town in Upper Canada not having a Recorder or Police Magistrate, then before the Mayor thereof : 4. If such prosecution is brought before any such Stipen- diary Magistrate, Recorder, Judge of the Sessions of the Peace, Sheriff, Police Magistrate or Mayor, no other Justice shall sit or take part therein : 5. If such prosecution is brought before any two other Justices of the Peace, the summons shall be signed by both of them ; and no other Justice shall sit or take part therein, unless by reason of their absence, or the absence of one of them, nor yet in the latter case, unless with the assent of the other of them : 362 1864. Intoxicating Liquors. Chap. 18. 9 6. In the next following twenty-four sections, the word interpreta- "Justice" includes any such Stipendiary Magistrate, Re- 24°gectionr^ corder, Judge <^ the Sessions of the Peace, Sheriff, Police Magistrate, or Mayor, or any such two other Justices of the Peace, as the case may be. 15. Every such prosecution shall be commenced within Limitation three months after the alleged offence, and shall be heard g„ii., and determined in a summary manner, either upon the confession of the defendant, or upon the evidence of one or more witnesses. 16. It shall not be necessary, in any such prosecution, to What only it set forth or mention on the face of the complaint, summons, \^ ^l insert conviction, warrant of distress or warrant of commitment, in the com- the by-law bringing the municipality within the special ^ ^'°*' '^' purview of this Act ; but such complaint, summons, con- viction and warrants may be in the forms C, D, E, F and Gr respectively, hereto appended, or to the like effect; and As to aiiega- unless the defendant specially puts in issue the fact of such o\°by4aw."^°° by-law being in force, such fact shall be presumed by the Justice ; and if such fact is so put in issue, the production of a copy of such by-law, certified under the hand of the Clerk or Secretary-Treasurer of the Municipality, and having thereon a certificate under the hand of the same ofBcer, of the due publication (if requisite), and communication to the Collector of Inland Revenue of such by-law, or of such communication only, if publication thereof was not requis- ite, shall be conclusive proof of the passing and of the tenor thereof, and also of such publication and communication thereof, the whole as so certified ; and no fact so certified touching such by-law shall be incidentally put in issue or questioned in the course of any such prosecution. V7' Two or more offences, by the same party, may be in- Several eluded in any such complaint, provided the time and place bfinciuctedT of each offence is stated ; and in that case, the forms afore- said shall be altered, so far as need may be, accordingly : 2. But whatever may be the number of the offences so Proviso: total included in one complaint, the maximum of penalty impos- p™^^*? ''™''- able for them all shall in no case exceed one hundred dol- lars. 18. If in any such case the defendant fails to appear as ^a:/>ar'e if de- required by the summons, the Justice may proceed ex parte nJt'^appeir.'^ to the consideration and hearing thereof, and may adjudi- cate therein, as fully and effectually to all intents as though the defendant had duly appeared in obedience to the sum- mons. 19. Any such complaint may be amended before final Amendment hearing, in any matter of form or substance, upon applica- "^ complaint. 363 too defective. 10 Chap. 13. Intoxicating Liquors. 27-28 ViCT. tion to that eiFect, by or for the prosecutor, and without costs, unless otherwise specially ordered by the Justice; and on such amendment being made, the defendant (should he require it) may have a further delay to plead to the If adjudged merits, or for plea and proof, as may be ordered ; and if the * '"" complaint, in the opinion of the Justice, is so defective that a legal conviction cannot be based upon it, and is not amended, the Justice may dismiss the case, with or without costs in his discretion. Not to be dis- 20. No such prosecution shall otherwise be dismissed formality^"" ^'°^ ^^^ defect, informality, error or omission ; but if it but adjourned appears that the defendant has been, or may have been, case"**"" materially misled thereby, the Justice may, on such terms as he thinks fit, adjourn the further proceedings in the case to a future day. No costs 21. If any such prosecution is dismissed, the Justice, cutorifp^ro- should he be of opinion that there was probable cause for babie cause, the complaint, shall not award to the defendant costs against the prosecutor. process °&c ^^* ^'^'"^^7 Summons or other process, proceeding, or paper, in any such case, may be served, and the service thereof certified under his oath of office, by\ny bailifi", or by any constable or peace officer, duly appointed for the locality wherein the same is pending. Depositions 23. In every such case, if the Justice so orders, or if either duYedTowrit- P^^ty SO requires, the depositions of the witnesses shall be ing and filed, reduced to writing by the Justice, or by such clerk as the Justice m^ay appoint to that end, and shall be filed of record Fees to clerk in the cause ; such clerk shall be entitled to charge and how paid.' ^" receive, at the rate of ten cents for each hundred words of evidence so reduced to writing, or of two dollars per diem, in the discretion of the Justice, — to be entered in taxation, and paid by either party, or partly by each party, as the convic- tion or judgment in the case may ordain ; and if no convic- tion or judgment is rendered therein within two months after the taking of such evidence, then the fees of such clerk shall be paid in equal shares by each party. "ciiei&ilot^' ^'*" ■'-* shall not be necessary, in any such case, to prove offences dis- that an oifence was committed on the precise day specified, pensed with, j^j order to obtain a conviction, provided it is proved that the same was committed on or about such day, and before the date of the complaint. u^uor "^m"*^ 25. In all such cases, the delivery of intoxicating liquor otherwise of any kind in or from any building, booth or place, other than private than a private dwelling house or its dependencies, or residents to b3 in or from any dwelling house or its dependencies, if any 364 1864. Intoxicating Liquors. Chap. 18. 11 part thereof is used as a tavern, eating house, grocery, shop, ^^^^^^^/J'" or other place of common resort, — such delivery in either g^ie. case being to any one not bom fide a resident therein, — shall prima facie be deemed evidence of and punishable as a sale in violation of the twelfth and thirteenth sections of this Act ; and any such delivery in or from a private dwelling -^ijat shall be house or its dependencies, or in or from any other building, ^°[^^^^™^Q^^gg booth or place whatever, to any one whether resident there- or'toresi-^^ in or not, with payment or promise of payment, either ex- dents. press or implied, before, on or after such delivery, shall prima facie be deemed evidence of and punishable as a sale in violation of the said sections. 26. In any such case, the Justice may sammon any per' Summoning son represented to him as a material witness in relation Committal of thereto ; and if such person refuses or neglects to attend those refusing pursuant to such summons, the Justice may issue his war- to answer. rant for the arrest of such person, and he shall thereupon be brought before the Justice ; and if he refuses to be sworn or to affirm, or to answer any question touching the case, he may be committed to the common gaol, there to remain until he consents to be sworn, or to affirm, and to answer. ST. No person shall be incompetent on account of inter- interest no €st in the event of any such case, to give evidence therein. ^^'^"^'^ 28. Any person examined or called as a witness in any witnesses such case, shall be bound to answer all questions put to ''"""^^.'"ji iim, and which the Justice deems relevant, notwithstand- relevant ques- ing his answers may disclose facts subjecting or tending to ^ions. subject him to any penalty or other criminal proceeding ; but his answers shall not be used against himself in any prosecution or criminal proceeding. 29. Any person who, either before or after the summons Penalty for of any witness in any such case, tampers with such witness, ^iTh wit-° or by any offer of money, or by threat or otherwise, directly uesses. or indirectly, induces or attempts to induce any sttch per- son to absent himself or herself or to swear falsely, shall be liable to a penalty of fifty doUars'for each such offence. SO. "Whenever judgment is rendered under the said Defendant twelfth and thirteenth sections of this Act,for the amount of "^^^^'^^Ig'^Q any penalty and costs, the Justice, if he sees fit, may call on his means of the defendant to declare whether or not he possesses suffi- p'^sfymg the cient goods and chattels to satisfy the same, — and if the answer is affirmative, may further examine him as to the Sufficiency of such goods and chattels, and as to their being or not being readily available for seizure under a vs^arrant of distress ; and if the defendant either answers in the neg- imprisonment ative, or refuses to answer, or fails to answer to the satis- are not satis- faction of the Justice, he may be forthwith imprisoned factory. 365 12 Chap. 18. Intoxicating Liquors. 27-28 ViCT. under the warrant of the Justice, in the common gaol of the district, or county, or union of counties, for a period of not less than one nor more than three months, counting from the day of his arrival as a prisoner at such gaol ; but the defendant, in that case, may at any time obtain his liberation from such imprisonment, by making full pay- ment of such amount and of all subsequent costs. ifTfend^Us ^*' ^^ *^® defendant is not • present at the time of the absent and rendering of such judgment, and it is made to appear to the does not ap- satisfaction of the Justice, by affidavit, that the issue of a goods to satis- Warrant of distress would be likely to fail of realizing the fy judgment. fuH amount thereof, in penalty and costs, the defendant may be forthwith imprisoned in such common gaol under warrant of the Justice, for a period of not less than one nor more than three months, counting from the day of his arri- val as a prisoner at such gaol ; but the defendant, in that case, may at any time obtain his liberation from such im- prisonment, by making full payment of such amount and of all subsequent costs. Execution if 32. If the Justice does not SO interrogate the defendant, sufficient* ^^ being present, — or if the defendant being interrogated shows goods. that he possesses a sufficiency of available goods and chat- tels to satisfy the amount of the judgment in penalty and costs,— or if in the absence of the defendant it is not shown to the satisfaction of the Justice, that the issue of a warrant of distress would be likely to fail of realizing the full amount of the judgment, in penalty and costs, — then in default of immediate payment, such amount shall be levied by warrant of distress out of the goods and chattels of the In default of defendant ; and in default of such goods and chattels or in frament^"' ^^^® ^^ their being insufficient, the defendant shall be im- prisoned in such common gaol, under warrant of the justice, for a period of not less than one nor more than three months, counting from the day of his arrival as a prisoner at such Liberation on gaol ; and the defendant, in that case, may at any time Fi5i™*°* '" obtain his liberation from such imprisonment, by making full payment of such amount and of all subsequent costs. Application 33. In Lower Canada, such penalties shall be disposed of ofp^enaitiesin ^ ^^^ following manner, that is to say :— If prosecuted 1- ^^ ^^^ prosecution, was brought by or in the name of a by Collector Collector of Inland Eevenue, and not under authorization of Rerenue. ^^^^ ^j^g Council of a municipality, two third parts shall belong to and be retained by such collector, -but subject to the obligation of paying over one of such two third parts to any person on whose information he may have instituted the prosecution ; and the remaining third part shall, by the Collector, be paid over to the Sheriff of the district wherein the offence was committed, and shall form part of the Building and Jury Fund thereof: 366 1864. Intoxicating Liquors. Chap. 18. 13 2. If the prosecution was brought by or in the name of the p' prosecution corporation of a municipality, or by or in the name of any of" mun^c^^* person authorized by the Council thereof, two third parts paiitj. shall belong to such corporation ; and the council of the municipality may pay over not more than one of such two third parts, either to such person, or to any other person upon whose information the prosecution may have been instituted ; and the remaining third part shall, by the cor- poration, be paid over to the Sheriff of the district wherein the offence was committed, and shall form part of the Building and Jury Fund thereof : 3. If the prosecution was brought by or in the name of if brought by any person not so authorized, the penalty shall be paid over another per- to the Sheriff of the district wherein the offence was com- mitted, and shall form part of the Building and Jury Fund thereof. 34. In Upper Canada, all such penalties shall be dis- ^fP^enaWe^in posed of in the following manner, that is to say : — u o. 1. If the prosecution was brought by or in the name of a if prosecuted Collector of Inland Revenue, and not under authorization by a Collector from the Council of a municipality,^ two third parts shall Revenue. belong to and retained by such Collector, — but subject to the obligation of paying over one of such two third parts to any person on whose information he may have instituted the prosecution ; and the remaining third part shall by the Collector be paid over to the Receiver Greneral, for the Upper Canada Building Fund : 2. If the prosecution was brought by or in the name of If by a muni- the corporation of a municipality, or by or in the name of "P*ii*y- any person authorized by the Council thereof, the whole shall belong to such corporation ; and the Council of the municipality may pay over not more than one half thereof, either to such person, or to any other person upon whose information the prosecution may have been instituted : 3. If the prosecution was brought by or in the name of if by a private any person not so authorized, the penalty shall belong to P*''*^- the corporation of the municipality whose by-law is thereby enforced ; and in that case, the Council may pay over to any other person upon whose information the prosecution may have been instituted, not more than one-half of the whole penalty or may apply the same to Municipal pur- poses as they see fit. 35. Any persons bringing such prosecution under auth- ludemnifica- orization from a Municipal Council, shall be indemnified by tionofprose- the corporation of the municipality so authorizing him, for r^e°d"y muSi- all costs therein, whatever may be the result of the prose- cipaiities as to cution: '=°=*=- 2. In Upper Canada any person bringing such prosecu- in u*. c. with- tion to a successful issue, without having been so author- °"^ f"^'^ *''■ ized, shall be indemnified by the corporation whose by-law ' °" ^" 14 Chap. 18. Intoxicating Liquors. 21-28 ViOT. InL. C. Th& same. Cost of con- veying to gaol. is thereby enforced, for any amount of costs which, with- out default on his part, he may have failed to recover from the defendant : 3. In Lower Canada, under like circumstances, any such person shall be indemnified in the like manner, but only to the extent of such moneys as within the current year may be paid into the funds of such corporation on account of penalties recovered under such prosecutions : 4. Whenever any person is committed to gaol under the thirtieth, thirty-first, or thirty-second section of this Act, the cost of his arrest and conveyance to gaol shall in like manner be borne by the corporation whose by-law is thereby enforced. No certiorari allowed nor appeal In cer- tain cases. No by-law voidf^defect j^ej^t of Or for defect in matters' precedent to the poll. Obligation of municipal -ofScers to per- form duties assigned to them by this Act. Provisions of Municipal Acts for pre- servation of order at elec- tions to apply to thote under this Act 36. J^o conviction, judgment or order, in any such case, shall be removed by certiorari or otherwise, into any of Her Majesty's Superior Courts of Eecord ; nor shall any appeal whatever be allowed from any such conviction, judgment or order, to any Court of GreneraL Quarter Sessions, or other Court whatever, when the conviction has been made by a Stipendiary Magistrate, Recorder, Judge of the Sessions of the Peace, Sheriff or Police Magistrate. 37. No by-law passed under authority and for enforce- this Act, shall be set aside by any Court, for any defect of procedure or form whatever : 2. And no such by-law, adopted by the electors of a muni- cipality under the fourth and fifth sections of this Act, shall be set aside by any Court, for any defect whatever, whether of form or substance, affecting the requisition there- for, the authenticity or number of the signatures thereto, the qualification of the signers thereof, or any matter, thing or procedure antecedent to the first publication of the notice given for the poll taken thereon unless the same be un- authorized by this Act. 38. Every duty devolving upon any ^lunicipal Ofiicer under any of the foregoing sections of this Act, whether in Lower or in Upper Canada, shall be performed by such Offi- cer, with the same powers and under the same penalties and liabilities, in all respects whatever, as though the same devolved upon him under the express enactments of the Lower Canada Consolidated Municipal Act, or of the Act chaptered fifty-four of the Consolidated Statutes for Upper Canada, as the case may be : 2. All the provisions of the said Acts respectively, for the preservation of peace and good order at Municipal Elections, the prevention and punishment of ofiiences at or with res- pect to such Elections, the expenses thereof, the power to appoint and swear special constables, and to administer oaths or affirmations to voters, the remedy in case of inter- ruption of the proceedings, and generally all the provisions 368 1864. Intoxicating Liquors. Chap. 18. 15 ■of the said Acts respectively relating to Municipal Elections and the polls thereat, and all matters incident thereto, shall apply to polls taken under this Act and the proceedings -thereat, the ofhoers and persons presiding at or employed in or about the same, and all matters incident thereto, as if such polls were held with respect to elections under the said Acts, — except only in so far as such provisions may be inconsistent with those of this Act ■GENERAL PROVISIONS, IRRESPECTIVE OF LOCAL PROHIBITTON. 39. In prosecutions for the sale or barter, in any locality in prosecu- wherein no by-law passed under authority and for enforce- ^°°houuf-*'* ment of this Act is in force, of intoxicating liquor of any cenae certain kind, without the license therefor by law required, or con- guffi™^*to°* irary to the true intent and meaning of the law in that be- put defendant half, it shall not be necessary that any witness should de- and'convlct*' pose directly to the precise description of the liquor sold or him in default bartered or the precise consideration therefor, or to the fact °^ rebuttal. of the sale or barter having taken place with his participa- tion or to his own personal and certain knowledge, but the Justice or Justices trying the same, so soon as it naay appear to him or them that the circumstances in evidence suffi- ciently establish the infraction of law complained of, shall put the defendant on his defence, and in default of his re- buttal of such evidence, shall convict him accordingly : 2. In every such prosecution, such Justice or Justices may Witaesses summon any person represented to him or them as a material and not ap- witness in relation thereto ; and if such person refuses or pearing may neglects to attend pursuant to such summons, the Justice or by warrant"^ Justices may issue his or their warrant for the arrest of such person ; and he shall thereupon be brought before the Jus- tice or Justices, and if he refuses to be sworn or to affirm, or to answer any question touching the case, he may be com- mitted to the common gaol, there to remain until he con- sents to be sworn or to affirm, and to answer. 40. "Whenever in any inn, tavern, or other house or place Liability of of public entertainment, or wherein refreshments are sold, i^°i^eeper3 or or in any place wherein intoxicating liquor of any kind is their "employ, sold, whether legally or illegally, any person has drunk to *°^' ^^° ^"^ excess of intoxicating liquor of any kind, therein furnished sra3°who be-" to him, and while in a state of intoxication from such "°™V°'°^^- drinking has come to his death by suicide, or drowning, or commiTsui- perishing from cold, or other accident caused by such intox- f^^ '"'iS^l^'' ication, the keeper of such inn, tavern, or other house or "^ '^° ' '^' place of public entertainment, or wherein refreshments are ■sold, or of such place wherein intoxicating liquor is sold, and also any other person or persons who for him or in his employ delivered to such person the Liquor whereby such intoxication was caused, shall be jointly and severally {solidairement) liable to an action as for personal wrong, if 24 369 16 Chap. 18. , Intoxicating Liquors. 2Y-28 ViCT. brought within three months thereafter, but not otherwise^ Action by the legal representatives of the deceased person ; and against them. s,VLch. legal representatives may bring either a joint and sev- eral action against them or a separate action against either or any of them, and by such action or actions may recover such sum not less than one hundrednor more than one thou- sand dollars, in the aggregate of any such actions as may therein be assessed by the Court or Jury as damages : Sec. 30 of cap. 2. The thirtieth section of the Act chaptered six of the L'.c^repeaie°d.' Consolidated Statutes for Lower Canada, is hereby repealed. Persons who 41. If a person in a state of intoxication assaults any uq'uofiilbie person, or injures any property, whoever furnished him for assault with the liquor which occasioned his intoxication, — if such "in"^ ^^ furnishing was in violation of this Act, or otherwise in thereby in- violation of law, — shall be jointly and severally (solidaire- toxicatea. ^g^^j \iah\& to the same action by the party injured as the person intoxicated may be liable to ; and such party injured, or his legal representatives, may bring either a joint and several action against the person intoxicated and the per- son or persons who furnished such liquor, or a separate action against either or any of them. Husband, 42. The husband, wife, parent, brother, sister, tutor,, notify s^'ierT guardian, or employer, of any person who has the habit of of liquor not drinking intoxicating liquor to excess, — or the parent, to any' person brother, or sister, of the husband or wife of such person, — or addicted under the twe next preced- ing sections. Forms in such cases. Application of penalties. obstruction to his admission thereto, shall be liable to a penalty of not less than ten nor more than fifty dollars for every snch oflPence : 2. Any two or more Justices of the Peace may grant such authorization to avail within any city, town, township, parish, or incorporated village, therein designated and being within the jurisdiction of such Justices, for any term of time therein specified, not exceeding three months : 3. The Justices of the Peace who granted such authoriza- tion, or any one or more of them, may at any time cancel the same, by a written order to that effect under their or his hand, delivered to such'police officer or constable ; and any police officer or constable acting or assuming to act under any authorization after the same has been so cancelled, shall be guilty of a misdemeanor. 46. Any person may be the informant or complainant in prosecuting under either of the last preceding two sections of this Act ; all proceedings shall be begun within thirty days irom the date of the oifence ; all informations,, com- plaints, or other necessary proceedings may be brought and heard before any one or more Justices of the Peace for the district, or county, or union of counties, wherein the offence or ofiences were committed or done ; the mode of procedure in, and the forms appended to, the Consolidated Statute of Canada respecting the duties of Justices of the Peace out of Sessions, in relation to summary convictions and orders, m.ay be followed as regards all such cases and proceedings ; and all penalties which may be recovered therein shall belong to the corporation of the city, town, township, parish, or incorporated village wherein the ofieuce was committed. PROVISIONS IRRESPECTIVE OF LOCAL PROHIBITION, AFFECTING ONLY LOWER CANADA. BUT Provision of 47. The second sub-section of the twenty-second section Stat. L.^c.""' °^ *^® ^^^ chaptered six of the Consolidated Statutes for repealed. Lower Canada, is hereby repealed. Terms of im- prisonment defined. Section 50 amended as to appeals under it. 48. It is hereby declared and enacted, that the several terms of imprisonment set forth in the thirty-eighth, thirty- ninth, and fortieth sections of the said last mentioned Act, are to be reckoned from the day of the arrival of the party as a prisoner at the gaol of the district. 4». The fiftieth section of the said last mentioned Act is hereby so amended, as to permit the appeal therein provided for, to be made either to the Court of General Quarter Sessions of the Peace as therein ordained, — or to the Circuit Court sitting in the county, or at the chef-lieu of the district, — as the Judge allowing such appeal may in his discretion 372 1864. Intoxicating Liquors. Chap. 18. 1^ see fit to order ; and thereupon the petition and record shall be returned, filed and otherwise dealt with accordingly, in the Court so'by him designated. INTERPRETATION, ETC. 50. The words "intoxicating liquor" or " intoxicating 'llntoxica- liquors " whenever they occur in this Act, shall be under- ^'"^ Uquors. stood to mean and comprehend all spirituous and malt liquors, all wines, and all combinations of liquors or drinks which are intoxicating. 51. The words "city," "town," and "incorporated village," ''City.",_ wherever they occur in this Act, shall be understood to mean " '^°'^^<'' ^'^■ and comprehend every city, town and village respectively, which by law is a ipunicipal corporation, whether so con- stituted by any special Act or otherwise, and the words " township " and "parish," wherever they occur in this Act, " Township."" shall be understood to mean and comprehend not only every " Parish." township or parish but also every part of a township or parish, which by law is a municipal corporation. 52. This Act may be cited as " The Temperance Act of Short title. 1864." 53. The Provincial Secretary shall cause a reasonable Distribution supply of copies of this A ct to be furnished, at the public ° charge, with all convenient despatch, to the Council of every municipality in this Province. (A. 1.) FORM OF REQUISITION THAT BY-LAW BE SUBMITTED, FOR APPROVAL, TO ELECTORS. The undersigned, qualified Municipal Electors of (desig- nate the municipality,) hereby require that any by-law which the Municipal Council thereof may pass under authority and for enforcement of the Temperance Act of 1864, at any time within one year from the date hereof, be submitted for approval to the Municipal Electors of the said municipality. Witness our hands, this day of in the year of Our Lord, one thousand eight hundred and (A. 2.) FORM OF REQUISITION FOR A POLL ON BY-LAW PROPOSED FOB ADOPTION TO ELECTORS. The undersigned, qualified Municipal Electors oi {designate the municipality,) hereby require that a poll be taken in terms of the Temperance Act of 1864, to determine whether 373 20 Chap. 18. Intoxicating Liquors. 2T-28 ViCT. or not the qualified Municipal Electors of the said munici- pality will adopt, under authority and for enforcement of the said Act, the by-law following, which we hereby pro- pose for their adoption, to wit : — The sale of intoxicating liquors and the issuing of licenses therefor, is by the present by-law prohibited within the {designate the municipality) under authority and for enforce- ment of the Temperance Act of 1864. Witness our hands, this day of in the year of Our Lord, one thousand eight hundred and (B. 1.) FORM OF CERTIFICATE OF APPROVAL OF BY-LAW BY ELECTORS. The foregoing by-law of the Municipal Council of {desig- nate the municipality,) having been submitted for approval, by order of the said Municipal Council, to the Municipal Electors of the said {designate the municipality,) has been by them duly approved, in terms of the Temperance Act of 1864. Witness my hand, this day of in the year of Our Lord, one thousand eight hundred and (B. 2.) FORM OF CERTIFICATE OF ADOPTION OF BY-LiW BY ELECTORS. The by-law proposed by the foregoing requisition, for adoption, to the Municipal Electors of the said {designate the municipality) has been by them duly adopted, in terms of the Temperance Act of 1864. Witness my hand, this day of in the year of Our Lord, one thousand eight hundred and ' form of compl.\int. Province of Canada, ) District {or as case may be) > A. B., {designate duly and suffi- of . ) cientJy the corporation or other prosecutor, as the case may require,) in behalf of Our Sovereign Lady the Queen, prosecutes C. D., of {designate duly and sufficiently the defendant,) and complains : That the said C. D., at (designate duly the municipality,) on {designate the time or times,) and at sundry times before or since, did {here state succinctly the offence charged,) contrary to the Temperance Act of 1864, then and there being fully in 374 1864. Intoxicating Liquors. Chap. 18. 21 force ; -whereby and by force of the said Act, the said 0. D. hath become liable to pay the sum of "Wherefore the said prosecutor prays that the said 0. D. be condemned to pay the said sum of , with costs. (D.) FORM OF SUMMONS. Province of Canada, ) To C. D., of {designate duly District (or as case may be) > and sufficiently the defendant.) of . ) You are hereby commanded to appear before (us or me, •as the case may be) the undersigned Justices of the Peace for the said District {or as the case may be,) at {name the place,) on the day of at the hour of in the noon, {if the summons be issued by two Justices and not by « Stipendiary Magistrate, Recorder, Judge of the Sessions of the Peace, or Police Magistrate, add here the words, or before such other Justices of the Peace for the said District, or as the case may be, as may then be there,) to answer to the matters charged against you by {designate the prosecutor,) who prosecutes you in Her Majesty s behalf, as the same are set forth in the complaint hereto annexed, — otherwise judgment will be given against you by default. Given under our {or my) hand and seal, this day of in the year of Our Lord one thousand eight hundred and , in the district {or as case may be) aforesaid. {Signatures and Seals.) CERTIFICATE OF SERVICE. I, the undersigned, E. F., of {designate duly the bailiff or ■other party certifying,) do hereby certify, upon my oath of office, that on the day of , I did serve the within stimmons, and the complaint thereto annexed, on the within named defendant, at the hour of of the clock in the noon, by leaving a true and certified copy of the said summons and of the said complaint at the domicile •of the said defendant, in the , speaking to {or, if the service was personal, by speaking to him and leav- ing with him a true and certified copy of the said summons andof the said complaint at .) {To be dated and signed in the ordinary manner. 375 22 Chap. 18. Intoxicating Liquors. 2t-28 VlCT> (E.) rOKM OF CONVICTION. Province of Canada. ) Be it remembered that on the District {or as case may > day of , in the year of Our- he) of . ) Lord one thousand eight hundred! and , at {designate the place where the conviction is had) in the said district {or as case may be), C. D., of {designate the defendant) is convicted before the undersigned, Gr. H., Es- quire, of {designating the official function of the party convicting, as the case may be) for that he the said C. D. did {state S'iccinctli/ the offence) and 1 {or we) adjudge the said 0. D. for his said offence, to forfeit and pay to {designate the prosecutor) the sum of , and also the further sum of for costs in this behalf. Griven under my {or our) hand and seal, the day and year first above mentioned. {Signature and Seal.) (R) FORM OF WARRANT OF DISTRESS. Province of Canada, ) G. A., Esquire, of {designa- District {or as case may > ting the official function of the party be) of ) issuing the warrant.) To any bailiff, constable or other officer of the Peace in and for the said district {or as case may be) : "Whereas C. D., of {designate the defendant,) hath been convicted before of having {state the offence), and for such offence adjudged to pay A. B. {designate the prosecutor) the sum of , and also the further sum of for costs in that behalf :=^ These are therefore to command you, and each of you, to distrain the goods and chattels of the said C. D., wheresoever they may be found within the said district {or as case may be), and thereon to levy the said penalty and costs, making together the sum of ; and if, within the space of four days next after such distress made, the said last men- tioned sum of , together with the reasonable charges of taking and keeping the said distress, are not paid, that then you do sell the said goods and chattels so by you distrained as aforesaid, and out of the money arising from such sale, that you do pay the said sum of unto the said A. B., refunding to the said C. D. the overplus, the reasonable charges of taking, keeping and selling the said distress being first deducted ; and you are to certify to me {or us) with the return of this warrant what you shall have done in the execution thereof. Herein fail not. 316 1864. Intoxicating Liquors Chap. 18. 23 Given under my {or our) liand and seal, this day of in the year of Our Lord one thousand eight hundred and , at in the district {or as case may be), aforesaid. {Signature and Seal.) (G. 1.) FORM OF WARRANT OF COMMITMENT, UNDER SECTION THIRTY OR THIRTY-ONE. Province OF Canada, ^ To all or any of the bailiffs. District {or as case may > constables and other ofhcers of he) of , ) the peace, in the District {or as case may be) of and to the keeper of the gaol of the same District {or as case may be.) "Whereas, &c. {as in the foregoing Form F, to the mark*) ; And whereas {state circumstances under which, in terms of section thirty or thirty-one, as case may be, the warrant is issued) ; These are therefore to command you the said bailiffs, constables or ofB.cers of the peace^ or any one of you, to take the said CD., and him safely convey to the gaol of the said district {or as case may be), and there deliver him to the said keeper thereof, together with this warrant ; and I {or we) do hereby command you the said keeper of the said gaol to receive the said C. D. into your custody in the said gaol, and to imprison him for the space of from the day of his arrival as a prisoner thereat, unless the said last mentioned sum of ,and all the costs of the commitment and conveying of the said C. D. to the said gaol, amounting to the further sum of , are sooner paid unto you the said keeper ; and for so doing, this shall be your sufficient warrant. Given, &c. {as in foregoing Form F.) (G. 2.) FORM OF warrant OF COMMITMENT, UNDER SECTION THIRTY-TWO. {As in foregoing Form, G. 1, to same mark*) ; And whereas afterwards, on the day of ,in the year , I {or as case may be) issued a warrant of distress for the levying of the said amount, together with the reason- able charges of the said distress ; And whereas {state circum- stances under which, in terms of section thirty-two the warrant is issued) ; These are therefore to command you the said bailiffs, constables or officers of the peace, or any one of you 377 24 Chap. 18, Intoxicating Liquors. 2*7-28 ViCT. to take the said CD., and him safely convey to the gaol of the said district (or as case map be,) and there deliver him to the said keeper thereof, together with this warrant ; and I (or we) do hereby command you the said keeper of the said gaol to receive the said CD. into your custody in the said gaol, and there to imprison him for the space of , from the day of his arrival as a prisoner thereat, unless the said last mentioned sum of and all the costs of the said distress, and of the commitment and conveying of the said CD. to the said gaol, amounting to the further sum of ,are sooner paid unto you the said keeper , and for so doing this shall be your sufficient warrant. Griven, &c. (as in foregoing Form G. 1.) (H.) FORM OF AUTHORIZATION UNDER SECTION FORTY-FIVE. Province of Canada. ) To J. S., of , District (or as case map > Police Officer (or Constable as, be) of . ) case may be.) You are hereby authorized, in terms of the Temperance Act of 1864, by us (or as case may be) of Her Majesty's Justices of the Peace, and within whose jurisdiction as such the city (or town or township, or parish, or incorporated village (as case may be) of (designate municipality within which authorization is to avail) is situate, at any time or times not exceeding {designate the term of time for which the authorization is granted not being more then three months) from this day, within the said city (or as case may be) to enter into any inn, tavern, or other house or place of public entertainment, or wherein refreshments or intoxicating liquors are sold or reputed to be sold whether legally or illegally. Given under our hands and seals this day of in the year of our Lord one ihousand eight hundred and OTTAWA : Printed by Brown Chamberlix, Law Printer to the Queen's Most Excellent Majesty. 378 27-28 VIC, CHAP. 68. An Act to change the tenure of the Indian lands in the Township of Dundee, in the County of Huntingdon. [Assented to SOth June, 1864 ] WHEEEAS the Township of Dundee in Lower Canada, Preamble, containing an area of eleven thousand one hundred and eighty-one acres of land, was set ' apart for the use and benefit of the Indians of the Tribe Iroquois of Saint Regis, at an early period of the Grovernment of Canada, as an Indian Eeservation ; and whereas the said Indians have, through their representatives appointed by Her Majesty's Grovern- ment, leased all their rights in such lands for fixed ground rents, and have given up possession of the same, after having so leased and conveyed them, and the parties to whom such lands were so conveyed have, at great expense, cleared the same, erected buildings thereon, and otherwise improved them, thereby greatly enhancing their value ; and whereas doubts have arisen respecting the legahty of the said leases or conveyances, and such doubts tend to obstruct the further improvement of such lands, and it is desirable, and for the interest of the said Indians as well as of the individuals holding such lands, and for the community generally, that all such doubts should be removed and the said Indians duly compensated, and that the purchasers and lessees should have the right of redemption of such lands : Therefore Her Majesty, by and with the advice and consent of the Legis- lative Council and Assembly of Canada, enacts as follows : 1« All leases, baux emphyteotiques, or baux a longues annees Leases made granted for a longer period than thirty years by the St. ufrda^y^con- Eegis Indians, or their representatives, of the said lands of finned, the Township of Dundee, which shall have been passed before the first day of March, one thousand eight hundred and sixty-four, and which at the time the same were executed, or prior to the date above mentioned, were approved by a recognized agent of the Indian Department, shall be con- sidered to have been legally made ; Provided always, that an ProTiso: as to annual ground rent of not less than at the rate of five dol- reserved rent lars for each lot of one hundred arpents, French measure, shall have been stipulated in favor of the said Indians. 379 Chap. 68. Indian Lands — Dundee. 21-28 Vict. Purchaser or lessee may redeem the rent and on •what terms. Proriso. Letters patent may issue for land so re- deemed : and when. Proviso : mines to be reserved. Accounts to be kept, &c. 2. Any purchaser ox lessee, or the heirs, representatives, assignee or assignees of any purchaser or lessee of any lot or part of a lot of the Indian lands in the Township of Dundee,- now in the possession of the same, may redeem the rent annually accruing upon such land or lot, or part of lot of land, under the leases mentioned in the preceding section of this Act, by paying to the Indian Department, in addition to any arrears that may be due, the capital represented by such rent at the rate of five per cent, which payment as to capital shall be made to the Commissioner of Crown Lands, as Super- intendent-Gi-eneral of Indian Affairs, who is hereby authorized to receive the same and grant a receipt therefor ; provided such redemption shall be made within five years after the passing of this Act ; and upon such redemption by the pay- ment aforesaid,and upon satisfactory evidence of survey being furnished to the Crown Lands Department, letters patent may be issued granting such lot or part of a lot of land in fee simple, and clear of all charges, in favor of the said Indians, to the person 'entitled to redeem and having redeemed the same, or his heirs, assigns or legal representatives; and such letters patent shall issue forth w^ith after such redemption, if the said lands shall have been then surren- dered to Her Majesty, for the purposes of this Act, by a deed, of surrender, executed by a majority of the Chiefs of the said Indians of the Tribe Iroquois of St. Regis, with the approval and to the satisfaction of the Grovernor Greneral in Council ; and if such surrender be not so made at the time of the said redemption, then the said letters, patent shall issue so soon thereafter as the said surrender shall have been executed ; Provided always, that in all su^h letters patent all mines of lead, tin, coal and copper and all mill sites shall be reserved by the Crown in trust for the said Indians of St. Regis. 3. The said Commissioner of Crown Lands, as Superin- tendent-Greneral of Indian Affairs, shall keep an account of all sums deposited in his hands, and shall pay over the interest thereon annually or semi-annually to the said Indians, in any way in which he may deem most beneficial to them. PubHc Act. 4. This Act shall be deemed a Public Act. OTTAWA : Printed by Brown Chamberun, Law Printer to the Queen's Most Excellent Majesty. 380 27-28 VIC, CHAP. 69. An Act to enable the Huron Indians of La Jeune Lo- rette, to regulate the cutting of wood in their Reserve. [Assented to SOth Jvne, 1864.] TV./'HEREAS continual depredations are committed by Preamble. VV Indians and others on the Reserve belonging to the Tribe of Huron Indians at Lorette,which is situated in the par- ish of St. Ambroise de la Jeune Lorette, and is commonly known as the Quarante Arpents, and whereas, with the view of securing to the families of the said Tribe a supply of fire- wood and timber for their ordinary requirements, it is neces- sary that the cutting of the standing timber thereon should be regulated by legislative enactment : Therefore Her Majesty, by and with the ad^ace and consent of the Legisla- tive Council and Assembly of Canada, enacts as follows : — !• Any person who shall cut any wood on the said Reserve '^^^^ s^^'i without the permission in writing of the Council of ^^rougM'^cut- Chiefs of the said tribe, as hereinafter prescribed, shall be t™g of wood, deemed to have cut the same wrongfully and shall be liable to a fine not exceeding eight dollars, and further be con- penalty, and demned to forfeit the value of the timber so cut ; and the said ^°^ applied. fine and forfeiture shall belong one half to the informer and the other to the Indian Fund, such fund to be specially applied to thfe maintenance of the said tribe. 2. Any person who shall purchase, from the said Indians Penalty on or others, any wood cut in the said Reserve, shall thereby Purchaser. incur the penalty imposed by the foregoing section. 3. Any person guilty of any of the offences above men- Recorery of tioned may be prosecuted before a Justice of the Peace on the P^^^'ti^^. complaint of any person whomsoever, and the said Justice may cause his judgment to be enforced by distress and sale of the movable eifects to the offender, and in default of movable property by imprisonment of the offender for a period not exceeding one month. 4. Any person who shall be prosecuted under this Act Onus of shall be bound to prove that he was entitled to cut wood in P'^°°*^- the said Reserve, if he pleads that he was so entitled. 381 2 Chap. 69. Huron Indians of La Jeune Lorette. 27-28 ViCT. Gouncji of 5. The more effectually to secure the carrying out of this make by-laws -^ct, it is enacted tha;t the Council of Chiefs of the Huron as to such Tribe of Lorette, shall be empowered to make by-laws, to be ^*"' ■ submitted for the approval of the Head of the Indian Department : — 1. For fixing the conditions .upon which the wood shall be cut and distributed ; 2. For granting to the said Indians permission, in writing, to cut wood in the said Keserve, indicating the quality and quantity of the wood required, and the place at which it is to be cut ; 3. For strictly and effectually carrying out the provisions of this Act. Public Act. 6. This Act shall be deemed a Public Act. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 882 28 VIC, CHAP. 6. An Act respecting the "Weighing, Measuring and Gaug- ing of certain Articles of General Consumption. [Assented to 18th March, 1865.] WHEREAS it is desirable to provide for the weighing, Preamble. measuring and gauging of certain articles of general consumption in this Province : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — BOARD OF EXAMINEES. !• At any time after the passing of this Act and during Appointment the year one thousand eight hundred and sixty-five, and ^^ bcTanis of* thereafter on such day annually as the Boards of Trade trade. hereinafter mentioned may respectively annually fix for that purpose, the Council of the Board of Trade for each of the cities of Quebec, Montreal, Toronto, Kingston, Hamilton and London, and of any other city in and for which there may then be a Board of Trade, shall appoint five skilful persons, resident in or in the immediate vicinity of the city for which they are appointed, to constitute the Board of Examiners of applicants for the office of Weigher, Measurer and Ganger, or Assistant Weigher, Measurer and Ganger, for the period of one year, to commence from such date as the said Boards of Trade respectively shall determine ; and each Examiner To take an shall, before acting as such, take the following oath of office °^^^^°f °ffi<=«- before the President or Vice-President of the Board of Trade for the place for which he is appointed : — " I, A. B., do swear that I will well and truly in all things The oath. " act as Examiner of applicants for the office of Weigher, " Measurer and Ganger, or Assistant Weigher, Measurer " and Ganger and as arbitrator under the Act respecting the " weighing, measuring and gauging of certain articles of " general consumption, without partiality, favor or affection, " and to the best of my knowledge and understanding. So " help me God " Which oath shall remain in the office and '^^'^'^^ to be custody of the Secretary of the Board of Trade. ^^*' 2. Any three of such examiners shall form a quorum of Quorum. the Board, and may do any act which the Board could legally do. 383 Chap. 6. Weighing, Measuring and Gauging. 28 ViCT. Examiners not remov- able. Vacancies, how filled. Oath of office. Examination of candidates. S. The said Examiners shall not be removable by the Council of the Board of Trade by -which they are appointed ; but in case of vacancy by the death or removal of any Ex- aminer beyond the inmaediate vicinity of the city for vfhich he is appointed, the Council of the Board of Trade may ap- point another in his stead, to hold office during the remain- der of the period for wrhich such deceased or removed examiner was appointed, and the person so appointed shall take the oath of office before the President or Vice-President of the Board of Trade, and such oath shall remain in the office and custody of the Secretary as aforesaid. 4. The Board of Examiners, or a quorum thereof, shall examine all applicants for the office of Weigher, Measurer and G-auger, or Assistant Weigher, Measurer and G-auger, and shall recommend to the Council of the Board of Trade, as eligible for appointment, those only v?hom they consider perfectly qualified for the office of Weigher, Measurer and G-auger, or -Assistant Weigher, Measurer and G-auger, as the case may be, distiDguishing for which of the said of&ces they consider the applicant as qualified. APPOINTMENT OF WEIGHERS, MEASITREKS AND OAtJGEES. Appointment of ■ ■ weigher, 5. The Council of the Board of Trade for each such city mea8urer''and as aforesaid shall appoint a Weigher, Measurer and G-auger, ganger. fox such city from among those certified to them by the Board of Examiners as qualified for the office. Weigher, measurer and ganger to be sworn. The oath. Where to be kept. 6- Every Weigher, Measurer and &auger, before he acts as such, shall take and subscribe an oath before the Presi- dent or Vice-President of the Board of Trade, in the words following : " I, A. B., do solemnly swear that I will faithfully, truly " and impartially, to the best of my judgment, skill and un- "derstanding, execute and perform the office and duty of " Weigher, Measurer and Ganger ; that I will not, directly " or indirectly, by myself or any other person or persons " whomsoever, trade or deal in any articles subject to "weight, or measurement or gauging under the Act re- " specting the weighing, measuring and gauging of certain " articles, according to the rules of the Board of Trade for " the time being, or be connected in any such trade during " the time I shall continue as such weigher, measurer and " ganger. So help me, God." And the said oath shall re- main ill the office and custody of the Secretary of the Board of Trade. ■ me^a^ur^^r and ''' ^®f'°'''® ^^7 Weigher, Measurer and G-auger shall act as gaugertogire such, he shall fumish two good and sufficient sureties, each security. of whom shall be bound jointly and severally with such Weigher, Measurer an4 G-auger for the due performance of 384 1865. Weighing, Measuring and Gauging. Ctiap. 6. 3 the duties of his office, in the sum of one thousand dollars ; and such sureties shall be subject to approval by the Presi- dent of the Board of Trade, to whom the penalty of the bond shall be made payable ; and the bofld shall remain in the Where the office of the Board of Trade and shall avail to all persons ^""^^ ^^^^ ^^ aggrieved by any breach of the conditions thereof. 8. Every "Weigher, Measurer and Ganger appointed under Appointment this Act shall appoint one or as many more assistants as the "^ asaiatanta. Council of the Board of Trade may from time to time direct, for the acts of which assistants he shall be responsible ; and all acts done by an AssistantWeigher,Measurer and Granger shall be held to be the acts of the Weigher, Measurer and Ganger who appointed him ; but each such assistant must, before They must be his appointment, have been examined and approved by the approTed and Board of Examiners, and shall take and subscribe the same ^^°'^''- form of oath, mutatis mutandis, as the Weigher, Measurer and Ganger appointed under this Act, before the President or Vice-President of the Board of Trade, and such oath shall remain in the office and custody of the Secretary of the Board of Trade. S>. The Assistant Weighers, Measurers and Gangers shall How paid, re- be paid by the Weigher, Measurer and Ganger, and shall ™°^^^' ^'^^ hold their office at his pleasure; and no such Weigher, Measurer and Ganger shall allow any person to act for him about the duties of his office, except his sworn assistant or assistants, appointed as aforesaid. lO. Every oath of office taken and bond given under this Oaths and Act shall be kept open to public inspection, and every person bonds to be shall be entitled to have communication or to have a copy public. of such any oath or bond, upon payment of twenty-five cents for such communication, and ten cents for any such copy. 11- The Council of the Board of Trade may remove any Removal of Weigher, Measurer or Ganger and appoint another, if it be weigher, satisfactorily shown to such Council that the duties of the ganger" ^""^ office are not properly performed. 12. Every Weigher, Measurer and Ganger, or assistant '"'eighers, to such, who, directly or indirectly, trades or deals in any of gangers noTto the articles mentioned in the oath in the sixth section of deal in eer- this Act, shall be forthwith removed from office. ^'"''^ '■''^''^^'- Penalty. DUTIES OF WEIGHERS, MEASTJEEKS AND GAUGERS. IS- The duties of every Weigher, Measurer and Ganger Their duties, appointed under this Act shall be to determine and certify ^^' the weight, measure or contents of all cargoes, packages, bales, chests, parcels, kegs, barrels, boxes, pieces or articles, the contents of which may be subjected to weighing, mea- 25 385 4 Chap. 6. Weighing, Measmng and Gauging. 28 ViCT. suring or gauging, under this Act, by virtue of the rules and regulations of the Board of Trade for the time being, and which may be submitted to him for such purpose, in con- formity to the standards hereinafter prescribed. Weigher, 14. The "Weigher, Measurer and G-auger shall proyide ^a^?8 ^"'^ himself with an office in some place in the city for which he office. is appointed, convenient for business, and shall keep a record of all articles weighed, measured or gauged by him, which shall be open to the public. Fees. 15. For every such weighing, measuring and gauging as aforesaid the persons requiring the same shall pay to the Weigher, Measurer and G-auger, the fees payable for the service performed, under the tariff made by the Board of Examiners, as hereinafter provided, and then in force. Certificate to !<»• As soon as any of the aforesaid articles have been so be furnished, -yvreighed, measured or gauged as aforesaid, a certificate thereof shall be furnished by the Weigher, Measurer and G-auger, or his assistant, without fee or reward, specifying the weight, measure or contents (as the case may be) of the cargo, package, bale, chest, parcel, keg, box, barrel, piece or article, so weighed, measured or gauged, and the tare, if any, and the charges for such weighing, measuring or gauging, and also specifying the marks and numbers, if any, on such package, bale, chest, parcel or barrel. Effect of cer- 17. Every such certificate as aforesaid shall be received «ficate. -j^ ^Y[ courts of justicc in this Province as primd facie evi- dence of the contents, measure, or weight of the articles to which the same refers. FEES, DISPUTES, ETC. Tariff of fees ^^' The Board of Examiners, or a quorum thereof, shall • to be made, make a tariff of fees for the several services which may be required of the Weigher, Measurer and Ganger under this Act, and may from time to time, as circilmstances may re- BuieB and quire, remodel And alter such tariff; and shall and may regulations, j^ajje and promulgate all necessary rules and regulations to be observed in carrying out the provisions of this Act, anfi shall from time to time regulate and ordain the articles to be subject to this Act, being articles of general use and con- sumption, and may from time to time alter, annul and amend such rules and regulations ; but such tariff of fees, rules and regulations shall nevertheless require the approval Examiners to of the Board of Trade before they take effect ; and the said hf di'^ites"'^ Board of Examiners shall be a Board of Arbitrators to decide all disputes arising between a Weigher, Measurer and G-auger and any party employing him, regarding the weight, meas- u're or contents of any articles submitted to him for such purpose. 886 1865. Weighing, Measuring and Gauging. Chap. 6. 5 19» If any dispute arises between a "Weigher, Measurer Proceedings and Gauger, or his assistant, and the owner and possessor of disputes! any articles submitted for weight, measurement or gauging, as to their weight, measurement, or contents, then, upon ap- plication by either of the parties to the Secretary of the Board of Trade, the said Secretary shall forthwith summon a meet- ing of the Board of Examiners, who shall immediately ex- amine such article and report their decision as to its weight, measurement, or contents, and such decision made in writ- ing shall be final and conclusive ; the parties against whom Costs. the, arbitrators decide shall pay all charges incurred about the arbitration, and the arbitrators shall fix the amount of such charges, and the "Weigher, Measurer and Granger shall, in his certificate conform to the decision of the Board of Arbitration. 20. Nothing in this Act shall oblige any person to cause Act not com- any articles mentioned in this Act, or subject thereto, to be P'^^'"^?- weighed, measured or gauged ; but if so weighed, measured or gauged, they shall be subject to the provisions of this Act. 21. The standards of weights and measures to be used standards. by any "Weigher, Measurer and Granger, or his assistant appointed under this Act, shall be in conformity with the provisions in that behalf of chapter fifty-three of the Con- solidated Statutes of Canada, chapter fifty-eight of the Con- solidated Statutes for Upper Canada, and chapter sixty-two of the Consolidated Statutes for Lower Canada. may no 22. In every city, town or village municipality in this Municipal Province wherein no Board of Trade may exist, it shall and actwhire may be lawful for the Municipal Council thereof, if they so board of determine, to exercise all the powers and privileges herein ^''^^^■ given and conferred on the Boards of Trade for the purposes of this Act. 23. Any person who shall, under this Act, submit for Penalty tor weight, measurement or gauging any barrel, cask, parcel, duirt^pack-' bale, package, chest, box, piece, or any other article, so made ages. and constructed as to mislead or deceive in the weight, measurement or gauging, according to the usual practice, or in the tare, if any, of such barrel, cask, parcel, bale, package, chest, box, piece, or article, shall be liable to a penalty of twenty dollars, to be recovered before any court having jurisdiction in civil cases to the amount of such penalty, by any person suing, as well in his own behalf as on behalf of Her Majesty ; and one moiety of such penalty shall belong Application to the Crown, for the uses of the Province, and the other °^ p^"''"^- moiety to the party suing for the same, unless the suit be 26i 387 Chap. 6. Weighing, Measuring and Gauging. 28 YlCT. brought, as it may be, on behalf of the Grown only, in which case the whole of the penalty shall belong to Her Majesty, for the uses aforesaid. OTTAWA : Printed by Beown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. §88 28 VIC, CHAP. 14. An Act to regulate the business of Stevedores and Liners in the Harbour of Montreal. [Assented to ISth March, 1865.] WHEREAS the fifty-second chapter of the Statutes of this Preamble. Province, passed in the twenty-sixth year of the Reign of Her present Majesty, provides for the appointment of a Port "Warden for the Harbour of Montreal ; and whereas to render such Act more beneficial, and to provide for the proper stowage, dunnage and lining of vessels which are by the said Act subjected to the inspection of the said Port "Warden, it is expedient to regulate the business of Stevedores and Liners exercising their calling in the Port and Harbour of Montreal ; Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — 1. The Port "Warden of the Harbour of Montreal may, Port Warden from time to time, give and grant to competent persons de- ™eTedores^or siring to exercise the calling of Stevedore or Liner, within liners. the Port and Harbour of Montreal, licenses or certificates to carry on either such calling within the limits aforesaid : Provided nevertheless, that every person to whom such li- cense or certificate is granted shall be considered by such Port Warden a fit person to be so licensed, and shall, on Party licensed being so licensed, sign an undertaking to abide by the takmgtcTob-" directions of the Port Warden for the time being in the serve orders of stowage, discharge, lining or dunnage of vessels within such ^°^^ Warden, limits as aforesaid. 2. For every license or certificate so granted as aforesaid, Fees on the Port Warden shall be entitled to demand and receive a licenses. fee to be fixed by the Board of Examiners under the said recited Act, such fee, however, not exceeding the sum of five dollars. 3- Every such license or certificate shall coatinue for the Duration of space of one year (unless revoked as hereinafter men- '°^°'^' tioned) ; and the said Port Warden shall keep in his office Register. a register of all persons for the time being holding such license or certificate, such register to be open to public inspection gratuitously. 389 board of examiners. 2 Chap, 14. Stevedores and Liners — Montreal. 28 VlCT, Eevocation or 4. The Said Port Warden may from time to time revoke iSeMeT" "^ ^^ and six, shall be printed with the copies of the said Code printed tbn^to be*""" for distribution as aforesaid. printed wiHi the Code. 9« So much of the Act cited in the Preamble as may be inconsistent inconsistent with this Act is hereby repealed. repeakd!"*^ TV ^ ^ ^ J . ^ OTTAWA : Print«d by Bbown CHAMBBELiif, Law Printer to the Queen's Most Excellent Majesty. ARTICLES OF THE CIVIL CODE BKOUGHT INTO FORCE ON FIRST AUGUST, ONE THOUSAND EIGHT HUNDRED AND SIXTY-SIX, BY PROCLAMATION DATED TWENTY-SIXTH MAY, ONE THOUSAND EIGHT HUN- DRED AND SIXTY-SIX, UNDER THE PROVISIONS OF THE ACT OF THE LATE PROVINCE OF CANADA, TWENTY-NINTH VICTORIA, CHAPTER FORTY-ONE. PRELIMINARY TITLE OF THE PROMULGATION, DISTRIBUTION, EFFECT, APPLICATION, INTERPRETATION AND EXECUTION OF THE LAWS IN GENERAL. 12. "When a law is doubtful or ambiguous, it is to be in- terpreted so as to fulfil the intention of the legislature, and to attain the object for which it was passed. ^' The preamble, which forms part of the Act, assists in ex- plaining it. 13. No one can by private agreement, validly contravene the laws of public order and good morals. 14. Prohibitive laws import nullity, although such nullity be not therein expressed. 15. The word " shall " is to be construed as imperative, and the word "may" as permissive. 16. Penalties, confiscations and fines incurred for contra- vontions of the laws are recoverable, unless it is otherwise specially provided, by ordinary process of law, in the name of Her Majesty, alone or jointly with another prosecutor, before any court having civil jurisdiction to the amount sought to be recovered, except only the Commissioners' Courts for the summary trial of small causes, which are prohibited from taking cognizance of these cases. 396 Civil Code of L. C. IT- The words, terms, expressions and enactments enu- merated in the following schedule wherever used in this code or in any act of the provincial legislature, have the meaning and application respectively assigned to them in such schedule, and are interpreted in the manner therein specified, unless there is some special enactment to the contrary. SCHEDULE. 1. Each of the expressions " Her Majesty," " the King," "the Sovereign," "the Queen," "the Crown," means the king or the queen, his or her heirs and successors, sovereigns of the United Kingdom of G-reat Britain and Ireland. 2. The words "imperial parliament" mean the parlia- ment of the United Kingdom of Great Britain and Ireland ; the words " imperial acts or statutes " mean the laws passed by that parliament, and the words "act" and "statute" whenever they are made use of in this code, without quali- fication, mean the acts and statutes of the parliament of Canada. By the words " provincial parliament " is understood the parliament of Canada, and the words " provincial acts or statutes " mean the laws passed by that parliament. 3. 'Ihe words "governor," "governor of this province," " Grovernor G-eneral," or " Grovernor in Chief," mean the governor, lieutenant-governor or the person administering the government of this province. 4. " Governor in Council," means the governor, lieuten- ant-governor, or the person administering the government, acting with the advice of the executive council of this prov- ince. 5. The word " proclamation " means proclamation under the great seal ; and by " great seal " the great seal of the province of Canada is understood. 6. " Lower Canada" means all that part of the province of Canada which, previously to the union, constituted the province of Lower Canada ; and "Upper Canada" that part which, at the same time, constituted the province of Upper Canada. 7. The words "The United Kingdom " mean the United Kingdom of Great Britain and Ireland ; and ''The United States," the United States of America. 8. The name commonly given to a country, place, body, corporation, society, ofiicer, functionary, person, party or thing, designates and means the country, place, body, cor- poration, society, ofiicer, functionary, person, party or thing thus named, without the necessity of more ample descrip- tion. 9. The masculine gender includes both sexes, unless it appears by the context that it is only applicable to one of them. 397 Civil Code of L. C. 10. The singular number extends to more than one per- son, or more than one thing of the same sort, whenever the context admits of such extension. '.^^^. '-::^ 11. The word "person" includes bodies politic and cor- porate, and extends to heirs and legal representatives, unless such meaning is contrary to law or inconsistent with the particular circumstances of the case. 12. The words "writing," "written," or terms of like im- port, include words printed or otherwise traced or copied. 13. The word " month " means a calendar month. 14. By " holidays " are understood the following days : — Sundays, New Year's Day, the Epiphany, the Annunciation, Grood Friday, the Ascension, Corpus-Christi, the festival of St. Peter and St. Paul, All Saints' Day, Christmas Day and any other day fixed by proclamation as a day of general fast or thanksgiving ; saving the special provisions established by the statutes concerning the collection of the revenue and the payment of bills of exchange and promissory notes. 15. The word " oath " includes the solemn afiB.Tmation which certain persons are permitted to make instead of an oath. 16. The word "magistrate" means a justice of the peace. "Two justices of the peace" means two or more justices sitting or acting together. When any thing is ordered to be done by or before a justice of the peace, magistrate, func- tionary or public officer, one is understood whose powers or jurisdiction extend to the place where such thing ought to be done. The authority given to do a thing, carries with it all the powers necessary for that purpose. IT. The right of nominating to an office or einployment carries with it that of removal. 18. The duties imposed and the powers conferred upon an officer or public functionary, in his official capacity, pass to his successor, and pertain to his deputy in so far as they are compatible with the charge of the latter. 19. "When an act is to be performed by more than two persons, it may be validly done by the majority of them, except in the cases otherwise specially provided. ' ' 20. The pound sterling is equivalent to the sum of [four dollars eighty-six cents and two-thirds, or one pound four shillings and four pence, currency. The " sovereign " is of like value. 21. By the terms " inhabitant of Lower Canada " is meant a person having his domicile in that part of the province. 22. The terms " acts of civil status " mean the entries made in the registers kept according to law, to establish births, marriages and burials. " Eegisters of civil status " are the books so kept and in which such acts are entered. " Officers of civil status " are those entrusted with the keeping of such registers. 398 Civil Code of L. C. 23. By "bankruptcy" is meant the condition of a trader who has discontinued his payments. 24. A fortuitous event is one which is unforeseen, and caused by superior force which it was impossible to resist. BOOK FIRST. OF PERSONS. TITLE FIRST. OF THE ENJOYMENT AND I,0S8 OF CIVIL RIGHTS. CHAPTEE FIEST. OF THE ENJOYMENT OF CIVIL RIGHTS. 18. Every British subject is, as regards the enjoyment of civil rights in Lower Canada, on the same footing as those born therein, saving the special rules relating to domicile. 19. The quality of British subject is acquired either by right of birth, or by operation of law. 20. A person born in any part of the British Empire, even of an alien, is a British subject by right of birth, as also is he whose father or grandfather by the father's side is a British subject, although he be himself born in a foreign country ; saving the exceptions resulting from special laws of the empire. 21. An alien becomes a British subject by operation of law, by conforming to the conditions the law prescribes. M, ^ J£, Mf M, TT TV- -Tt" TV* tT 23. An alien woman is naturalized by the mere fact of the marriage she contracts with a British subject. * * * * # CHAPTEE SECOND. OF THE LOSS OF CIVIL RIGHTS. 3<». A person civilly dead, J£. J^ ^ ^ w, T^ TV" TV T^ ^ 6. He is incapable of contracting a marriage that will pro- duce any civil effect. *r. Marriage previously contracted by him is dissolved for the future, in so far as regards its civil effects only ; the marriage tie subsists. *4£. J£> ^ .u. •TT •TV" -TT -TT 399 Civil Code of L. C. TITLE FOURTH. OF ABSENTEES. CHAPTEE FOTIETH. OF THE- EFFECTS OF ABSENCE IN RELATION TO MAREIAGE. 108. The presumptiojis of death, firising from absence, whatever be its duration, do not apply in the case of mar- riage ; the husband or wife of the absentee cannot marry again without producing positive proof of the death of such absentee. # # # * * TITLE FIFTH. OF MARRIAGE CHAPTER FIRST. OF THE QUALITIES AND CONDITIONS NECESSARY FOR CONTRACTING MARRIAGE. 115. A man cannot contract marriage before the full age of fourteen years, nor a woman before the full age of twelve years. 116. There is no marriage when there is no consent. 117. Impotency, natural or accidental, existing at the time of the marriage, renders it null ; but only if such impotency be apparent and manifest. This nullity cannot be invoked by any one but the party who has contracted with the impotent person, nor at any time after three years from the marriage. 118. A second marriage cannot be contracted before the dissolution of the first. 119. Children who have not reached the age of twenty- one years must obtain the consent of their father and mother before contracting marriage ; in case of disagreement, the consent of the father suffices. ^ 120. If one of them be dead or unable to express his will, the consent of the other suffices. 131. A natural child who has not reached the age of twenty-one years must be authorized, before contracting marriage, by a tutor ad hoc duly appointed for the purpose. 400 Civil Code of L. C. laa. If there be neither father nor mother, or if both be xinable to express their will, minor children, before contract- ing marriage, must obtain the consent of their tutor, or, in cases of emancipation, their curator, tvho is bound, before giving such consent, to take the advice of a family council, ■duly called to deliberate on the subject. 133. Eespectful requisitions to the father and mother are mo longer necessary. 134. In the direct line, marriage is prohibited between ascendants and descendants and between persons connected Tjy alliance, whether they are legitimate or natural. 133. In the collateral line, marriage is prohibited between brother and sister, legitimate or natural, and between those connected in the same degree by alliance, whether they are legitimate or natural. 136. Marriage is also prohibited between uncle and niece, aunt and nephew. 137. The other impediments recognized according to the different religious persuasions, as resulting from relationship or af&nity or from other causes, remain subject to the rules hitherto followed in the different churches and religious -communities. The right, likewise, of granting dispensations from such impediments appertains, as heretofore, to those who have hitherto enjoyed it. * * ^ # # 135. A marriage solemnized out of Lower Canada between two persons, either or both of whom are subject to its laws, is valid, if solemnized according to the formalities of the place where it is performed, provided that the parties did not go ihere with the intention of evading the law. CHAPTEE THIED. OF OPPOSITIONS TO MARRIAGE. 136. The solemnizing of a marriage may be opposed by any person already married to one of the parties intending to contract. 137. The marriage of a minor may be opposed by his father or, in default of the latter, by his mother. 138. In default of both father and mother, the tutor or, in cases of emancipation, the curator may also oppose the marriage of such minor ; but the court to which such oppo- .sition is submitted, cannot decide on its merits without the advice of a family council, which it must order to be called. 26 401 Civil Code of L. C. 139. If there be neither father nor mother, tutor nor cur- ator, or if the tutor or curator have consented to the mar- riage without taking the advice of a family council, the grandfathers and grandmothers, the uncles and aunts, and the cousins-german; who are of full age, may oppose the marriage of their minor relative ; but only in the two follow- ing cases : — 1. "When a family council, which, according to article 122, should have been consulted, has not been so ; 2. When the party to be married is insane. HO. "When opposition is made under the circumstances and by any of the persons mentioned in the preceding- article, if the minor have neither tutor nor curator, the oppo- sant is bound to cause one to be appointed ; if the minor have already a tutor or curator, who has consented to the marriage without consulting a family council, the opposant must cause a tutor ad hoc to be appointed ; in order that such tutor, curator, or tutor ad hoc may represent the interests of the minor in such opposition. 141. If a person about to be married, being of the age of majority, be insane, and not interdicted, the following per- sons may oppose the marriage, in the following order : 1. The father, and in his default, the mother ; 2. In default of both father and mother, the grandfathers and grandmothers ; 3. In default of the latter, the brothers or sisters, uncles or aunts, or cousins-german, of the age of majority ; 4. In default of all the above, those related or allied to such person who are qualified to take part in the meeting of a family council, which should be consulted as to the inter- diction. 143. When the opposition is founded on the insanity of the person about to be married, the opposant is bound to apply for the interdiction and to have it pronounced with- out delay. 143. Whatever may be the quality of the opposant^ it is his duty to adopt and follow up the formalities and pro- ceedings necessary to have his opposition brought before the court and decided within the legal delays, a demand for its dismissal not being required ; in default of his so doing, the opposition is regarded as never having been made, and the marriage ceremony is proceeded with not- withstanding. ^^"lC 144. The Code of Civil Procedure contains the rules as to the form, contents and notification of oppositions to mar- ria;5e, as well as those relative to the peremption mentioned in the preceding article, and to the other proceedings re- qui 'ed. 402 Civil Code of L. C. 145. The oppositions are brought before the court of original jurisdiction of the domicile of the party whose mar- riage is opposed, or of the place where the marriage is to be solemnized, or before a judge of such court. 146. Proceedings upon appeals frojn such judgments are summary and take precedence. 1 17. If the opposition be rejected, the opposants, other than the father and mother, may be condemned to pay costs, and are liable for damages according to circumstances. CHAPTER FOURTH. OF ACTIONS FOR ANNULLING MAERIAGE. 148. A marriage contracted without the free consent of both parties, or of one of them, can only be attacked by such parties themselves, or by the one whose consent was not free. When there is error as to the person, the marriage can only be attacked by the party led into error. 149. In the cases of the preceding article, the party who has continued cohabitation during six months after having acquired full liberty or become aware of the error, cannot seek the nullity of the marriage. " 150. A marriage contracted without the consent of the father or mother, tvitor or curator, or without the advice of a family council, in cases where such consent or advice was necessary, can only be attacked by those whose consent or advice wasTequired. 151. In the cases of articles 148 and 150, an action for an- nulling marriage cannot be brought by the husband or wife, tutor or curator, or by the relations whose consent is re- quired, if the marriage have been either expressly, or tacitly approved by those whose consent was necessary ; nor if six months have been allowed to elapse without complaint on their part since they became aware that the marriage had taken place. 152. Any marriage contracted in contravention of articles 124, 125 and 126, may be contested either by the parties themselves, or by any of those having an interest therein. 153. But a marriage contracted before the parties, or either of them, have attained the age required, can no longer be contested : — 1. When six months have elapsed since the party or parties have attained the proper age : 2. When the wife, under that age, has conceived before the termination of the six months. 26J 403 i) Civil Code of L. C. 154. The father, mother, tutor or curator, or the relations who have consented to the marriage, in the cases mentioned in the preceding article, are not allowed to seek the nullity of such marriage. 155. In the cases referred to in article 152, where the action for annulling the marriage belongs to all those inter- ested, the interest must be existing and actual, to permit the exercise of the right of action by the grandparents, collateral relatives, children born of another marriage, and third persons. 156. Every marriage which has not been contracted openly, nor solemnized before a competent officer, may be contested by the parties themselves and by all those who have an existing and actual interest, saving the right of the court to decide according to the circumstances. -7r TT tF ^t * CHAPTEE SEVENTH. OF THE DISSOLUTION OF MARKIAGE. 1S5. Marriage can only be dissolved by the natural death of one of the parties ; while both live it is indissolu- ble. ^ M, ,>£. M, M, ■TT TV" -Jr Tf- TT TITLE SIXTH. OF SEPARATION FROM BED AND BOARD. CHAPTER FOURTH. OF THE EFFECTS OF SEPARATION FROM BED AND BOARD. 206. Separation '^from bed and board, from whatever cause it arises, does^not dissolve the marriage tie ; neither husband nor wife,?therefore, can contract a new marriage while both are living. ^ # * * 4f: TITLE ELEVENTH. OF CORPORATIONS. CHAPTER SECOND. OF THE EIGHTS, PRIVILEGES AND DISABILITIES OF CORPORATIONS. 367. All corporations are prohibited from carrying on the business of banking unless they have been specially au- thorized to do so by their title of creation. * * # * * 404 Civil Code of L. C. 10 CHAPTEE THIED. OF THE DISSOLUTION OF CORPORATIONS AND THE LIQUIDA- TION OF THEIR AFFAIRS. JJ69. [Ecclesiastical and secular corporations of a public nature, other than those formed for the mutual assistance of their members, cannot be dissolved by mutual consent without a formal and legal surrender or the authority of the legislature, as the case may be.] The same rule applies to banks, to railway, canal, telegraph, toll-bridge, and turnpike companies, and generally to private corporations who have obtained privileges which are exclu- sive or exceed those resulting by law from incorporation. #1 ^ 4t -itf ^t TT TT •JP ■TT BOOK SECOND. OF PROPERTY, OF OWNERSHIP AND OF ITS DIFFERENT MODIFICATIONS. TITLE FiRbT OF THE DISTINCTION OF THINGS CHAPTEE THIED. OF PROPERTY IN ITS RELATIONS WITH THOSE TO WHOM IT BELONGS OR WHO POSSESS IT. 400. Eoads and public ways maintained by the state' navigable and floatable rivers and streams and their banks, the sea-shore, lands reclaimed from the sea, ports, har- bors and roadsteads and generally all those portions of terri- tory which do not constitute private property, are considered as being dependencies of the crown domain. ^ J^ ^ A^ AT, TV- 5/?^ ^ ^ =}f 403. The gates, walls, ditches and ramparts of military places and of fortresses also belong to the crown. 403. The same rule applies to the lands, fortifications and ramparts of places which are no longer used for mili- tary purposes ; they belong to the crown, if they have not been validly alienated. •i^ -^ -iU -U^ .St, TV -TT TV Tf ^ BOOK THIRD. OF THE ACQUISITION AND EXERCISE OF RIGHTS OF PROPERTY. 593. [Things found on the ground, on the public highways or elsewhere, even on the property of others, or which are other- wise without a known owner, are, in many cases, subject to special laws, as to the public notices to be given, the otvner's 405 11 Civil Code of L. C. right to claim them, the indemnification of the finder, their sale, and the appropriation of their price. In the absence of such provisions, the owner who has not volun- tarily abandoned them, may claim them in the ordinary manner, subject to the payment, when due, of an indemnity to the person who found and preserved them; if they be not claimed, they belong to such person by right of occupancy. Unnavigable rivers are, for the purposes of this article, con- sidered as places on land. ] 594. Among the things subject to the special provisions mentioned in the preceding article are : ^ ^ ^ ^ M, TV- -TT TT TT TT 2. Unclaimed goods in the hands of wharfingers, ware- house-keepers, and carriers either by land or by w^ater ; 3. Articles remaining in the post-office with dead letters ; 4. Things suspected to have been stolen, remaining in the hands of officers of justice. ^ ^ M, .xf, M, -Jf •JS" -TT ^ -7P TITLE SECOND. OF GIFTS INTER VIVOS AND BY WILL. CHAPTER SECOND. OF GIFTS INTER VIVOS. 803. If at the time of the gift, and deduction being made of the things given, the donor were insolvent, the previous creditors, whether their claims are hypothecary or not, may obtain the revocation of the gift, even though the donee were ignorant of the insolvency. In the case of insolvent traders, gifts made by them within three months previous to the assignment, or the writ of attachment in compulsory liquidation, are voidable, as pre- sumed to be frajidulent. * * # * # TITLE FIFTH. OF SALE CHAPTER NINTH. OF THE SALE OF REGISTERED VESSELS. 1569. Special provisions concerning the sale of registered ships or vessels are contained in the fourth book of this code in the title Of Merchant Shipping. * # * * -^ 406 Civil Code of L. C. 12 CHAPTEE TENTH. OF THE SALE OF DEBTS AND OTHER INCORPOREAL THINGS. 1573. The two last preceding articles do not apply to bills, notes or bank checks payable to order or to bearey^ no signification of the transfer of them being necessary ; nor to debentures for the payment of money, nor to trans- fers of shares in the capital stock of incorporated com- panies, which are regulated by the respective acts of incorporation or the by-laws of such companies. Notes for the delivery of grain or other things, or for the payment of money, and payable to order or to bearer, may be transferred by endorsement or delivery, without notice, whether they are payable absolutely or subject to a condition. ■^ -i^ -iU J£. M, i^ ^ ^ ^ ^ TITLE SEVENTH, OF LEASE AND HIRE. CHAPTER THIRD. OF THE LEASE AND HIKE OF WORK. 1676. Notice by carriers of special conditions limiting their liability, is binding only upon persons to whom it is made known ; and notwithstanding such notice and the knowledge thereof, carriers are liable whenever it is proved that the damage is caused by their fault or the fault of those for whom they are responsible. ^ ^ ^ ^ ^ 1678. If by reason of a fortuitous event, or irresistible force, the transportation and delivery of the thing be not made within the stipulated term, the carrier is not liable in damages for the delay. 1679. The carrier has a right to retain the thing trans- ported until he is paid for the carriage or freight of it. 1680. The reception of the thing transported and pay- ment of the carriage or freight, without protest, extinguish all right of action against the carrier ; unless the loss or ■damage is such that it could not then be known, in which case the claim must be made without delay after the loss or ■damage becomes known to the claimant. 1681. The conveyance of persons and things by railway is subject to certain special rules, provided in the Act respect- ing Railways. 1682. Special rules relating to the contract of 'affreight- ment and the conveyance of passengers in merchant vessels are contained in the fourth book. ***** 40'7 iZ Civil Code of L. C. TITLE NINTH. OF LOAN. CHAPTER THIRD. OlF LOAN UPON IJSTEKEST. ITSS. Interest upon, loans is either legal or conventional.. The rate of legal interest is fixed by law at six per cent- yearly. The rate of conventional interest may be fixed by agree- ment between the parties, with the exception : — 1. Of certain corporations mentioned in the act intituled : An Act respectinsc interest, which cannot receive more than^ the legal rate of six per cent. ; 2. Of certain other corporations which are limited as tO' the rate of interest by special acts ; 3. Of banks which cannot receive more than scA'^en per cent. * * * # * TITLE ELEVENTH. OF PARTNERSHIP. CHAPTER FOURTH. OF THE DIFFERENT KINDS' OF . PARTNERSHIPS. 1886. In case of the insolvency or bankruptcy of the- partnership, no special partner is allowed, under any circum- stances, to claim as a creditor, until the claims of all thfr other creditors of the partnership have been satisfied. * # * * # TITLE SEVENTEENTH. OF PRIVILEGES AND HYPOTHECS. CHAPTER SECOND. or PRIVILEGES 1989. The crown has certain rights and privileges result- ing from the laws relating to customs, and from other pro- visions contained in special statutes concerning matters of public administration. * * * # * 1998. The unpaid vendor of a thing has two privileged rights : 1. A right to revendicate it ; 2. A right of preference lapon its price. 408 Civil Code of L. C. 14 In the case of insolvent traders, these rights must be exeicised within fifteen days after the sale. 1999. The right to revendicate is subject to four condi- tions : 1. The sale must not have been made on credit ; 2. The thing must still be entire and in the same condi- tion ; 3. The thing must not have passed into the hands of a third party who has paid for it ; 4. It must be exercised within eight days after the delivery ; saving the provision concerning insolvent traders contained in the last preceding article. ^ ^ j^ ^ ^ TT 'TT TT Tt* TT 2007. The privileges upon ships, upon their cargo and their freight, are declared in the title Of Merchant Shipping. #3k 4t 4^ •^ "TT TT "JS" ^ CHAPTER THIRD. OF HYPOTHECS. 3023. Moveables are not susceptible of hypothecation ; except as provided in the titles Of Merchant Shipping and Of Bottomry and Respondentia. j^ ^ ^ j^ .&t ■TT Tt" -TT 'TV' -7ft OF LEGAL HYPOTHEC. [2024. The only rights and claims to which legal hypothec is attached, under the restrictions hereinafter mentioned, are declared in paragraphs one, two, three and four of this section. 2025. Legal hypothec either affects all the immoveables generally, or is limited to some of them only. . 2026. Legal hypothec affects such immoveables only as belong to the debtor and are described in a notice filed and re- gistered, as prescribed in the title " Of Registration of Real Rights." 2027. Creditors who acquired a legal hypothec before the thirly-first day of December, one thousand eight hundred and forty-one, may nevertheless exercise it upon all the immoveable property held by the debtor at or since the time of the acquisi- tion of such hypothee-. 2028. Legal hypothecs anterior to the first day of Septem- ber, one thousand eight hundred and sixty, are governed by the laws in force ivhen they were created.] ^ •vr T? ^ ^ 409 15 Givil Code of L. C. § 3. Legal hypothec of the Crown. S032. The legal hypothec of the crowu in cases where it exists, is, like legal hypothec in general, subject to the preliminary provisions of this section. * , * * * * TITLE EIGHTEENTH. OF REGISTRATION OF REAL EIGHTS. OHAPTEE FIRST. GENERAL PROVISIONS. 2090. The registration of a title conferring real rights in or upon the immoveable property of a person, made within the thirty days previous to his bankruptcy, is without effect ; saving the case in which the delay given for the registra- tion of such title, as mentioned in the following chapter, has not yet expired. w TT =7r TT CHAPTER FIFTH. OF THE CANCELLING OF REGISTRATIONS OF REAL RIGHTS. S131. The consent to the cancelling and the acquittance or certificate of discharge may be in authentic form or under private signature. When under private signature they must be attested by two witnesses, and cannot be received by the registrar unless they are accompanied by an affidavit of one of such witnesses sworn to before one of the functionaries men- tioned in articles 2141, 2142, 2143 and 2144, as the case requires, and establishing that the money has been paid, in whole or in part, and that such acquittance, certificate of discharge, or consent to the cancelling was signed in the presence of such witness by the party granting it. The discharge of any hypothec in favour of the Crown may be entered in the margin against the registry of such hypothec upon the production of a copy : — 1. Of an Order of the Grovernor in Council, certified by the clerk of the Executive Council or his deputy ; 2. Or of a certificate of Her Majesty's attorney-general or solicitor-general for Lower Canada, stating that such hypothec is discharged in whole or in part. The discharge of any hypothec securing a life-rent is entered on the margin upon production of the certificate of death of the person on whose life the rent is created, accom- panied by an afiidavit identifying such person, and such 410 Civil Code of L. C. 16 affidavit may be received and certified by one of the func- tionaries mentioned in articles 2141, 2142, 2143 and 2144, as the case requires. TITLE NINETEENTH. OF PKESCRIPTION. CHAPTER FOURTH. OF CERTAIN THINGS IMPRESCRIPTIBLE AND OF PRIVILEGED PRESCRIPTIONS. 3211. The Grown may avail itself of prescription. The subject may interrupt such prescription by means of a peti- tion of right, apart from the cases in w^hich the law gives another remedy. Among privileged persons, the privilege takes effect in the matter of prescription. 3313. The rights of the Crown with regard to sovereignty and allegiance are imprescriptible. 3313. Sea-beaches and lands reclaimed from the sea» ports, navigable or floatable rivers, their banks and the wharves, works and roads connected with them, public lands, and generally all immoveable property and real rights forming part of the domain of the Crown are imprescriptible. 3314. The rights of the Crown to the principal of rents, dues and revenues owing and payable to it, and to the cap- ital sums accruing from the alienation or from the use of crown property, are also imprescriptible. 2215. All arrears of rents, dues, interest and revenues, and all debts and rights, belonging to the Crown, not de- clared to be imprescriptible by the preceding articles, are prescribed by thirty years. Subsequent purchasers of immoveable property charged therewith cannot be liberated by any shorter period. 2216. Property escheated to the Crown, by failure of heirs, bastardy or forfeiture, is not considered as incorpo- rated or assimilated to the Crown domain for purposes of prescription until a declaration to that effect is made, or until after ten years of enjoyment and actual possession, in the name of the Crown, of the totality of the rights thus escheated in the particular case. Until such incorporation or assimilation, such property continues to be subject to the ordinary prescriptions. ^ * * * * 411 11 Civil Code of L. C. BOOK FOURTH. COMMERCIAL LAW. TITLE FIRST. OF BILLS OF EXCHANGE, NOTES AND CHEQI/ES. CHAPTER FIEST. OF BILLS OF EXCHANGE. SECTION I. OF THE NATURE AND REQUISITES OF BILLS OF EXCHANGE. 3379. A bill of exchange is a written order by one per- son to another for the payment of money absolutely and at all events. 3380. It is essential to a bill of exchange, That it be in writing and contain the signature or name of the drawer ; That it be for the payment of a specific sum of money only ; That it be payable at all events without any condition. 3S81. The parties to a bill of exchange at the time of making it are the drawer of the bill and the payee. The drawee becomes a party by acceptance and is then called the acceptor. Indorsers, warrantors upon the face of the bill, the person requested to pay au besoin who accepts, acceptors supra protest and holders also become parties. 3SS3. A bill of exchange may be made payable either to a certain person by name or other sufficient indication, or to such person or his order, or to the order of the drawer, or to bearer. If the name of the payee be left in blank the legal holder of the bill may fill up the blank. S383. If no time be specified in the bill for its payment it is held to be payable on demand ; if no place be speci- fied it is payable generally. 2284* Foreign bills of exchange are usually drawn in sets of several parts, all of which ,the drawer is bound to deliver to th* payee. 412 Civil Code of L. C. 18 22S5. "When a bill contains the words " value received," value for the amount of it is presumed to have been received on the bill and upon the indorsements thereon. The omis- sion of these vfords does not render the bill invalid. SECTION II. OF THE NEGOTIATION OF BILLS OF EXCHANGE. S286. Bills of exchange payable to order are transferred by indorsement, which may be either in full or in blank. When indorsed in blank, they become transferable by deliv- ery. Bills payable to bearer are transferable by delivery either with or without endorsement. 2287. The transfer of a bill by indorsement may be made either before or after it becomes due. In the former case the holder acquires a perfect title free from all liabili- ties and objections which any parties may have had against it in the hands of the indorser ; in the latter case the bill is subject to such liabilities and objections, in the same manner as if it were in the hands of the previous holder. 2288. An indorsement may be restrictiA'^e, qualified or conditional, and the rights of the holder under such in- dorsement are regulated accordingly. But no indorsement other than that by the payee can stop the negotiability of the bill. 4 2289. The holder may, at his option, strike out the last indorsement, although it be in full, and any prior indorse- ment in blank subsequent to that of the payee. SECTION III. OF ACCEPTANCE. 2290. Bills of exchange payable at sight, or at a certain jjeriod of time after sight or after demand, must be pre- sented for acceptance. The presentment is made by the holder, or in his behalf, to the drawee or his representative, at his domicile or place of business, or if the drawee be dead or cannot be found, and is not represented, presentment is made at his last known domicile or place of business. If there be also a drawee au besoin, presentment is made to him in like manner. 2291. Presentment for acceptance when necessary must be made within a reasonable time from the making of the bill according to the usage of trade and the discretion of the courts. 413 19 Civil Code of L. C. 3393. The acceptance must be iu writing upon the bill or upon one of the parts of the bill. 3393. The acceptance must be absolute and uncon- ditional, but if the holder consent to a conditional or quali- fied acceptance the acceptor is bound by it. 3394. The eiFect of acceptance is to oblige the acceptor to pay the bill to the holder according to its tenor. The signature of the drawer is admitted by the accept- ance and cannot afterwards be denied by the acceptor against a holder in good faith. 3395. When a bill has been accepted and delivered to the holder the acceptance cannot be cancelled otherwise than by the consent of all the parties to the bill. 3396. When a bill has been protested for non-acceptance or for non-payment it may with the consent of the holder be accepted by a third person for the honor of the parties to it or of any of them. Such acceptance benefits the parties only who are subsequent to the one for whose honor it is made. 3397. An acceptor supra protest is bound to give notice of his acceptance without delay to the party for whose honor he accepts and to other parties who may be liable to him on the bill. ) • SECTION IV. OF NOTING AND PKOTEST FOK NON-ACCEPTANCE. 3398. Whenever acceptance of a bill of exchange is refused by the drawee the bill may be forthwith protested for non-acceptance, and after due notice of such protest to the parties liable upon it, the holder may demand immediate payment of it from such parties in the same manner as if the bill had become due and had been protested for non- payment. The holder is not bound afterwards to present the bill for payment, or, if it l^e so presented, to give notice of the dis- honor. 3399. The holder of any bill of exchange, instead of pro- testing upon the refusal to accept, may at his option cause it to be noted for non-acceptance, by a duly qualified notary^ such noting to be made underneath or to be endorsed upon a copy of the bill and kept upon record by the officiating notary. 3300. When a bill which has been noted for non-accept- ance, as provided in the last preceding article, is afterwards 414 Civil Code of L. C. 20 protested for non-payment, a protest for non-acceptance need not be extended, but the noting, with the date thereof and the name of the notary* by whom the same was made, must be stated in the protest for non-payment. 2301. Upon every bill noted or protested for non- acceptance, the words "noted for non-acceptance," or "pro- tested for non-acceptance," as the case may be, together with the date of noting or protesting, and his fees and charges must be written or stamped by the officiating notary, and subscribed by him with his name or initials as such notaiy. 2S02. "When a bill is noted for non-acceptance the holder is not bound to give notice of the same in order to hold any party liable thereon. But whenever a bill so noted is after- wards protested for non-payment, the notice of such protest must contain a notice of the previous noting for non- acceptance. 2303. The noting and protesting of bills of exchange for non-acceptance and the giving notice thereof, are done by the ministry of a single public notary without witnesses, in the manner and according to the forms prescribed by the act intituled : An, Act respecting bills of exchange and promis- iory notes. 2304. In case there is no notary in the place, or he is unable or refuses to act, any justice of the peace in Lower Canada may make such noting and protest and give notice thereof in the same manner, and his acts in that behalf have the same effect as if done by a notary ; but such justice must set forth in the protest, the reasons why the same was not made by the ministry of a notary. 2305. The duplicate protest and notice, with the certifi- cate of service, and all copies thereof attested by the signa- tures of the notary or the justice of the peace, as the case may be, are primd facie evidence. SECTION V. OF PAYMENT. 3306. Every bill of exchange must be presented by the holder, or in his behalf, to the drawee or acceptor for pay- ment, on the afternoon of the third day after the day it becomes due, or after presentment for acceptance, if drawn at sight ; unless such third day falls upon a legal holiday, in which case the next day thereafter not being a legal holiday is the last day of grace. If the bill be payable at a bank, presentment may be made there either within or after the usual hours of banking. 415 21 Civil Code of L. C. If the bill be unaccepted and tbere be a drawee au besoin, presentment must be made in like manner to him also. 2307. If a bill of exchange be made payable at any stated place, either by its original tenor or by a qualified acceptance, presentment must be made at such place. 230S. If the bill be payable generally, presentment is made to the drawee or acceptor, as the case may be, either personally, or at his residence, or office, or usual place of business ; or if by reason of his absence and not having any known residence, or office, or place of business, or of his death, such presentment cannot be so made, it may be made at his last known residence, or office, or usual place of busi- ness, where the acceptance, or, if there be no acceptance, where the bill bears date, 2309. If a bill payable generally be accepted before and become due after the appointment duly notified of an assignee to the estate of the acceptor, in the case of an insolvent trader, presentment for payment may be made either to the insolvent or to the assignee personally, or at the residence, or office, or usual place of business of either of them. 2310. The acceptor, drawer and endorsers of a bill of exchange are jointly and severally liable to the holder for the payment of it. The liability of the drawer and endorsers and also of acceptors supra protest, is subject to the rules concerning protest and notice herein contained. 3311. A third person who becomes warrantor on a bill of exchange, is liable in the same manner and to the same extent as the person in whose behalf he so becomes war- rantor. He is bound by the diligence which binds his principal, and is not entitled to any notice of protest apart from the latter. 2313. The obligation of the acceptor to pay the bill is primary and unconditional, and legal payment by him dis- charges the bill, with respect to all the parties, unless he is an acceptor for honor, in which case he is substituted in the place of the party for whose honor he accepts and has his recourse against such party also. The rule above declared is without prejudice to the rights of an acceptor against the party for whose accommodation he has accepted. 2313. Payment by the drawer of an unaccepted bill fin- ally discharges it. If it be accepted he is entitled to recover 416 Civil Code of L. C. 22 from the acceptor, unless the acceptance is for his accom- modation. 2314. Payment by an indorser entitles him to recover from the acceptor and drawer and all the iudorsers prior to himself ; saving the rights of the acceptor for his accom- modation. 3S15. Payment of a bill must be made upon that part of the set upon which the name of the party paying appears, and such part should be delivered to him, otherwise he will not be discharged from his liability to innocent holders of .such part of the bill. 3316. Payment of a lost bill of exchange may be recov- ered upon the holder making due proof of the loss, and also, if the bill be negotiable, on giving security to the parties liable, according to the discretion of tlie court. 2317. Payment may be made of a bill of exchange after protest, by a third person for the honor of any party to it, and the person so paying has his recourse against the party for whom he pays and against all those liable to such party on the bill. If the person paying do not declare for whose honor he pays, he has his recourse against all the parties upon the bill. 23! 8. Payment of a bill must include the full amount of it with interest from the last day oi grace and all expenses of noting, protest and notices legally incurred upon it, with -damages in the cases hereinafter stated. SECTION VI. OF PROTEST FOR NON-PAYMENT. 3319. Bills of exchange after presentment for payment, as provided in the fifth section of this chapter, if not then paid, are protested for non-payment, in the afternoon of the last day of grace. The protest is held to have been made in the afternoon of the day on which it bears date unless the contrary ap- pears on the face of it. 3330. Protests for non-payment are inade by the minis- try of the same persons and in the same manner and form as protests for non-acceptance, and are subject to the same rules of proof If the bill have been noted for non-acceptance it must be so stated in the protest for non-payment, as declared in article 2300. 27 417 23 Civil Code of L. C. 3321. Bills drawn abroad Tipon any person in Lower Canada, or payable or accepted at any place therein, are subject, as to all parties therein resident and liable on such bills, to the rules contained in this title with respect to the days of grace and the noting and protesting of bills for non- acceptance and for non-payment, and the notification and service of protests, and also with respect to commission and interest. 2S22. In default of protest for non-payment, according to the articles of this section, and of notice thereof, as pro- vided in the section next following, the parties liable on the bill other than the acceptor are discharged, subject never- theless to the exceptions contained in the two following articles. 2S'2S- The drawer cannot avail himself of the want of protest or notice, unless he proves that provision was duly made by him for the payment of the bill. S334. The want of protest and notice is excused when they are rendered impossible by inevitable accident or irre- sistible force. They may also be waived by any party to the bill, in so far as his rights only are concerned. 2335. Want of protest and notice is not excused by the loss of the bill, or by the death or bankruptcy of the drawee or of the party entitled to notice. SECTION VII. OF NOTICE OF PROTEST. 3326. Kotice of protest for non-acceptance or for non- payment is given at the instance of the holder, or of any party liable on the bill who has received notice, and who, on paying, will be entitled to recover from other parties upon the bill. 3337. The notice is given by the notary or justice of the peace by whom the protest is made, and such notice, to- gether with the certificate of service thereof, is in the form prescribed in the act intituled : An Act respecting bilh of exchange and promissory notes. 333S. The notice is given to the party entitled thereto personally, or at his residence, or ofiice, or usual place of business, and in case of death or absence, at his last residence, office, or place of business ; or the notice, directed to the party, may be deposited in the nearest post-office communi- cating with his actual or last residence, office, or place of business as aforesaid, as the case may be ; the postage being prepaid. 418 Civil Code of L. C. 24 3339. In the case of an insolvent trader the notice may- be given as provided in the last preceding article, or to the assignee of the insolvent estate, provided the bill were drawn or endorsed by the insolvent before the assignment, or the attachment in compulsory liquidation. S330. Service of the notice of protest, whether for non- acceptance or for non-payment may be made at any time within three days next after the day on which the bill is protested. 3331. The party notified is bound to give notice, within a reasonable delay, to any parties to the bill whom he in- tends to hold liable upon it, other than the acceptor. SECTION VIII. OF INTEREST, COMMISSIOX AND DAMAGES. 2333. The amount of interest which may lawfully be paid upon the principal sum of a bill of exchange, for the discount thereof, may be taken at the time of discounting. 3333. Any person who discounts or receives a bill of ex- change payable in Lower Canada, at a distance from the place where it is discounted or received, may take or recover, besides interest, a commission sufficient to defray the ex- penses of agency and exchange in collecting the bill. Such commission not in any case to exceed one per cent, on the amount of the bill. ■»< This article does not apply to banks, which are subject to the provisions contained in the next following article. 2334. Banks in this province discounting bills of ex- change may receive, for defraying the expenses attending their collection, a commission on the amount according to the rates and in the manner prescribed in the act intituled An Act respecting interest. 2335. Bills drawn for an usurious consideration are not void in the hands of an innocent holder for valid considera^ tion. 2336. Bills of exchange drawn, sold, or negotiated withirt Lower Canada, which are returned under protest for non- payment, are subject to ten per cent, damages if drawn upon persons in Europe, or the "West Indies, or in any part of America, not within the territory of the United States or British North America. If drawn upon persons in Upper Canada, or in any other of the British North American Colonies, or in the United States, and returned as aforesaid, they are subject to four per cent, damages. 27J 419 25 Civil Code of L. C. With interest, at six per cent, in each case from the date of the protest. 2337. The amount of damages and interest specified in the last preceding article is reimbursed to the holder of the bill at the current rate of exchange of the day when the protest is produced and repayment demanded ; the holder being entitled to recover so much money as will be suffi- cient to purchase another bill drawn on the same place and at the same term for a like amount, together with the damages and interest and also the expenses of noting and protesting and of postages thereon. 3338. "When notice of the protest of a bill returned for non-payment is given by the holder thereof to any party secondarily liable upon it, in person or by writing delivered to a grown person at his counting-house, or dwelling-house, and they disagree as to the rate of exchange, the holder and the party notified appoint each an arbitrator to determine the rate ; these in case of disagreement appoint a third, and the decision of any two of them given in writing to the holder is conclusive as to the rate of exchange, and regu- lates the sum to be paid accordingly. 233f>. If either the holder or the party notified, as pro- vided in the last preceding article, fail, for the space of forty-eight hours after the notification, to name an arbitrator on his behalf, the decision of the single arbitrator on the other part is conclusive. SECTION IX. GENEKAL PROVISIONS. 2340. In all matters relating to bills of exchange not provided for in this code, recourse must be had to the laws of England in force on the ^thirtieth day of May, one thou- sand eight hundred and forty-nine. 2341. In the investigation of facts, in actions or suits founded on bills of exchange drawn or endorsed either by traders or other persons, recourse must be had to the laws of England in force at the time specified in the last pre- ceding article, and no additional or different evidence is required or can be adduced by reason of any party to the bill not being a trader. 2343. The parties in the actions or suits specified in the , last preceding article, may be examined under oath as pro- vided in the title Of Obligations. 3343. The rules concerning the prescription of bills of exchange are contained in the title Of Prescription 420 Civil Code of L. C. 26 CHAPTER SECOND. OF PEOMISSOKY NOTES. 2344. A promissory uote is a written promise for tire payment of money at all events, and without any condition. It must contain the signature or name of the maker and be for the payment of a specific sum of money only. It may be in any form of words consistent with the foregoing rules. 2345. The parties to a promissory note at the time of making it are the maker and the payee. The maker is sub- ject to the same obligations as the acceptor of a bill of exchange 2«S46. The provisions concerning bills of 'exchange con- tained in this title apply to promissory notes when they relate to the following subjects, viz. : — 1. The indication of the payee ; 2. The time and place of payment ; 3. The expression of value ; 4. The liability of the parties ; 5. Negotiation by indorsement or delivery ; 6. Presentment and payment ; T. Protest for non-payment and notice ; 8. Interest, commission, or usury ; 9. The law and the rules of evidence to be applied ; 10. Prescription. 2347. Parties liable on promissory notes made payable on demand are not entitled to days of grace for the payment thereof 2348. The making, circulation, and payment of bank notes are regulated by the provisions of a statute intituled An Act respecting banks and freedom of banking, and by the special acts of incorporation of the banks respectively. CHAPTER THIRD. OF CHEQUKS. 2*549. A cheque is a written order upon a bank or banker for the payment of money. It may be made payable to a particular person, or to order, or to bearer, and is negotiable in the same manner as bills of exchange and promissory notes. 2:S50. Cheques are payable on presentment, without days of grace. 2351. The holder of a cheque is not bound to present it for acceptance apart from payment ; nevertheless, if it be 421 ■St Civil Code of L. C. accepted, lie has a direct action against the bank or banker, without prejudice to his claim against the drawer, either upon the cheque or for the debt on account of which it was received. 235:3. If the cheque be not presented for payment with- in a reasonable time, and the bank fail between the delivery of the cheque and such presentment, the drawer or indorser will be discharged to the extent of the loss he suffers there- by. 2333. Subject to the provisions contained in the last preceding article, the holder of a cheque who has received it from the drawer, may upon refusal of payment by the bank or banker return it to the drawer with reasonable dili- gence, and recover the debt for which it was given, or he may retain the cheque and recover upon it without protest. If the cheque be received from any other party than the drawer, the holder may in like manner return it to such party, or he may recover from the parties whose names are upon it as in the case of an inland bill of exchange. 2334. In the absence of special provisions in this section, cheques are subject to the rules concerning inland bills of exchange in so far as their application is consistent with the usage of trade. TITLE SECOND. OF MERCHANT SHIPPING. £ 333. The act of the imperial parliament intituled : Th Merchant Shipping Act, 1854, contains the law concerni British ships in Lower Canada in all matters to which its provisions extend and are applicable therein. CHAPTEE FIRST. OF THE REGISTRATION OF SHIPS. 2336. British ships must be registered in the manner and according to the rules and forms prescribed in the act referred to in the last preceding article. Vessels under fifteen tons and vessels under thirty tons burthen, employed respectively in the particular navigation or in the coasting trade specified by the said act, are not subject to be registered. ***** CHAPTER SECOND. OP THE TRANSFER OF REGISTERED VESSELS. 2339. The transfer of registered British ships can be made only by a bill of sale executed in the presence of one 422 Civil Code of L. C. 28 or more witnesses, containing a recital specified in the act of the imperial parliament, intitiilod : The Merchant Ship- ping Act, 1854, and entered in the book of registry of owner- ship in the manner in the said act provided. The rules respecting the persons qualified to make and receive such transfers and respecting the registry and certificate of own- ership and priority of right are contained in the said act. # * * # * iZS61. Transfers of ships and vessels of the description specified in the last two preceding articles, not made and registered in the manner therein respectively prescribed, do not convey to the purchaser any title or interest in the ship or vessel intended to be sold. 2363. No transfer of a fractional part of one of the sixty- four shares into which registered ships and vessels are by law divided can be made or registered ; nor can any number of persons greater than thirty-two be, by reason of any sale, registered as owners of any such ship or vessel at the same time. # :H= * * * S373. Vessels built in this province may also be trans- j;,ferred in security for loans in the manner declared in the next following chapter. CHAPTER TRIED. OF THE MORTGAGE AND HYPOTHECATION OF VESSELS. 3374. The rules concerning the hypothecation of vessels by contract of bottomry are contained in the title Of Bottomry and Respondentia. *^ ^ j)£ ^ TV TT -??• "TV CHAPTER FOUETH. OF PRIVILEGE AND MARITIME LIEN UPON VESSELS AND UPON THEIR CARGO AND FREIGHT. S3S3. There is a privilege upon vessels for the payment of the following debts : — 1. The costs of seizure and sale, according to article 1995 ; 2. Pilotage, wharfage, and harbor dues, and penalties for the infraction of lawful harbor regulations ; 3. The expense of keeping the vessel and rigging, and of repairing the latter since the last voyage ; 4. The wages of the master and crew for the last voyage ; 5. The sums due for repairing and furnishing the ship on her last voyage, and for merchandise sold by the captain for the same purpose ; 6. Hypothecations upon the ship, according to the rules declared in the third chapter of this title and in the title Of Bottomry and Respondentia; 423 29 Civil Code of L. C. T. Premiums of insurance upon the ship for the last voyage ; 8. Damages due to freighters for not delivering the goods shipped by them, and in reimbursement for injury caused to such goods by the fault of the master or crew. If the ship sold have not yet made a voyage, 'the seller, the workmen employed in building and completing her, and the persons by whom the materials have been furnished, are paid by preference to all creditors, except those for debts enumerated in paragraphs 1 and 2. 2384. A ship's-husband, or other agent, holding the ship's papers has a lien upon them for advances and charges due for the management of the business of the ship. 2385. The following debts are paid by privilege upon the cargo : — 1. Costs of seizure and sale ; 2. "Wharfage ; 3. Freight upon the goods, according to the rules declared in the title 0/ affreightment, and what is due for the passage: of the owner ; 4. Loans upon respondentia ; 5. Premiums of insurance upon the things insured. S386.. The following debts are paid by privilege upon the freight : — 1. The cost of seizure and distribution ; 2. The wages of the master and of the seamen and others employed in the vessel ; 3. Loans on bottomry according to the rules contained in the title Of Bottomry and Respondentia. 2387. The order of privileges declared in the foregoing articles is without prejudice to claims for damage by collision, or for average contributions, or for salvage, w^hich are paid by privilege after the debts enumerated as 1, 2, in articles- 2383 and 2.385, and before or after other privileged debts, according to the circumstances under which the claim has arisen, and the usage of trade. 2388. The provisions contained in this chapter do not apply in cases before the Coiirt of Vice- Admiralty. Cases in that court are determined according to the civil and maritime laws of England. CHAPTEE FIFTH. OF OWNEE.S, MASTERS AND SEAMEN. 2389. The owners, or a majority of them, appoint tho master and may discharge him without assigning any cause unless it is otherwise specially agreed. 424 Civil Code of L. C. 30 2390. The owners are civilly responsible for the acts of the master in all matters which concern the ship and voy- age and for damages caused by his fault or the fault of the crew. They are responsible in like manner for the acts and faults of any person lawfully substituted to the master. The whole nevertheless subject to the provisions contained in this chapter and in the titles Of Affreightment, and Of Bottomry and Respondentia and in The Merchant Shipping Act, 1854. 2^91. Any person who hires a vessel to have the exclu- sive control and navigation of it, is held to be the owner from the time of such hiring, with the rights and liabilities of an owner as respects third persons. 2S!>2. In matters of common interest to the owners con- cerning the equipment and management of the vessel, the opinion of the majority in value governs, unless there is an agreement to the contrary. If there be an equal division on the question whether the ship shall be employed or not, the opinion in favor of em- ployment prevails ; saving, in both cases, to the owners who object, the right to claim exemption from liability, and indemnity according to the circumstances and the discretion of a competent court. 239:1. The sale of a ship by licitation cannot be ordered unless it is demanded by the owners of at least one half of the total interest in the ship, save in the case of an agree- ment to the contrary. 2S94. The general powers of the master to bind the owner of the ship personally, and their mutual obligations toward each other are governed by the rules contained in the title Of Lease and Hire, and in the title Of Mandate, respectively. 2395. The master is personally liable to third persons for all obligations contracted by him respecting the ship, unless by express terms the credit is given' to the owners only. 3396. The master engages the crew for the ship. This he does nevertheless in concert with the owners or ship's- husband when they are present at the place. 2397. The master is bound to see that the ship is pro- perly furnished and prepared for the voyage, but if the owners or ship's-husband be present at the place, the master cannot, without special authority, cause extraordinary repairs to be made upon the ship, or buy sails, cordage or 425 31 Civil Code of L. C. provisions for the voyage, nor borrow money for that pur- pose ; subject to the exception contained in article 2604. 2 ^ ^ ^ •7^ "7^ T^ -TT -TT TITLE SIXTH. OF BOTTOMRY AND RESPONDENTIA. 2594. Bottomry is a contract whereby the owner of a ship or his agent, in consideration of a sum of money loaned for the use of the ship, undertakes conditionally to repay the same with interest, and hypothecates the ship'for the performance of his contract. The essential condition of the loan is that if the ship be lost by a fortuitous event or irre- sistible force, the lender shall lose his money ; otherwise it is to be repaid with a certain profit for interest and risk. 2595. If the loan be made not upon the ship but upon the goods laden in her the contract is called respondentia. 2596. The loan may be made upon the ship, freight and cargo together, or upon such portion of either as may ba agreed upon by the parties. 2597. The contract must specifiy : 1. The amount of money loaned with the rate of interest to be paid ; 2. The objects upon which the loan is made. It specifies also the nature of the risk. 2598. If the time of the risk do not appear from the con- tract, it runs, with respect to the ship and freight, from the day she sails until she is anchored or moored in the place of her destination. "With respect to the cargo, it runs from the time the goods are shipped until their delivery ashore. 2599. In loans upon bottomry the ship, with her tackle, furniture, armament and provisions, and freight earned, are held by privilege for the payment of the capital and interest of the money loaned upon them. In loans upon respondentia the cargo is held in like man- ner, f^rl^" If the loan be upon a part only of the ship or cargo such part only is held for the payment. 437 43 Civil Code of L. C. 2600. Loans in the nature of contracts of bottomry or respondentia cannot be made upon the wages of sailors. 2601 • A loan made for a sum exceeding the value of the ■ objects affected for the payment of it may be annulled at the instance of the lender, if fraud be proved against the bor- rower. If there be no fraud, the contract is valid to the amount of the objects aflFected for the paylnent, and the surplus of the sum borrowed must be repaid with legal interest at the place of borrowing. 2603. The borrower upon respondentia is not discharged from his liability by the loss of the ship and cargo ; unless he proves that he had goods aboard, at the time of the loss, of the value of the amount loaned to him. ^ S603. A loan upon bottomry or respondentia may be made to the master, in case of urgent necessity, for the re- pair and other uses of the ship ; but, if made to him with- out the authority of the owners in the place where they reside, or where communication with them is easy, such part only of the ship or cargo as may belong to the master is held for the payment of the loan ; subject to the provi- sions contained in the next following article. 3604. The parts of the owners, even if residing in the place where the loan is made, are held for the payment of money loaned to the master for repairs and provisions, when the ship has been affreighted with the consent of such owners, and they have refused to furnish their contingent for putting her in condition for the voyage. 3603. Loans upon bottomry or respondentia, made for the latest voyage, are paid by preference before those of a preceding one, even when it is declared that the latter are continued by a formal renewal. The loans made during the voyage are paid by preference over those contracted before the departure of the ship ; and if several loans be contracted during the voyage, the last is preferred to any which precede it. S606. The lender upon respondentia does not bear the loss of goods which perish by perils of the sea, when such goods have been transferred from the ship specified in the contract into a different one ; unless it is proved that such transfer was caused by irresistible force. 2607. If the ship or cargo upon which a loan is made be totally lost, by a fortuitous event or irresistible force, within the time and place for which the risk extends, the money loaned cannot be recovered. 488 Civil Code of L. C. 44 3608. Losses arising from defect in the thing, or caused hj the act of the owners, master or charterer, are not con- sidered fortuitous events, unless there is a special agree- ment to the contrary. 3609. In case of partial loss by shipwreck or other fortui- ious event, the payment of the sum loaned is reduced to the value of the things held for it which are saved. ^o"- 2C10. Lenders upon bottomry or respondentia contribute to general average in discharge of the borrower. They do not contribute to simple average or particular damages, unless there is an arrangement to that effect. 2611. If there be a loan and also an insurance upon the same ship or cargo, the lender is preferred to the insurer upon whatever is saved from the shipwreck, for the capital only of his loan. 3613. Bottomry and respondentia bonds made payable to order may be negotiated by indorsement. Such negotiation of them has the same effect and produces the same rights as the transfer of other negotiable instruments. FINAL PEOV SIO I 261??. The laws in force at the time of the coming into force of this Code are abrogated ir all cases : — In which there is a provision i.oiein having expressly or impliedly that effect ; In which suqh laws are contrary to or inconsistent with any provision herein contained ; In which express provision is herein made upon the parti- cular matter to which such laws relate. Except always that as regards transactions, matters and things anterior to the coming into force of this Code, and to which its provisions could not apply without having a retro- active effect, the provisions of law which without this Code would apply to such transactions, matters and things, remain in force and apply to them, and this Code applies to them only so far as it coincides with such provisions. %} 3614. The declaration that certain matters are regulated by the Code of Civil Procedure shall not have the effect of repealing any existing rule or of abolishing any mode of proceeding now in use until the said Code of Civil Procedure shall have become law. 3613. If in any article of this Code founded on the laws ■existing at the time of its promulgation, there be a difference between the English and French texts, that version shall 439 46 Civil Code of L. C. prevail which is most consistent with the provisions of the existing laws on which the article is founded ; and if there be any such difference in an article changing the existing laws, that version shall prevail which is most consistent with the intention of the article ; and the ordinary rules of legal interpretation shall apply in determining such inten- tion. OTTAWA : Printed by Bhown Chambeelin, Law Printer to tlie Queen's Most Exctllent Najesty. 140 29 VIC, CHAP. 46. An Act to amend the tenth chapter of the Consolidated Statutes for Lower Canada, respecting seditious and unlawful Associations and Oaths. [Assented to ISth September, 1866.] TTEE Majesty, by and with the advice and consent of the Preamble. -*-*- Legislative Council and Assembly of Canada, enacts as follows : — 1. The words "or Grand Master or Grrand Lodge of Canada" Amendment are hereby added to and shall follow the words " G-reat Britain l. cT'c^io!' and Ireland" in the ninth section of the tenth chapter of the sec. 9, as to Consolidated Statutes for Lower Canada, intituled : An Act ^-^ee Masons. respecting seditious and unlawful Associations and Oaths, and shall be taken and read as part of the said section ; and this provision shall be construed and have effect as if it had been contained in and formed part of the ninth section of the Ordinance passed in the second year of Her Majesty's Reign, intituled : An Ordinance for more effectually preventing the administering or taking of unlawful Oaths and for better pre- venting treasonable and seditious practices. OTTAWA : Printed by Brows Ohambeklin, Law Printer to the Queen's Most Excellent Majesty. 441 Preamble. 29 VIC, CHAP. 56. An Act further to provide for the deepening of the Ship Channel between Montreal and Quebec. [Assented to 18th September, 1866.] TT/HEEEAS it appears that there is a still subsisting VV agreement between the Provincial Grovemment and the Harbour Oommissioners of Montreal, whereby the latter have undertaken to complete the deepening of the Ship Channel through Lake St. Peter, and between Montreal and the tide water above Quebec ; and that it is necessary that in order to enable them to complete their said engagement, the said Harbour Commissioners should be empowered to borrow a further sum of money : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — !• For the purpose of enabling the corporation of the Harbour Commissioners of Montreal to carry out their agree- ment with the Provincial Grovernment, to complete the ship channel in Lake St. Peter and in the Eiver St. Lawrence, to the depth of not less than twenty feet at low water, and three hundred feet wide, throughout the said channel between Montreal and the tide water above Quebec, it shall be lawful for the said Corporation to borrow, either in this Province or elsewhere, at par, in such sums and for such number of years, and at such rates of interest, not exceeding eight per cent, per annum, as may be found expedient, any sum or sums of money not exceeding in the whole the sum of twenty-five thousand pounds sterling, and to expend the same for the said purpose, in such manner as may be best calculated to complete the ship channel aforesaid. Out of what 2. The sums of money which may be borrowed under the loans shau be ^^^ preceding section, together with the interest thereon, repaid. shall be paid out of the revenue arising from the dues, rates and penalties levied, and to be levied within the said Har- bour of Montreal. Harbour Cor- poration may borrow .£25,- 000 sterling to complete their engage- ment to deepen the channel from Quebec to Montreal. Machinery, 4c., now in use not to be sold. 3. And whereas the steamers, dredges, vessels, machinery, tools and implements, constructed by the Province, and placed under control of the said Harbour Commissioners, and referred to in the first section of the twenty-seventh 442 865. - Ship Channel, Quebec and Montreal. Chap. 56. i and twenty-eighth Victoria, chapter twelve, are now worn out and replaced by others, it is therefore enacted, that all the steamers, dredging vessels, scows, machinery, tools, chains and other implements now in use, for the improve- ment of the channel to a depth of twenty feet at low water, (or when there are eleven feet on the flats of Lake St. Peter,) shall not be disposed of or sold by the Commissioners, until the said improved channel is completed. 4. Any provision in the Act passed in the Session held in inconsisteat the twenty-seventh and twenty-eighth years of Her Majesty's repealed^** Reign, chapter twelve, which is inconsistent with this Act, is hereby repealed. OTTAWA: Printed by Beown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 443 29-30 VIC, CHAP. 20. An Act to confirm the Title to Lands held in trust for certain of the Indians resident in this Province. [Assented to 15th August, 1866.] Preamble. TTTHEREAS defects have been found to exist in respect to VV the mode of execution of Titles to certain Lands- in Upper Canada, acquired by certain Tribes of Indians, or by the Crown in trust for or on behalf of Indians or of Indian Tribes, and it is expedient to quiet and confirm such Titles : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — Certain deeds 1. Yov and notwithstanding anything contained in any trust for In- Act of the Parli^pient of the late Province of Upper Canada, diana, con- or of the Parliament of the Province of Canada, heretofore withstanding naade and passed, every Deed, Conveyance or Instrument insufficient purporting to be a Conveyance and Transfer of Lands in married wo^ Upper Canada, to any Tribe of Indians, or to the Crown in man. trust for or on behalf of Indians or of Indian Tribes, or now held by the Crown on any such trust from any married woman seized of or entitled to such real estate, and made and executed before the passing of this Act, by such married woman, either jointly with or without her husband, or made and executed by any person constituted and authorized by power of attorney executed by such married woman, either jointly with or without her husband, to execute such Deed, Conveyance or Instrument in her name or on her behalf, shall be taken and deemed a valid Conveyance of the Land therein mentioned, and the execution thereof shall be taken and deemed to be valid and effectual and to have passed the estate of such married woman in the said land, although such Deed, Conveyance, Instrument or Power of Attorney was not executed by such married woman in accordance with the provisions of any Law or Statute in force in Upper "Canada, in respect to the conveyance of real estate by married women, and although no certificate of the consent of such married woman to convey her estate in the said land, or an informal or insufficient certificate was endorsed upon such Deed, Conveyance or Instrument, whether executed by such married woman or by her Attorney, and although no certificate of such consent or an informal or insufiicient cer- tificate was endorsed upon such Power of Attorney. OTTAWA : Printed by Brown Chambehlis, Law Printer to the Queen's Mo3t Excellent Majesty. 444 29-30 VIC, CHAP. 43. An Act to amend the Law of Upper Canada relating to Crown Debtors. [Assented to loth August, 1866.] T17 HEREAS, by law in Upper Canada, the property, real Preamble. V V and personal, of any person entering into any bond or covenant, or being indebted to the Crown, is bound by such bond or covenant from the date thereof, and from the incur- ring of such debt ; and whereas it is desirable that such bonds, covenants and debts made or due by a subject to the Crown, should be placed on the same footing as if they were made or due from a subject to a subject : Therefore Her Majesty, by and with the advice and consent of the Legis- lative Council and Assembly of Canada, enacts as follows : 1« No bond, covenant, or other security, hereafter to be Bonds, &c., to made or entered into, by any person, io Her Majesty, Her *n^^o°^ *° Heirs or Successors, or to any person on behalf of or in trust such property for Her Majesty, Her Heirs or Successors, shall bind the real ^o^^j'jn*'® or personal property of such person so making and entering other cases. into such bond, covenant, or other security, to any further, other or greater extent than if such bond, covenant or other security, had been made or entered into between subject and subject of Her Majesty. 2» The real or personal property of any debtor to Her A"8. All ton timber for exportation shall b» straight lined and squared, and with not more than one inch of wane on the edges, without offsets or joints, square, butted at both ends, and free from all marks of scoring, rots, splits or worm holes which may be detrimental to the same. Merchantable 99. Merchantable spruce or pine timber shall be sixteen and^hariwood feet, and hardwood timber ten feet in length at least, and timber; the at least ten iuches square; and where it does not exceed qu.iiUy. sixteen feet in length, the ends shall be of equal size, and all ton timber shall be measured by the girth, one quarter part thereof to be taken as the side of the square. Shingles to be of three qual- ities ; their descriptions. lOO. In the survey of shingles there shall be three qualities, viz. : — No. 1. — Pine or cedar shingles not less than eighteen inches long, four inches wide, and three-eighths of an inch thick at the but, and clear of sap, slash, shakes, twists and worm holes. No. 2. — Pine, cedar, spruce or hemlock shingles not less than sixteen inches long, three and a-half inches wide, and from a quarter to a quarter and a sixteenth of an inch thick, to be free from sap, slash, shakes and worm holes ; and No. 3. — Eefuse, to include all other descriptions of shingles. No. 1 and 2 shingles shall be put up in bundles not less than twenty-five tiers or courses twenty inches wide, four bundles to be considered as a thousand. All shipping shingles for exportation shall be half an inch thick at the but and extend the same thickness three- fourths of the length, and be shaved from thence to the point, and from four to four and a-half inches wide. five Clapboards; lOl. Clapboards shall be four feet four inches long, aiid'descrip- inches widc, and half an inch thick at the back. tion. Lathwood; 10?. Lathwood shall be of fresh growth, straight rift, and'how'mea- ^^^^ from bark, heart and knots, and measured by the cord. sured. 468 R.S., N.S. Inspection of Provisions, Sfc. Chap. 85. 6 103. Hogshead staves shall be forty-two inches long, Staves ; their from three and a half to five and a half inches wdde, and aad'mode'of three quarters of an inch thick on the thinnest edge, and calculation. not more than one inch on the back. Barrel staves shall be thirty-two inches long and half an inch, thick on the thinnest edge, and not exceeding three quarters of an inch on the back ; to be of good rift, fairly split, free from twists, knot holes, rotten knots, worm holes and shakes, and shall be calculated by the tale of ten hun- dred to the thousand. 1©4. Upon any contract or bargain for a quantity of Timber, lum- timber or lumber for exportation, the same shall be under- ^^ ^°"^ stood to mean that which is hereinbefore described, and the chased fo^""^' purchaser shall not be obliged to receive any other unless exportation under a special written agreement specifying what he res^ctiveiy actually is to receive. described. 10.5. The surveyors of lumber shall when required dili- Duty of lum- gently examine and survey every description of lumber ^^'' ™^^^'^''^''' described in any of the preceding sections whether for sale or exportation in their respective districts, and shall mark the same as directed by this section at the time of the survey ; but if it shall have been previously surveyed in the province, he shall only re-survey and mark anew the same when he shall have any doubt of the measure ; and on every survey he shall furnish the seller and the pur- chaser each with a certificate thereof specifying the quality and dimensions, and on every stick of ton timber shall mark in figures the contents in cubic feet, the initials of his name, and the private mark of the purchaser ; and on all deals and plank shall mark in lead, on the ends, the length, breadth, thickness and superficial contents and his own private mark ; and on all boards the superficial con- tents and his private mark. 106. The surveyors of lumber shall receive the following ^^es of sur- fees, viz., for measuring and surveying all ton timber, five [umber.°^ cents per ton, together with seven cents for every mile they shall necessarily travel in coming to the place of the survey ; _ For every thousand superficial feet of deals, plank, scant- lings and boards respectively, fifteen cents for surveying and five cents for marking; and for viewing only where the same shall have been previously surveyed and the surveyor shall doubt the measure, five cents ; For every cord of lathwood, ten cents ; For every thousand shingles, five cents ; and for culling and repacking, ten cents ; For every thousand hogshead staves, thirty cents ; For every thousand barrel staves, fifteen cents. 469 Chap. 85. Inspection of Provisions, SfC. E.S., N.S. Sui'fcyors' certificates ; their effect ; provisions in case of dis- pute. 107. The surveyor's certificate shall be binding between the seller and purchaser, but in case they disagree, either party may call in three other surveyors who are in no way interested in the matter in dispute, to re-survey the same, and their decision shall be final. If the first survey be confirmed, the expense of the second shall fall upon, the party by whomi it is had, but if the first survey is not estab- lished, then the surveyor shall bear the expense of the second survey. on survey. Feesofsur- 108. The surveyor's fees shall in all cases be paid by by^sei^n^ ^ the seller, who shall remove all obstacles in the way of the seller's duty surveyor, which may prevent him from viewing and measuring with facility any timber or lumber which he may be required to survey, and shall, if necessary, have the same canted. But the purchaser, upon any special agree- ment therefor, or if he shall require a fresh survey, shall pay the surveyor's fees. Timher, lum- ber and shingles for- feited if sold without being surveyed ; cargoes in the city of Hali- fax excepted. 109. All timber, lumber and shingles shall be surveyed and marked, as prescribed by this chapter, before delivery on sale or shipment for exportation, and if any person shall violate this provision he shall forfeit the article or the value thereof ; but in the city of Halifax entire cargoes of lumber sea borne may be disposed of without the intervention of a surveyor between the first buyer and seller. 110. Upon the survey of shingles, clapboards and staves respectively, those which are deficient in quality or dimen- sions shall be rejected. 111. All shingles and clapboards exposed for sale by quantities in bundles and not holding the number they are marked for, shall , unless it appear that part thereof have been accidentally shaken out after packing, be forfeited. 112. Any person who shall without the permission of the owner of any timber or lumber, alter, deface or destroy the marks of a surveyor of lumber thereon, shall forfeit a sum not exceeding four dollars for each oflEence. Fine for lum- 113. Any surveyoT of lumber violating any of these pro- vioiatfng^hls visious shall forfeit a sum not exceeding twenty dollars for duty. each offence. Shingles, clapboards and staves found defec- tive to be re- jected. Shingles and clapboards forfeited when offered for sale deficient in the market quantity. Fine for de- stroying sur- veyor's marks on timber, &c. Limitation of actions. 114- All prosecutions under these provisions shall be commenced within twelve months from the time of the commission of the offence. APPLES AND POTATOES. Size of apple 115. The size and dimension of barrels used for putting ^"^ ^' up or packing apples or potatoes for sale shall be as follows ; 410 RS., N.S. Inspection of Provisions, 8fc. Chap. 85. 8 to wit, the length of the stave or barrel shall be twenty- nine inches and the heads between the chimes seventeen inches, with a diameter in the centre inside the barrel of nineteen inches, thus corresponding as nearly as possible in shape and size to the Canadian or Am.erican flat hooped flour barrel. 116. All barrels used for the shipment of apples or pota- Number of toes shall have six hoops ; that is to say, two on each end '^''°P^- and two on intermediate spaces, and shall also have the top head planed that the barrel may be properly branded or marked. 117. The makers of all apple or potato barrels shall ?*'^'' j^^^*° ''* brand the initial of their christian name and their whole surname on the outside of each barrel, near the top of the stave, under a penalty of twenty-five cents. 118. Any person putting up apples or potatoes for sale in P^^.^i'? fo' barrels of smaller dimensions than those hereinbefore de- ILaU^barreia. scribed, shall forfeit to the purchaser as damages, an amount in proportion to any diminution of size or loss sustained thereby, to be recovered as an ordinary debt and be liable to a fine of one dollar. 119. Nothing in the four last sections contained shall Not to aftect preclude the use of flour barrels in the shipment of any ^"""^ bawei*. article of produce. STAVES AND BRICKS. 120. AH staves, bricks and other articles which are now Staves, bricta reckoned by the tale of twelve hundred to the thousand, &c,howcoun- shall be calculated by the tale of ten hundred to the thousand. 121. The general or a special sessions may appoint all Sessions to inspectors and other officers necessary for carrvino- out the *pp°'"' o^- provisions of this chapter. ■OTTAWA : Printed by Beown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 471 CHAP. 87. OF GENERAL PROVISIONS EESPECTING COKPOEATIONS. Corporations; 1. All corporations shall, where no other provision is- anTpnviU ^ Specially made, be capable in their corporate name to sue eges. and be sued, to prosecute and defend actions, to have a common seal which they may alter at pleasure, to elect in such manner as they may deem proper all necessary officers, and to fix their compensation and to define their duties, and to make by-laws and regulations not contrary to law nor repugnant to the charter or Act by which any such corpora- tion may be created, for their own government and the due management of their afiairs. By-laws and 2. All corporations may by their by-laws, where no £e°reeniated o^her provision is specially made, determine the manner of thereby. Calling and conducting meetings, the number of members which shall constitute a quorum, the number of shares which shall entitle the members to one or more votes, th& mode of voting by proxy, the mode of selling shares for the non-payment of instalments, and of transferring shares generally, the tenure of office of the several officers, and the purchase, conveyance and sale of their real and personal estate ; and they may annex penalties to their by-laws not exceeding in any case the sum of twenty dollars for any one offence. Proceedings, 3. "WTjien any charter or Act of incorporation shall direct when requir- that the by-laws and list of shareholders, or either of them,, edbythe Act ghall be registered, no by-law of the incorporation shall be ^^m corpora- ^^ foj-gg until a copy thereof, and also, if required by the charter or Act of incorporation, a list of the names of all the members of the corporation, with the amount of the stock held by each member respectively, certified under the hand of the president and secretary, or if the company shall not have been organized, under the hands of three at least of the members of the company, of whom one at least shall have been named in the charter or Act of incorporation, shall be recorded in the office of the registrar of deeds in such county as may be directed by such Act or charter ; and no subsequent by-law, nor any subscription of additional stock, nor the transfer of any stock or shares in the corpora- tion, except by devise or by descent, or other act of law,, shall be effectual until a certificate thereof, under the hand 4*72 E.S., N.S. Corporations. Chap. 87. 2 of the president and secretary, shall be recorded in the same office ; and in all cases by-laws relating to the real estate of the corporation shall, before they become eflFectual, be recorded in manner above mentioned in the office of the registry of deeds for the county or district in which such real estate may be situate. 4. The first meeting of all corporations shall, unless First meet- otherwise provided in their charters or Acts of incorporation, cafied."'^ be called by notice signed by any one or more of the per- sons named in the charter or Act of incorporation, and set- ting forth the time, place and purposes of the meeting ; and such notice shall, seven days at least before the meeting, be delivered to each member, or left at his place of resi- dence, or published in some newspaper of the county where the corporation may be established, or where its principal place of business shall be situate, or if there be no news- paper in the county, then in two of the Halifax newspapers. 5- Whenever by reason of the death, absence or disability How called in of the officers of any corporation there shall be no person special cases, authorized to call or preside at a meeting thereof, any jus- tice of the peace may, on a written application of three or more of the members, issue a warrant to any one of such members, directing him to call a meeting of the corpora- tion by giving the notice as required by law, and the jus- tice may in the same warrant direct such person to preside at such meeting if thefe shall be no officer present legally authorized to preside thereat. ©• Such corporation when so assembled may elect officers Powers and to fill all vacancies then existing, and may act upon such "ii^ties of cor- other business as might by law be transacted at regular when assem- meetings of the corporation. ^'^<^- 7. Notwithstanding the corporation may hold real estate, Shares to be the shares of the stockholders shall be deemed to be per- pe^o^^'i P™- sonal property for all purposes. ^^"^ ^' 8. The real estate of the company may be sold under Real estate to execution in the same manner as personal estate, and the sonai'l,ro?^'^* sheriff shall immediately after the sale execute a deed to the perty. purchaser, which shall convey all the estate and interest of the company in the real estate so sold and conveyed. 9- All Acts or charters of incorporation shall expire unless Acts to expire the company thereby established shall go into operation operation*'" within three years from the passing- thereof, unless other- within three wise specially provided therein. years. lO. All corporations whose charters after they shall have Charters to gone into operation shall expire by their own limitation, or threl°y"ears -riO S Chiap. 87. Corporations. R.S., N.S. after expira- shall be annulled by forfeiture or otherwise, shall neverthe- ing^'oo'ncerns'. l^^s be continued as bodies corporate for the term of three years after the time when they would have been so dis- solved, for the purpose of prosecuting and defending suits by or against them, and of enabling them to settle and close their concerns, to dispose of and convey their property, and to divide their capital stock ; but not for the purpose of continuing the business for which such corporations were established. Trustees may 11. When the charter of any corporation shall expire or towind'up^'^ be annulled, as provided in the preceding section, the business with- Supreme Court on application of any creditor of such cor- vears^ "^"^^^ poration, or of any member at any time within the three years, may appoint a trustee or trustees to take charge of the estate and effects of the corporation, and to collect the debts and property due and belonging thereto, with power to prosecute and defend suits in the name of the corporation, and to appoint agents under them, and to do all other acts which might be done by such corporation if in being that may be necessary for the final settlement of the unfinished business of the corporation ; and the power of such trustees may be continued beyond the three years and as long as the court shall think necessary. Officers and 12. "When any officer or member of a corporation is liable ^e™.*'^'^ ''°^ for any debts of the corporation or for acts in relation to its business, or to contribute for money paid by other officers or members on account of any such debts or acts, he may be sued therefor in the Supreme Court. Liability of 13. No member of any corporation shall be relieved from members*' individual liability for its debts or obligations ; but each member thereof shall be liable as a partner to the same extent as if no corporation existed ; and in case any execu- tion issued on any judgment against the corporation shall be returned unsatisfied, the individual real and personal estate of every member of the corporation shall be liable to respond such judgment under execution issued thereon in the same manner as if the same were a private debt due by such member, unless the special Act creating the corpora- tion shall exempt its members from such liability ; and any member who shall be so compelled to pay any moneys on. account of the debts of the corporation shall be entitled to credit therefor in the books of the corporation. Liability of 14. The directors or board of managers of any such cor- pem)naiiy in' poration, the liability of whose members shall be limited special cases by the Act or charter of incorporation, unless otherwise _OTovei ra - gpgcjally directed therein, shall in all cases be personally liable for any responsibility incurred by them on account of the corporation beyond the amount of the stock subscribed 4t4 E.S., N S. Corporations. Chap. 8Y. 4 witliout the sanction of the company, to be obtained at a meeting thereof held in accordance with the by-laws, unless such larger amount of dealing be specially authorized by the Act or charter of incorporation ; but this section shall not extend to insurance companies. 15« The acts of incorporated companies performed with- -*^o^ of co™- in the scope of their charters or Acts creating them shall without seal. be valid notwithstanding they may not be done under or be atithenticated by the seal of such corporations. 16. No corporation shall issue notes or bills for payment No company of money, for the purpose of circulating the same as money, bankmgoriu- or engage in any banking or insurance business unless suranoe busi- especially authorized to do so by its Act of incorporation, specially'^ and if any corporation not so authorized shall issue such authorized, bills or notes, or shall engage in any banking or insurance business, its charter shall be thereby rendered yoid. 17. Whenever in any Act or charter of incorporation any Arbitrations; disputes or matters of controversy in which the corporation ed where a'' may be interested, or any damages to which they may be- corporation is come liable, shall be directed to be settled or ascertained by * P*''*^- arbitration, the mode of proceeding on such arbitration, un- less otherwise prescribed, shall be as follows, viz. : unless both parties shall concur in the appointment of a single arbitrator, each party on the request of the other party shall by writing under the hand of the parties interested, or on behalf of the corporation under the hand of the president or one of the directors and the secretary, appoint an arbitrator to decide the matter in question, and after such appoint- ment shall have been made, neither party shall have power to revoke the same without the consent of the other, nor shall the death of any of the parties operate as a revocation thereof ; and if either party shall fail to appoint an arbi- trator within fourteen days after service upon him of such written request, a judge of the Supreme Court, at the instance of the party making such request, may appoint an arbitrator to act on behalf of both parties, who may proceed to hear and determine the matters in question, and his award shall be final. If any arbitrator after his appointment die or be- come incapable from absence or otherwise, or refuse, or for seven days neglect, to act as arbitrator, the party by whom he was nominated, or a judge of the Supreme Court, may appoint in writing some other person to act in his place ; and if for seven days after such substituted arbitrator shall have received notice in writing from the other party for that purpose he fail to do so, the other arbitrator may pro- ceed to hear and determine the matters in question. "Where two arbitrators shall have been appointed, they shall before entering upon the matters referred to them, appoint by writing under their hands an umpire to decide 415 Chap. 87. Corporations. E.S., N.S. Abstract of receipts, &c., of all joint stock incor- porated com- panies to be filed, declarations or affirmations taken in such abroad admis- manner as to be used in the Supreme Court, whether taken Bible as evi- in England or in any of Her Majesty's possessions, or in parts out of Her Majesty's dominions, may be received as suffijiently authenticated by the court, subject to the rules of the court. dence OTTAWA : Pri ited by Brow.v Chamberlin, Law Printer to the Queen's Most E.Tcellent Majesty. 502 30 VIC, CHAP. 27. An Act to revest in the Crown certain public grounds in the Town Plot of Chester. [Passed the 1th day of May, A.D. 186Y.] WHEEEAS it has been agreed by the General Sessions Preamble, of the Township of Chester that a certain piece of ground, situate in the town plot, as is hereinafter described, shall be appropriated for the purpose of erecting a Militia Drill Shed ; Be it therefore enacted by, the Grorernor, Council, and Assembly as follows : 1- One hundred and thirty feet, extending in depth Bounds of along the line of the parsonage grounds, of the ground v^ted^^ allotted for a court house and jail in Chester, and sixty feet in width and fronting on the public road, is hereby re- vested in the Crown, for the purpose of erecting a Militia or Military Drill Shed. OTTAWA ; Printed by Brown Chambbrltn, Law Printer to the Queen's Most Excellent Majt- sty. 503 30 VIC, CHAP. 28. An Act to vest in the Crown certain Public Lands in the Town of Lunenburg. [Passed the 1th day of Mai/, A.D. 1867.] Preamble. 117 HERE AS four lots of land situate in the Town of V T Lunenburg, viz. : Lots number six, seven, eight and nine, in Strasburg division. Letter D, on which a Militia Drill Shed is now being erected, were granted with other pieces of land in the year one thousand seven hundred and eighty-five to John Creighton and six other persons, their heirs and assigns, in trust fbr public uses ; and whereas those trustees are long since deceased, and many incon- veniences have arisen from the trust devolving on the heirs of such trustees ; And whereas an Act passed in the seventeenth year of Her Majesty's reign, chapter fifty -two, entitled " An Act relating to certain public lands in the Town of Lunenbvrg" empow- ering the Grovernor to appoint trustees of a certain por- tion of said lands as originally granted ; but which Act does not afiect the lots above named, to which no new trust has been created, and such lots have become neglected ; Be it therefore enacted by the Governor, Council, and Assembly as follows : — Title to lots 6, 1. The title to the said lots, numbers six, seven, eight, vestedfn^' and nine, are hereby vested in the Crown, to be used for Crown for Militia or Military purposes. Militia and Military pur- poees. OTTAWA : Printed by Bbown Chambkklin, Law Printer to the Queen's Moat Excellent Majesty. 504 30 VIC, CHAP. 32. An Act to amend Chapter 92 of the Revised Statutes, " Of the Preservation of useful Birds and Animals." B [Passed the 1th day of May, A.D. ISGY.] E it enacted by the Governor, Council, and Assembly, as follows : J£. , J£. J£. ^ >AU ^ TT TV- W TV 7. The export from this Province of moose or cariboo Export of hides is hereby prohibited and unlawful, and the hides "ariifoo'hidea attempted to be exported shall be forfeited, and the owner prohibited. or person attempting to export the same shall, on convic- tion, be liable to pay a sum not to exceed five dollars on each hide, to be recovered in the name of any prosecutor in a summary manner before two Justices of the Peace, and, when recovered, to go to the prosecutor. -3fe -j^ 4£f :^ ^ ^5" -^ ^ TT "Tc" OTTAWA : Printed by Beown Chamberlin, Law Printer to the Queen's Most- Excellent Majesty. 505 powers of sessions. ACTS NEW BRUNSWICK. REVISED STATUTES. CHAP. 64. OF RULES AND REGULATIONS. Additional 1. The Sessions in addition to the powers otherwise con- ferred upon them, may make regulations for the following purposes, namely : — # ^ :# # * Twenty-fourth. For regulating the assize of bread. # * # # * Thirty-first. For regulating the measurement of boards, shingles, lathwood, and other lumber, cord wood, and other fuel. # * * # * OTTAWA i Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 506 CHAP. 92. OF THE BEGTJLATION OF SALES OF LIME. !• Every hogshead made for the purpose of carrying lime Lime hogs- shall contain at least one hundred gallons, and every half contain^ Ic. * hogshead at least fifty gallons, with the name of the manu- penalty, facturer branded on the head ; and if any person shall make any hogshead or half hogshead of a smaller size, or shall ne- glect to brand the same before the lime is put in, he shall, for every offence, forfeit the sum of five shillings. 2. If any person shall ship for exportation on board of any Shipping Ume vessel, or sell any lime in hogsheads or half hogsheads of a uon Contrary smaller size, or not branded, such person and the master of hereto, pen- the vessel shall each forfeit the sum of five shillings for ^^*^' every hogshead or half hogshead so sold or shipped ; but lime may be packed for sale or exportation in casks of a smaller size, if their contents have been ascertained by a sworn ganger, and marked thereon. OTTAWA : Panted by Brows Chambjerlin, Law Printer to the Queen's Moat Excellent Majesty. 507 Mode of mea- suring fire- wood and bark. CHAP. 93. OF THE MEASUEEMENT OF FIREWOOD AND BARK. 1. All firewood and bark, when bought or sold by measurement, shall be measured by the cord, w^hich shall " be eight feet in length, four feet in breadth, and four feet four inches in height ; or if measured in a vehicle, at the rate of one-qtiarter of a cord to each load ; such load shall measure four feet in length, two feet and nine inches on an average height. in breadth, and three feet and three inches in Regulation of 2. Every vehicle used for the measurement and carriage car'^ing^"'^ aforesaid shall be provided with stakes on each side, placed same. so as to leave two feet eight inches in width between the foremost stakes, and two feet ten inches in width between the two hindmost stakes ; such stakes shall be three feet three inches in height from the floor of such vehicle, and no more, shouldered with a band of iron round the part which enters the mortice, and the mortice cased with iron ; within two feet nine inches from the floor of such vehicle shall be an iron chain across the same, from one stake to the opposite one, to prevent their spreading. And such wood or bark shall be well stowed, and no higher than the tops of the stakes ; and the upper surface of the wood or bark shall be level. Penalties. 3. If any such vehicle shall not be in all respects accord- ing to the above requirements, or if firewood or bark shall be placed or measured on the same otherwise than is herein described, the owner or driver of such vehicle shall, for every time the same shall be so used,, forfeit the sum of five shillings, to be appropriated one-half to the overseers of the poor where the offence is committed, and the other half to the prosecutor. OTTAWA: Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 508 CHAP. 96. OF THE SUKVEY AND EXPORTATION OF LUMBER. !• No lumber of the description hereinafter mentioned Lumber ex- shall, until the survey thereof as 'herein required, be shipped suivlj, l°n- for exportation, under a penalty for each offence not exceed- alty. ing fifty pounds nor less than five pounds. 2. The first general sessions in every year shall appoint Appointment in their respective counties a sufficient number of fit per- of^Surveyora, sons to be surveyors of lumber in such parts of their county as may be necessary ; each of whom shall execute a bond to the Queen in the sum of one hundred pounds with two sureties, conditioned for the due performance of his duty, and shall take the following oath before the clerk or a justice of the peace for the county, he administering the same without fee, that is to say : — " I, A.B., do swear that I will faithfully to the best of my ability, discharge the duties qf a surveyor of lumber, and that I will give a true account of the number, dimensions and measurement of all such lumber as may be submitted to my inspection, according to the best of my knowledge and skill, and that I will not survey any lumber in which I may have a direct or indirect interest beyond the fees of survey, and that I will not change any lumber that may be intrusted to me for the purpose of being surveyed." The bond and affidavit to be filed in the said clerk's office, together with the private mark which the surveyor shall adopt ; the clerk shall grant a certificate to every such surveyor of his having filed the affidavit and bond, and shall furnish him with a copy of this chapter at the , expense of the Grovernment ; and no such surveyor shall be a pond-keeper, or directly or indirectly a dealer in timber. 3. Any surveyor may survey lumber in any part of the Duties of Sur- county in which he shall be appointed, and shall person- ^eyors. ally and carefully ascertain the qualities of the lumber submitted to his inspection, reject all such lumber as in his opinion may be contrary to the provisions of this chapter, so far as can be then ascertained, and, when required, furnish the buyer and seller each with a true account in writing of the number, length, and dimensions of the pieces of lumber faund to be merchantable ; if any Digputeg how dispute arise between the buyer or seller, and the surveyor, settled. 509 2 Chap. 96. Survey, ^c, of Lumber. E.S., N.B. the pei'son requiring a resurvey and the surveyor may each choose a disinterested surveyor duly appointed under this chapter, and the twro surveyors so chosen shall name a third ; or if the dispute arise between the buyer and seller, the person who shall have chosen the first surveyor may choose one other surveyor, and the other party two other disinterested and duly appointed surveyors ; and in either of the above cases the three surveyors so chosen shall resurvey such lumber, and their decision, or the decision of any two of them, shall be final ; and the person requir- ing such resurvey shall pay the expenses thereof in the first instance, but if the original survey be not confirmed, he may recover them from the first surveyor ; and in case of any such dispute, if the buyer, or seller, or the surveyor, shall neglect or refuse, when called upon so to do, to name a surveyor as above required, it shall be lawful for the other party to name two disinterested surveyors, who shall choose a third, and proceed as above directed, and their decision, or the decision of any two of them, shall be final. Surveyors 4. If any Surveyor pass any article of lumber contrary to dufy^'pen? ^^^ provisions of this chapter, he shall be liable to any per- aity.' son injured thereby for all damages by him sustained, and for the following penalties, namely : — For every forty cubic feet of timber so passed, two shillings and six pence ; Every thousand superficial feet of plank, deals, boards or scantling, five shillings ; Every thousand superficial feet of saw logs* two shillings and six pence ; Every spar, one shilling ; Every thousand shingles, two shillings and six pence ; Every thousand staves, five shillings ; and Every cord of lath wood, two' shillings and six pence. If any such surveyor shall at at any time wilfully change any lumber submitted to him for inspection or survey, he shalljUpon conviction thereof, forfeit a sum not exceeding fifty nor less than five pounds ; and if any such surveyor shall at any time be found guilty of wilful neglect or partiality in the execution of his duty, or of wilfully giving a false account of the lumber submitted to him for inspection or survey, the conviction for any such offence shall operate as a dismissal from office, and render him forever incapable of re-appointment. Specification 5. No square timber, except red pine, shall be less than aWe^sq'uare" ' ten inches square, nor shorter than sixteen feet ; but white timber. pine timber over sixteen inches square, and hardwood over twelve inches square, may be twelve feet ; all which shall be squared and smoothly hewed, free from knotty tops, plugs, rots, rotten or coucase knots, decayed, sap or worm holes, shall be square butted, the taper not to exceed one 510 E.S., N.B. Survey, 8fc., of Lumber. Chap. 96. 3 inch for every eighteen feet in length, the wane not to exceed one inch in each corner where the square is under sixteen inches, two inches where it is from sixteen to twenty- inches, and three inches where it is above twenty inches ; in order to ascertain the contents of such timber, the sur- veyor shall girt or measure the same at the middle of the stick ; and the diiference of the squares between any two of the sides shall not exceed two inches ; no log shall have a sweep unless it have two straight sides, and such sweeps shall not exceed the rate of five inches to every forty feet in length ; but all pine timber over sixteen inches square, smoothly hewed, and free from the defects aforesaid, shall be deemed merchantable, if over twelve feet long ; and in surveying round or sided timber in order to determine the quantity in tons, the surveyor shall allow the number of cubic feet which the stick will square. 6» In the survey of pine or spruce logs the following For saw logs, regulations shall be observed by the surveyors : Logs for the manufacture of deals shall not be less than twelve feet in length and eleven inches in diameter, shall have an allowance of from, four to six inches in the lengths to per- mit the deals when sawed to be trimmed, shall be sound, free from bad shakes, auger or plug holes, crooked gum seams, ring or bowel shakes, rot, bad knots, and worm holes ; all logs of twenty-six feet long and upwards shall be meas- ured in two lengths ; an adequate allowance shall be made by the surveyor on all crooked logs ; the diameter at the small end, exclusive of bark, shall be taken as the diameter for ascertaining the contents, and the surveyor shall mark or scribe on every log surveyed by him the superficial con- tents thereof with his private mark, and the initials of the name of the purchaser. The contents shall be calculated by the following table, viz : — 511 Chap. 96. Survey, 8fc., of Lumber. E.S., N.B. Lengths in Feet. Contents. ' g CO cq CD §8 CO o OS 1 o i-h" I-H 1-^ I-T ^ ■^ s cq CO CO o o cq CD CO GO i O >-h" cq co^ I-H co^ ^ 00 OS 5 CO id s CO g t- 00 g OS cq I-H I-H cq i-h" 3 oa CO CO o o en to 28 s 1 g ■-T s CO cq 00 CO co CO s ^ cq CO CO 1« 00 OS OS 1 00 O o c^ o CO CO o CO o o CO cq CD rH CD 00 i i-T CO cq ?? 00 o CD oq as ^ CO CO CD S O CO CO 1 OS cq 00 00 GO CO OS CD CS^ CO CO 05 CO o CO CO i-C 00 i s o Jr- CO CO JO 00 r-H CO OS O^ CO 2 Contract of 7. Upon the trial of any issue joined, when it may be p°oraion!°how necessary to prove the contract of a foreign corporation proved. entered into in this Province by their accredited agent, proof that it was executed or issued by such agent shall be evidence of the execution thereof by the corporation. OTTAWA: Printed by Beown Ohambeelin, Law Printer to the Queen's Most Excellent Majesty. 520 GHAP. 120. OF BANKING. !• Every bank legally incorporated in this province, Banks, power ,., xi_'jpii J. • J. to issue notes. wnetner autnonzed by charter or not, may issue notes or other evidences of debt to the amount of five, ten or fifteen shillings, but no other fractional part of a pound. 2- Every banking corporation violating any of the pro- Penalty, for visions of this chapter, shall for every offence forfeit the ^^at offences, sum of twenty-five pounds ; and whoever shall receive any note or evidence of debt herein prohibited shall forfeit a sum equal to the nominal value thereof. tT "Tt "K* -TV" 4. One-half of the said penalties to be paid to the prose- Penalties, ap- cutoT, and the residue to the overseers of the poor of the pi"=**'°°- parish where the offence was committed. ' OTTAWA : Printed by Brown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 621 CHAP. 122. OF DAMAGED GOODS. Damaged 1. ^H damaged goods sold on account of the insurers, or and how sold, persons interested, shall, upon the first unlading thereof, or proceedings, as soon thereafter as they are discovered to be damaged, be surveyed by a shipmaster unconnected with the A'^essel, and one or more of the wardens of the port, who shall deter- mine if they have been properly stowed ; the sale shall be made after twenty-four hours' public notice thereof, in their presence, at public auction, in the most public and conveni- ent place, between the hours of eleven in the morning and three in the afternoon, which shall only be of goods really damaged, and in such quantities at a time as they shall think best for the interest of the parties ; and the person who orders the sale shall at the time produce the original invoice of such goods as he shall direct to be sold, unless he make oath that no such invoice has come to hand, and the master or WE^rdens shall give a certificate of the facts. Compensa- 2. The master and wardens shall each receive seven shil- and warden^ lings and sixpence a day for their services, and five shillings shall be paid for every certificate by the person at whose request the sale is made. Penalty for 3- If any auctioneer, master or warden violate any of the violation. provisions of this chapter, he shall forfeitthe sum of twenty pounds for every offence, to be paid to the treasurer of the county where the offence was committed. If any person shall make any sale of damaged goods, or any demand for a loss, without complying with the provisions of this chapter, he shall forfeit double the value of the goods. OTTAWA : Printed by Beown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 522 CHAP. 124. OF INSOLVENT CONFINED DEBTORS. f" 1. Any person confined in gaol or on tlie limits in any Who may ap- civil suit, unable to obtain bis support, may apply to a judge support ^Pro'- of tbe Supreme Court, or justice of the Inferior Court with ceedings. any justice of tbe peace, for weekly support, and, on seven days' notice to tbe opposite party or bis attorney, be sball be examined before sucb judge or justices on oath as to bis ability to support bimself ; if satisfied tbat sucb person can- not support bimself by labour or otberwise, tbat be bas no property real or personal, tbat since be was served with tbe first process in tbis suit be bad not directly or indirectly transferred any property real or personal, intending to defraud tbe person at wbose suit be is confined, or given any undue preference, sucb judge or justices sball make an order for payment by tbe suitor of five sbillings per week to the debtor, the first payment to be made as may be - directed ; on failure of payment between sunrise and sun- set of tbe day ordered, tbe judge or justices sball by order in writing discbarge tbe debtor from confinement as to tbat suit, on production of which to the gaoler tbe debtor shall be forthwith discharged without payment of any fees whatever. 2. No discharge under any of the provisions of this Discharge, chapter shall prevent the plaintiff proceeding to final judg- ^ff^^'of- ment, or issuing execution against the property of the debtor, or recovering tbe amount of the judgment, but the person of the debtor so discharged shall be freed from arrest for tbe same cause. The examination mentioned in the pre- ceding section shall be filed in the office of the clerk of the court out of which the process issued. 3. Should the judge or justices, or either of them, not Whomaytake attend at the time and place specified in the notice, any examination. other person authorized to take such examination may attend in his or their stead, and proceed therewith, and grant or refuse relief under this chapter ; an entry sball be made, in the minutes of the examination, of the same having been taken by him or them in lieu of the person or persons who issued the notice. 52-3 Chap. 124 Insolvent Confined Debtors. E.S., N.B. When one Justice to act, Who not liable for an escape. 4. The provisions of this chapter shall also extend to persons confined upon process in civil suits issued by a justice, the proceedings to be had before any one justice. 5. The judge or justices shall make an order in writing, directing the sheriff or gaoler to bring the debtor before them at the time and place specified therein for examina- tion, and such sheriff or gaoler shall not be liable for acting in obedience to such order. Who may issue sub- poenas. Wit- nesses' duty. *»• Either party may issue subpoenas out of the court from which the process issued, which shall be served and the witness tendered his reasonable expenses ; the person served therewith shall be liable to the same punishment and damages for wilfully disobeying the subpoena as in other cases. When debtor may sell bis property, &c. When orders may be sus- pended, &c. T. If any confined debtor shall be possessed of property, and shall have offered to pay or assign the same to the suitor, or if there be several suitors, to them respectively in proportion to their demands, and the suitor or suitors, or either of them, refuse to accept, the person so confined shall sell by public auction, first giving seven days' public notice of such sale, and also seven days' notice thereof to the parties or their attorneys, and upon tender of the proceeds, and re- fusal by either of them to accept, he may pay the same to any creditor, or creditors, and shall then be entitled to the benefit of this chapter. 8. When it shall be made to appear to the judge or justices who ordered the support, or to any other judge or justices, that the debtor can support himself, such judge or justices shall suspend such support until further order ; no order for suspending the payment of the allowance shall be made unless due notice be given to the debtor of the ap- plication for suspension, the debtor to be brought before the judge or justice in the manner prescribed in section five of this chapter. * * * * * When debtor I ©• Any debtor receiving such weekly allowance for the ffter Tu^p^^ort space of six months, shall then be discharged by the judge or ■justices who made the order, or any other judge or justices. Creditor, &c. IJ. Any Creditor and his representatives, may consent in debtor^ effe^ct Writing to the discharge of their debtor from custody, with- of- out losing the benefit of the judgment and execution thereon, against the property of the debtor ; and the sheriff, upon being served with such consent, shall forthwith dis- charge the debtor from custody. 524 K.S., NB. ■ Insolvent Confined Debtors. Chap. 124. 3 12. In case of the discharge of any debtor under the Discharge of provisions of this chapter, all persons shall be indemnified, iadeinnified. and are hereby freed from all suits and judgments whatso- ever that may be had or adjudged against them by reason of such discharge. 13. "When any person is or may be arrested, the sheriff Limits, when shall permit such person to have the liberty of the limits ^ °^^ ' designated for such gaol, upon his giving the said sheriff a bond with two sufiicient sureties in double the amount of the sum for which he is in custody, in the following form : — We {here insert the names and additions of the obligors) are jointly and severally bound unto , sheriff of , in the sum of , to be paid to the said sheriff. Sealed and dated this day of , A.D. 18 . Whereas the said sheriff hath permitted the said , being in his custody at the suit of A. B., to have the liberty of the limits of the gaol of County ; Now the condition of the above obligation is, that if the said shall not go out of the said limits, or escape at any time while he has such liberty, then this obligation to be void, otherwise to be in force. Signe'/, sealed and delivered in presence of For which bond the sheriff shall receive five shillings and no more ; and the sheriff or his deputy, at the request of Bond assiga- the plaintiff or his attorney, shall assign the same to the ^''^^i ^°^- plaintiff in the action by endorsement under his hand and seal ; the plaintiff may, if the bond be forfeited, bring an action thereon in his own name. The court where the Eeiiefof obU- action is brought may give such relief to the parties as is sors- agreeable to justice, and the same shall have the effect of a defeasance to the bond. 14. Should the sheriff, or his successor, require a new New limit bond from any debtor on the limits, the same shall be given ^emlndaWe by the debtor as if he were in actual custody, and on neglect, such sheriff or his successor may commit such debtor to gaol. 15« The possession by the debtor of wearing apparel and Property, bedding, kitchen utensils, and tools of his trade or calling to ed to°r9tai°^' the value of fifteen pounds, shall not prevent him having the benefit of this chapter, nor shall the same be taken in execution. 16. No sheriff or gaoler shall be liable to an action for When Sheriff acting in obedience to any order made under the provisions ""g^a'^^^^' of this chapter. If sued he may plead the general issue and ^ *' 525 Chap. 124. Insolvent Confined Debtors. E.S., N.B. give such order in evidence, nor shall he be liable to an action of escape for liberty granted to any debtor under the provisions of this chapter, iinless the debtor go beyond the limits. Render of debtor. 1'7. Any debtor having the liberty of the limits may render himself, or be rendered by his surety, to prison, in discharge of the limit bond. Power of the 18. The mayor or recorder of the city of Saint John shall colder of the Carry into execution, in the City and County of Saint John, City of Saint the several provisions of this chapter. John. OTFAWA : Printed by Rrow»» r;HAMBEBi.ipr. Law Printer to tlie Queen's MoEt Excellent Majesty. 526 CHAP. 127. OF HABEAS COKPUS. 1. If the person to whom any writ of habeas corpus is Dutyofper- directed, shall, upon personal service thereof, or leaving it ^l^^ haleaa at the place where the party is confined with the servant corpus. or agent of the person so confining, disobey the same, he ceelings.^"^"" shall be guilty of contempt, and the justice before whom the writ is returnable may, upon proof thereof by affidavit, issue a warrant to apprehend and bring such person before him, or some other such justice, that he may enter into recognizance with two sureties, to appear at the next term to answer the contempt, and in case of refusal to become bound, to conamit such person to gaol, there to remain until discharged by the court or a judge, and the recognizance shall be filed and continue in force until the court shall make an order therein ; but if the writ shall be awarded so late in vacation that, in the opinion of the judge, it can- not then be executed, it may be made returnable on some day in term, and in case of disobedience thereto, the court shall proceed in the same manner as if the writ had been awarded by the court ; if it be awarded late in the term, it may be made returnable on a day certain in vacation before any judge of the court, who shall proceed thereon in all respects as for writs issuing and returnable in vacation. 2. If the return of the writ of habeas carpus is sufficient Proceedings in law, the justice before whom it is returnable may pro- °° "'«*■"''"• ceed to examine into the truth of the facts set forth therein, and into the cause of such confinement, by affidavit, and may do therein as to justice shall appertain. If the writ shall be returned before a justice, and it appears doubtful whether the material facts set forth in the return are true, he may admit the confined person to bail to appear in the Supreme Court upon a certain day in term, which shall continue in force until the court shall make an order therein ; and the judge shall transmit to the court the written return, recognizance, and affidavit, and the court shall proceed in a summary way, by affidavit, to examine into the facts stated in the return, or shall direct an issue for the trial thereof, and shall deal with the party in the meantime as may appear just ; and when the writ is awarded by and returnable into the court, the like proceed- ings may be had. 527 2 Chap. 127. Habeas Corpus. E.S., N.B, Costs. 3. The court or justice sliall direct the payment of the expenses of bringing up the party and returning him to custody if remanded, and for non-payment shall award pro- cess of contempt, the proceedings to be as in other cases of contempt for non-payment of money. OTTAWA : Printed by Beown Chameeelin, Law Printer to the Queen's Most Excellent Majesty. 628 CHAP. 140. OF THE LIMITATION OP PERSONAL ACTIONS. ^ ^ ^ -^ 4^ •7?" W -TT ^ 5jp 2» No action for any sum of money given to the party Actions tor aggrieved, by any Act or Statute, or for any penalty, shall P^"*'**?*. brought but within two years after the cause of action, unless the time is otherwise limited by the Statute. * * * # * OTTAWA : Printed by Brown Chameerlin, Law Printer to the Queen's Most Excellent Majesty. 34 529 CHAP. 144. * OF OFFENCES AGAINST BELIGION. 4t ^ J/; TS" "JP ^W Desecrating the Lord's Day. S. Whoever shall openly desecrate the Lord's Day com- monly called Sunday, by shooting, gaming, sporting, play- ing, hunting, drinking, or frequenting tippling houses, or by servile labour (works of mercy or necessity excepted), shall for every offence pay a fine not exceeding forty shil- lings, or be committed to gaol for a term not exceeding four days. OTTAWA : Printed by Bbown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 630 CHAP. 145. OP OFFENCES AGAINST PUBLIC MORALS AND DECENCY, ■TP TT TT ^ 2. Whoever shall commit incest, shall be guilty of a mis- incest. demeanor, and be imprisoned for a term not exceeding fourteen years. 3. Whoever shall commit adultery, shall be guilty of a Adultery, misdemeanor, and shall pay a fine not exceeding one hun- dred pounds, or be imprisoned for a term not exceeding two years. * * # * OTTAWA ; Printed by Bkown Chambeklin, Law Printer to the Queen's Most Excellent Majesty. 341 531 CHAP. 161. OF TERMS, EXPLANATIONS AND GENERAL PROVISIONS. Authority, what to in- clude. IN the construction of all Acts of Assembly, the following rules shall be observed with respect to the following terms, unless otherwise expressly provided for, or such construc- tion would be inconsistent with the manifest intention of the Legislature, or repugnant to the context, that is to say : — !• Authority to appoint shall include authority at any time to displace and re-appoint ; and such authority shall extend as well to any case of death, as to a refusal or neglect to accept the office or to act therein. Authority to 2. Authority to a justice of any court to do an act, shall another may" empower any other justice of the same court to act in his act. stead when necessary ; and authority to hear shall include power from time to time to adjourn. Authority to a number, majority to act. Assizes and other Courts included un- der what. Bonds, public how to be 3. Authority to three or more persons jointly empowered to act, shall enable a majority of them to act. 4. " Assizes " shall include Courts of Oyer and Terminer and Greneral G-aol Delivery, and Nisi Prius shall mean any Circuit Court or sitting after term, and " Circuit Court " shall include all the said courts. 5- Bonds when required to be given by a public officer. taken? * shall be taken in the name of the Queen By-laws, 6. By-laws, rules, orders and regulations, when autho- be" altered,*" rized to be made, may be altered or revoked, and others &c ' made whenever necessary, but none shall be enforced if repugnant to law. Conveyance, what to mean. '7- " Conveyance " shall mean any instrument by which any freehold, leasehold estate, or interest in real estate, may be transferred or affected. Clerks, &c., how may act. 8« Clerks and other ministerial officers appointed by Government, when required to act, may do so by deputies, subject to the approA'^al of the G-overnor in Council, and the principal shall, in all cases, be responsible for the acts of his deputy. 532 E.S., N.B. Interpretation. Chap. 161. 2 9« " Captain " or " master " shall mean the officer or per- Captain or n . 1 r. 1 Master, mean- son m command, or m charge oi any company, vessel or i^g of. other thing. 10. " County " shall include city and county ; and where- County, ver any county or parish shall be bounded by any sea, what, and bay, gulf or river, it shall extend into such sea, bay, gulf or river, to the boundary of the Province, or of the adjoining county, running out the side lines thereof in the same man- ner as if it were land. 11. Any matter required to be done by or with Her Councils, Majesty's Council, or any member thereof, without specify- anf^Exe-^^ ing the Legislative Council, shall be done by or with the cutive. Executive Council, or any member thereof, as the case may be, excepting only such matters as belong to the Legislative Council or the members thereof, as a branch of the Legisla- ture. 12. " Dealt with," when used in connection with offences, "Deaitwith," shall include all proceedings necessary for the indictment, ^liattomean. trial, relief, and punishment of the offender. 13. Every word importing the singular number may ex- Certain tend to several persons or things as well as to one person or ^°^^™t** thing ; and importing the plural number, to one person or thing as well as to several persons or things ; and importing the masculine gender, to females as well as males. 14. "Executor" shall include administrator. "Executor," what to mean. 15. " Estate " or " property " shall mean real and personal Estate, and estate ; and " real estate," "land," or " lands," shall include what' t'^Tn*-'' lands, houses, tenements, and hereditaments, all right there- elude. to and incident therein. 16. " Folio " shall mean one hundred words. Folio, what. 17. Forms, when prescribed, shall admit deviations not Forms, what affecting the substance, or calculated to mislead. deviations. 18. " Grovernor " shall mean the Administrator of the Governor and G-overnment for the time being ; and " Governor in Council " c 0^0?° what the act of such Administrator, with the advice and consent to mean', and of the Executive Council. ^°^ *« =•<=*• 19. " Grantor " may include every person from whom. Grantor and and " grantee " every person to whom, any freehold estate or fXtls* *^ *° interest passes by deed. 20. " Goods " shall include chattels, and every descrip- Goods, what tion of personal property. ° me&n. 633 3 Chap. 161. Interpretation. U.S., N.B. Gaol what to 21. " G-aol " shall mean the gaol of the county where the '"''*''■ offender or person may be proceeded against. Her Majesty, 22. " Her Maiesty," or " The Queen," shall include Her to include -i ■ j ^hat. heirs and successors. Highway or 23. " Highway " or " road " shall signify any public high- road, what to ^^y^ ^^^^^ ^^ b^i^g^ Issue, to 24. " Issue " shall mean all the lawful lineal descendants tend? ° ^^' of the ancestors. Indictment, 25. "Indictment" shall include information, inquisition, to include , , what. or presentment. Justice, to im- 26. " Justice " shaL signify any justice of the peace for port what, ^^y. ^.^^^ county, or city and county. Lumber, to 27. " Lumber " shall signify timber, masts, spars, posts, Mher wood, poles, kuees, futtocks, deals and deal ends, logs, plank, boards, scantling, clapboards, laths, staves, and shingles, and any other article or thing cut or sawed from wood. Month and 28. "Month" shall signify a calendar month, and a year year, what to ^^^^^^ calendar months. Officers, ten- 29. Officers appointed and to be appointed by the Gover- ure of office. ^^^^ ^^ Grovernor in Council, shall remain in office during pleasure. Oath, and 30. " Oath," or " sworn," or " affidavit," shall include terms ^'what declaration or affirmation in the case of Quakers or Mora- to mean, and yians, or wherevcr by law declarations or affirmations may ministe^r^ ^^' ^^ substituted for an oath ; which oath, declaration, or affirmation, may be administered by any justice of the Supreme Court, the Master of the Eolls, or any Commis- sioner for taking affidavits in the Supreme Court, or by any justice of any court in which, or before a judge of which, the same is to be used, or by any person before whom the party is by law authorized or required to make any state- ment on oath ; a justice of the peace may also administer an oath, or take an affirmation or declaration in any matter over which he has jurisdiction, may swear appraisers, peti- tioners on petitions to any public individual or body, or inventories, or accounts rendered to the executors of an estate, or the like ; any person holding an enquiry by autho- rity of an Act of Assembly, or of the GoA'ernment, may also administer an oath, declaration, or affirmation, if directed. * * * # ^ ^ Overseers of 31. " Overseers of the poor" shall apply to any persons to w'honT^^ ^ having charge by law of the poor. 534 RS., N.B. Interpretation. Chap. 161. 32. Penalties, where no particular mode may be pre- Penalties, ■scribed for the recovery thereof, may be recovered with costs ^^'^""^^^ " • in the name of any one to whom the same or a part thereof may be payable, or if not payable to any one, in the name •of any person who will sue therefor, where the penalty shall not exceed ten pounds before a justice, where twenty pounds before two justices, under the chapter relating to summary convictions before justices out of sessions, the nature of the offence being briefly stated ; and where no particular mode of applying any penalty shall be prescribed, one-half there- of shall be paid to the person suing for the same, the other half to the overseers of the poor of the place where the offence was committed, for the use of the poor ; wherever offences punishable as a misdemeanor, imprisonment, or fine, the fine may be recovered in the manner herein mentioned instead of proceeding by indictment, at the option of the prosecutor. Penalties imposed shall not relieve parties from liability for damages, and an appeal from the conviction of a justice or justices shall be made in the same manner as from a judgment in a civil suit as directed in title thirty- seven, chapter one hundred and thirty-seven. 33. " Proper officer " shall mean the chief officer of the Proper officer, department, or of any officer in the department established what™^*'' at a different place from that of the principal, or of any per- son authorized by law to act in his stead. 31. " Person " mayinclude any body corporate, company, Person, to ia- or society not corporate. "^"^'^^ '"^^^ — - ' • gf 35. Parts, titles, chapters and sections of this and allPa,rt3and other Acts, shall be deemed as much a part thereof as if sbiu o^f Acts enacted ; and capital letters and numbers inserted in the effect of. sections shall be taken as referring to forms in the schedules having the like letters or numbers at the head thereof; and shall with the forms, letters, numbers, and matters con- nected therewith explain the meaning and form a part of such sections. 36. " Parish " shall include any city or town. Parish, what to meaa. 37. Quakers or Moravians may affirm in all cases where Quakers or by law an oath is prescribed, and the affirmation shall have fSng^ the like effect, and if false, be subject to the like pains as in effect off' cases of oaths. 38. " Representatives " may mean executors and admin- E«presenta- istrators. *'^^^' "^^^ ** mean. 39. " River " may mean creek, stream or brook. River, meaa- ingo 40. " Sessions " shall denote the Court of General or Sessions, and Quarter Sessions of the Peace for the county ; and " Special ^^nsri^fftto 535 denote. 5 Chap, 161. Interpretation. R.S., N.B. Sessions " shall denote a special session of the peace for the same county. Sureties and 41. " Sureties " and " security " shall in both cases meian to'mean'.^ * that the same shall be sufficient. Sheriff ■ffhen 42. " Sheriff" shall mean coroner, or other officer or to act? °" person authorized by law to act when the sheriff is inter- ested, or the office may be yacant. ShiporvesBei, 43. "Ship" or " vessel " may mean any description of ■wcattomean. ■, i. ■ • m j i, -i x j.t. vessel or boat, impelled by sails, steam, or otherwise. OTTAWA : Printed by Brown Chameerlin, Law Printer to the Queen's Most Excellent Majesty. 536 CHAR 162. or THE PROMULGATION AND BEPEAL OF STATUTES. 1- All Acts shall be deemed public, and may be declared AiiActstobe on and given in evidence witliout being specially pleaded, f^^f^^^ ^^^' 2. The clerk of the Legislative Council shall endorse on clerk of Leg- every Act the date of its passage, and the endorsement cfrtrendors& shall be held part of the Act, and shall be the date of its date of pass- commencement, unless otherwise provided. '"S' 3» Printed copies of Acts, or of rules and regulations Printedcopies made under any of them, published in the Royal Gazette, ™azetteU) be purporting to be published by the Queen's printer for the evidence of province, shall be evidence of such Acts. ^f '■ ^"'^^' 4. Any Act may be altered or repealed during the Acts may be session in w^hich it may have passed. the^same*"'' Session. 5. No Act, or portion of an Act, heretofore or hereafter No repealed repealed, shall be revived, unless by express enactment. vivU'byV*" subsequent ©• No law of the Nova Scotia Legislature, passed prior to ''^P^^'i- the erection of this province, shall have any force herein. I^"^* Seotia force in this T. Where an Act has been, or shall be repealed, wholly Province. or in part, and other provisions substituted, all persons, -*^° -*f * . bodies politic or corporate, acting under the old law, shall ofherprovi- continue to act as if appointed under the new law, until ^ions substi- others are appointed in their stead ; and all proceedings pohitments't'o taken under the old law, shall be taken up and continued ^e good. under the new, when not inconsistent therewith ; and all penalties and forfeitures may be recovered, and all proceed- ings had in relation to matters which have happened before the repeal, in the same manner as if the law were still in force, pursuing the new provisions as far as they can be adapted to the old law. 8. The repeal of an Act at any time shall not affect any Repeal of Act act done, or any right or right of action existing, accruing, anytwug^*^* accrued, or established, or any proceedings commenced in a done under it civil cause, before the time when such repeal shall take effect, but the proceedings in such case shall be conform- able when necessary to the repealing Act. 537 2 Chap. 162, Promulgation of Statutes. E.S., N.B. No offence, or 9. No offence committed, and no penalty or forfeiture suH^pending, incurred, and no proceeding pending under any Act at any to be aCfected time repealed, shall be affected by the repeal, except that the by repeal. proceedings shall be conformable, when necessary, to the repealing Act ; and that where any penalty, forfeiture, or punishment shall hare been mitigated by any of the pro- A'isions of the repealing Act, such provisions shall be ex- tended and applied to any judgment to be pronounced after such repeal. Rules and lO. All rules and regulations made under any Act before coutinue'Taiid ^^^ repeal thereof shall continue valid until altered or after repeal, annulled. Appointments n. ^w appointments, and all bonds and securities, given to continue by the parties appointed under any Ac^ at any time passed valid after and repealed, shall not be affected thereby, but remain in ^ " ■ full force ; and all offices, establishments, books, papers, and other things, made or used under any repealed Act, shall continue as before the repeal. Bonds to be 12. Bonds given to any person in his official character cesser in"''' shall on his death or removal from office pass to his suc- offico. cessor in office, who may maintain an action thereon in his own name, and transfer the same, when assignable, to the parties entitled. What may be 13. This Act may be cited as " The Revised Statutes," vised Stot- ^ adding M'^hen necessary the number of the title, chapter, ntes." and section. When this Act 14. The provisions of this Act, unless therein otherwise operation. expressed, shall come into operation on the first day bf August, in the year of our Lord one thousand eight hundred and fifty-four. OTTAWA : Printed by Brown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 638 PUBLIC ACTS OP NEW BRUNSWICK PRIOR TO THE REVISED STATUTES. 31 GEORGE 3rd, CHAP. 5. An Act for regulating Marriage and Divorce, and for pre- venting and punishing Incest, Adultery and Forni- cation . B E it enacted by the Lieutenant Grovernor, Legislative Council and Assembly, as follows : 4£f ^ ^ ' ^ ^ ^ -Jr "Ji" TV "TT 5- All causes, suits, controversies, matters, and questions Causes ia touching and concerning marriage and contracts of mar- diTOTo^^be-** riage, and divorce, as well from the bond of matrimony as fore whom ' divorce and separation from bed and board, and alimony, ^e'trieT *** 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 president, 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, and it is hereby declared, that nothing herein contained shall deprive, diminish, control, obstruct, or abridge, or be construed, deemed, or extended to deprive, diminish, control, ob- struct, 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 premises aforesaid, or any of them ; and no sentence, decree, judgment, or proceeding of the said court 639 Chap. 5. Marriage, Divorce, 8fc. 31 GrEO. 3bd. of Governor or Commander in Chief and Council, in any in- formation, prosecution, suit, or process, touching and con- cerning any marriage, or contract of marriage, or divorce, or alimony, shall take away, annul, bar, suspend, or in any wise alter or affect the right of action of any person or per- sons, for any injury or damage sustained for or by reason of any breach of any covenant or contract of marriage. * * * * * divorce °&c **' '^^^ causes for 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, An Act for Marriages to stand, notwith- standing pre-contracts, and no other causes whatsoever. n^t^bastard- ^^' Provided always, that in case of a sentence of divorce ized, or-widow from the bond of matrimony or marriage for the cause of barred of adultery, the issue of such marriage shall not in any case ' ' be bastardized, or in any way prejudiced or affected with any disability 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. * * # * OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 540 12 VIC, CHAP. 39. An Act to consolidate and amend various Acts of Assem- bly relating to the further amendment of the Law. [Passed Uth April, 1849.] WHEEEAS it is expedient that the several Acts of As- sembly relating to the amendment of the law, should be amended and consolidated into one Act : Be it therefore enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows : # * * # * CONSTRUOTION CLAUSE. 23. In any Act of the G-eneral Assembly of this province Constraction which may have been passed during or since the first year <'i*'^se. 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 things as well as one person or thing ; and every word importing the plural number shall extend and be applied to one per- son or thing as well 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 meaning is to be attached, shall not have the different meanings given to them by this clause in those cases in which there may be anything in the subject or context repugnant to such con- struction, and in which such construction could not reason- ably be supposed to have been intended. ■^ -Sts 4t: -^ -iir ■75* TV TV* ^ ^ OTTAM'A : Printed by Brown Chamberlin, Law Printer 'o the Qr.een's Most Excellent Majesty. 541 10 VIC, CHAP. 83, An Act for the Eegulation of Benefit Buildiug Societies. [Passed 14th April, 184Y.] WHEREAS certain societies, commonly called building societies, have been established in different parts of the United Kingdom of Great Britain, and in the Province of Canada, principally amongst the industrious classes, for the purpose of raising by small periodical subscriptions a fund to assist the members thereof in obtaining a small freehold or leasehold property, and it is expedient to afford encouragement and protection to such societies, and the property obtained therewith in this Province : Be it there- fore enacted by the Lieutenant Grovernor, Legislative Council, and Assembly, as follows : — Societies, for 1. It shall and may be lawful for any number of persons establishedf^^ in this province to form themselves into and establish powers, &c. societies for the purpose of raising by the monthly or other subscriptions of the several members of such societies, shares not exceeding the value of one hundred and fifty pounds for each share, such subscriptions not to exceed in the whole twenty shillings per month for each share, a stock or fund for the purpose of enabling each member thereof to receive out of the funds of such society the amount or value of his or her share or shares therein, to erect or purchase one or more dwelling house or dwelling houses, or other real or leasehold estate, to be secured by way of mortgage to such society, until the amount or value of his or her shares shall have been fully repaid to such society, with the interest thereon, and all fines or other payments incurred in respect thereof, and to and for the several members of each society from time to time to assem- ble together, and to make, ordain, and constitute such proper and wholesome rules and regulations for the government and guidance of the same, as to the major part of the mem- bers of such society so assembled together shall seem meet, so as such rules shall not be repugnant to the express pro- visions of this Act, and to the general laws of this province, and to impose and inflict such reasonable fines, penalties and forfeitures upon the several members of any such society who shall offend against any such rules, as the members may think fit, to be respectively paid to such uses 542 1847. Benefit Building Societies. Chap. 83. 2 for the benefit of such society as such society by such rules shall direct ; and also from time to time to alter and amend such rules as occasion shall require, or annul or repeal the same, and to make new rules in lieu thereof, under such restrictions as are in this Act contained ; provided that no member shall receive or be entitled to receive from the funds of such society any interest or dividend by way of annual or other periodical profit upon any shares in such society, until the amount or value of his or her share shall have been realized, except on the withdrawal of such mem- ber according to the rules of such society then in force. 2. It shall and may be lawful to and for any such society Bonus, &c., to have and receive from any member or members thereof, ■^''en not „ -u r T_ 1. usunous. any sum or sums oi money by way oi bonus on any share or shares for the privilege of receiving the same in advance prior to the same being realized, and also any interest for the share or shares so received on any part thereof, without being subject or liable on account thereof to any of the for- feitiires or penalties imposed by any Act or Acts of Assembly relating to usury. 3- It shall and may be lawful to and for any such society, Fonns of con- in and by the rules thereof, to describe the form or forms of Tc^f how'to conveyance, mortgage, transfer, agreement, bond, or other be made, instrument which may be necessary for carrying the pur- poses of the said society into execution, and which shall be specified and set forth in a schedule to be annexed to the rules of such society, and duly certified and deposited as hereinafter provided. 4. Two transcripts fairly written on paper or parchment, Kuiee of of all rules made in pursuance of this Act, signed by three ^'hom^a'ub'!. members, and countersigned by the secretary of any such mitted, &c. society (accompanied in the case of an alteration or amend- ment of rules, with an afiidavit of the secretary, or one of the officers of the said society, that the provisions of this Act have been duly complied with) with all convenient speed after the same shall be made, altered or amended, and so from time to time after every making, altering, or amend- ing thereof, shall be submitted to the barrister at law as may be appointed by Her Majesty's Attorney Greneral of this province, for the purpose of ascertaining whether the said rules of such society, or alteration, or amendment thereof, are calculated to carry into efiect the intention of the parties framing such rules, alterations, or amendments, and are in conformity to law and to the provisions of this Act, and the said barrister shall advise with the said secretary, if re- quired, and shall give a certificate on each side of the said transcripts, that the same are in conformity to law and to the provisions of this Act, or point out in what part or parts the said rules are repugnant thereto, and the barrister 543 3 Chap; 83. Benefit Building Societies. 10 YlCT. for advising as aforesaid, and perusing the rules or altera- tions, or amendments of the rules of each respective society, and giving such certificates as aforesaid, shall demand no further fee than the sum of one guinea, which shall be defrayed by each society respectively ; and one of such transcripts, when certified by the said barrister, shall be returned to the society, and the other of such transcripts shall be transmitted by such barrister to the clerk of the peace for the county wherein such society shall be formed, and by him laid before the justices for such county at the Greneral Sessions of the Peace or adjournment thereof, held next after the time when such transcript shall have been so certified and transmitted to him as aforeaid , and the justices then and there present are hereby authorized and required, without motion, to allow and confirm the same ; and such transcript shall be filed by such clerk of the peace with the rolls of the sessions of the peace in his custody, without fee or reward ; and all rules, alterations and amendments thereof, from the time when the same shall be certified by the said barrister, shall be binding on the several members and oflicers of the said society, and all persons having interest therein. To whom sub- 5. Provided always, that in any case any sueh barrister ^rtificate°° shall refuse to certify all or any of the rules so to be submit- ted for his perusal and examination, it shall then be lawful for any such society to submit the same to the Court of Greneral Sessions of the Peace, together with the reasons as- signed by the said barrister, in writing, for any such rejection or disapproval of any one or more such rules, and the justices at their said general sessions shall and may, if they think fit, confirm and allow the same, notwithstand- ing any such rejection or disapproval by any such barrister. F ee to barris- 6. Provided always, that the said barrister shall be enti- siou!" ^"'"^^^" tied to no further fee for or in respect of any alteration or amendment of any rules, upon which one fee has been already paid to the said barrister, within the period of three years ; provided also, that if any rules, alterations, or amendments are sent to such barrister, accompanied with an afiidavit of being a copy of any rules, or alterations, or amendments of the rules of any other society, which shall have been already enrolled under the provisions of this Act, the said barrister shall certify and return the same as aforesaid without being entitled to any fee for such certi- ficate. Until when, 7. No such Society as aforesaid shall have the benefit of entmld^to "* *^^^ ^^^^ unless all the rules for the management thereof benefit of Act. shall be entered in a book to be kept by the secretary of such society, and which book shall be open at all seasonable times for the inspection of the members of such societv ; 54i 184'7. Benefit Building Societies. Chap. 83. 4 but, neyertheless, nothing contained herein shall extend to prevent any alteration in or amendment of any such rules so entered, and deposited, and filed as aforesaid, or repeal- ing or annulling the same, or any of them, in the whole or in part, or making any new rules for the management of such society, in such manner as by the rules of such society, shall from time to time be provided ; but such new rules, or such alterations in, or amendments of former rules, or any order annulling or repealing any former rules, in the whole or in part, shall not be in force until the same re- spectively shall be entered in such book as aforesaid, and certified, when necessary, by such barrister as aforesaid, and until a transcript thereof shall be deposited with such clerk •of the peace as aforesaid, who shall file and certify the same as aforesaid. 8. All rules from time to time made and in force for the When rules management of such society as aforesaid, and duly entered and on whom! in such book as aforesaid, and confirmed by the justices as aforesaid, shall be binding on the several members and ofiicers of such society, and the several contributors thereto, and their representatives, all of w^hom shall be deemed and taken to have full notice thereof by such entry and contri- bution as aforesaid ; and the entry of such rules in such book as aforesaid, or the transcript thereof deposited with such clerk of the peace as aforesaid, or a true copy of such transcript, examined with the original and proved to be a true copy, shall be received as evidence of such rules re- spectively in all cases, and no certiorari or other legal pro- cess shall be brought or allowed to remove any such rules into any court of judicature of this province, and every copy of any such transcript deposited with any clerk of the peace as aforesaid, shall be made without fee or reward, except the actual expense of making such copy. 9- No rule, confirmed by the justices of the peace inWhenruJea manner aforesaid, shall be altered, rescinded or repealed, aUered!'* nnless at a general meeting of the members of such society as aforesaid, convened by public notice, written or printed, . signed by the secretary or president of such society, in pur- suance of a requisition for that purpose by seven or more of the members of such society, which said requisition and notice shall be publicly read at the two usual meetings of «uch society to be held next before such general meeting, for the purpose of such alteration or repeal, unless a com- mittee of such members shall have been nominated for that purpose at a general meeting of the members of such society -convened in manner aforesaid, in which case such commit- tee shall have the like power to make such alterations or Tepeal, and unless such alteration or repeal shall be made with the concurrence and approbation of three-fourths of the members of such society then and there present, or by 35 545 Chap. 83. Benefit Building Socielies. 10 YlCT. "What rules to ■specify. Officers, how appointed. the like proportion of such committee as aforesaid, if any shall have been nominated for that purpose. 10. The rules of every society formed under the author- ity of this Act, shall specify the place or places at which it is'intended such society shall hold its meetings, and contain provisions vy^ith respect to the powers and duties of the members at large, and of such committees or officers as may be appointed for the management of the affairs of such society : Provided always, that it shall and may be lawful for any such society to alter their place or places of meeting whenever they may consider it necessary, upon giving- notice thereof, in writing, to the clerk of the peace for the county within which such society shall be held, the said notice to be given within seven days before or after such removal, and signed by the secretary or other principal officer, and also by three or more of the members of the said society : and provided that the place or places at which such society intend to hold their meetings shall be situate within the county in which the rules of the said society are enrolled. 11. Every such society shall and may, from time to time, at any of their usual meetings, or by their committee, if any such shall be appointed for that society, elect and appoint such person into the office of trustee, president, secretary, surveyor or treasurer of such society, as they shall think proper, and also shall and may from time to time elect and appoint such other officers as shall be deemed necessary to carry ihto execution the purposes of such society, for such space of time and for such purposes as shall be fixed and established by the rules of such society, and from time to time to elect and appoint others in the room of those who shall vacate or die ; and such trustee, treasurer and all and every other officer or other person whatever, who shall be appointed to any office in any wise touching or concerning the receipt, management, or expenditure of any sum of money collected for the purpose of any such society, before he, she or they shall be admitted to take upon him, her or them, the execution of any such office or trust (if required so to do by the rules of such society to which such officer shall belong), shall become bound in a bond according to the form prescribed in the schedule to this Act annexed with two sufficient sureties, for the just and faithful execu- tion of such office or trust, and for rendering a just and true account according to the rules of such society, and in all matters lawful to pay obedience to the same, in such penal sum of money as by the major part of such society, at any such meeting as aforesaid, shall be thought expedient, and to the satisfaction of such society ; and every such bond to be given by or on the behalf of such trustee or treasurer, or of any other person appointed to any other office or trust, 546 ISil. Benefit Building Societies. Chap. 83. 6 shall be given to the clerk of the peace of the county where such society shall be established, for the time being, with- out fee or reward ; and in case of forfeiture, it shall be law- ful to sue upon such bond in the name of the clerk of the peace for the time being, for the use of the said society, fully indemnifying and saving harmless such clerk of the peace from all costs and charges in respect of such suit. 12. Every such society shall and may from time to time Committees, elect and appoint any number of the members of such ^"j^j^^" ^^ society to be a committee, the number thereof to be declared in the rules of every such society, and shall and may delegate to such committee all or any of the powers given by this Act to be executed, who being so delegated, shall continue to act as such committee for and during such time as they shall be appointed for such society, for general pur- poses, the powers of such committee being first declared in and by the rules of such society, confirmed by the justices of the peace at their sessions, and filed in the manner here- inbefore directed ; and all acts and orders of such commit- tee, under the powers so delegated to them, shall have the like force and efiect as the acts and orders of such society, at any general meeting thereof, could or might have had in pursuance of this Act : Provided always, that the transac- tions of such committee shall be entered in a book belong- ing to such society, and shall be from time to time and at all times subject and liable to the review, allowance or dis- allowance, and control of such society, in such manner and form as such society shall, by their general rules, confirmed by the justices, and filed as aforesaid, have directed and appointed, or shall in like manner direct and appoint. 13. Every person who shall have or receive any part of Treasurer, the moneys, eflFects, or funds of or belonging to any such ^g'^fn^^v^o society, or shall in any manner have been or shall be in- render, trusted with the disposal, management, or custody thereof, or of any securities, books, papers, or property relating to the same, his or her executors, administrators and assigns respectively, shall upon demand made, or notice in writing given, or left at the last or usual place of residence of such persons, in pursuance of any order of such society or com- mittee to be appointed as aforesaid, give in his or her account at the usual meeting of such society, or to such committee thereof as aforesaid, to be examined and allowed or disallowed by such society or committee thereof, and shall, on the like demand or notice, pay over all the moneys remaining in his or her hands, and assign and trans- fer or deliver all securities and effects, books, papers, and property taken or standing in his or her name as aforesaid, or being in his or her hands or custody, to the trustee or treasurer for the time being, or to such other person as such society or committee thereof shall appoint ; and in case of 35| 547 *J Chap. 83, Benefit Building Societies. 10 ViOT. any neglect or refusal to deliver such account, or to pay over such moneys, or to assign, transfer or deliver such securi- ties and effects, books, papers, and property, in manner aforesaid, it shall and may be lawful to and for every such society, in the name of the trustees or treasurer, or other principal officer thereof, as the case may be, to exhibit a petition to the Supreme Court of this province, who shall and may proceed thereon in a summary way, and make such order therein, upon hearing all parties concerned, as to such court in their discretion shall seem just, which order shall be final and conclusive ; and all assignments, sales and transfers made in pursuance of such order, shall be good and effectual in law to all intents and purposes whatsoever. Conveyance, 14. "When and so often as any person seized or possessed whIn™trQstees of any lands, tenements, or hereditaments, or other property out of juris- or any estate or interest therein, as a trustee of any iction, c. g^^gjj society, shall be out of the jurisdiction of, or not amen- able to the process of the Supreme Court of this province, or shall be idiot, lunatic, or of unsound mind, or it shall be unknown or uncertain whether he or she be living or dead, or such person shall refuse to convey, or otherwise assure such lands, tenements, hereditaments, or property, or estate, or interest, to the person duly nominated as trustee of such society in their stead, either alone or together with any continuing trustee, as occasion shall require, then and in every or any such case, it shall be lawful for the judges of the said court to appoint such person as to such court shall seem meet, on behalf and in the name of the person seized or possessed as aforesaid, to convey, surrender, release, assign, or otherwise assure the said lands, tenements, hereditaments, ■ or property or estate, or interest, to such trustee so duly nominated as aforesaid ; and every such conveyance, release, surrender, assignment, or assurance, shall be as valid and effectual to all intents and purposes as if the person being out of the jurisdiction or not amenable to the process of the said court, or not known to be alive, or having refused, or as if the person being idiot, lunatic or of unsound mind, had been at the time of the execution thereof of sane mind, memory and understanding, and had by himself or herself executed the same. Fee, when not 15. No fee, reward, emolument, or gratuity whatsoever * °^® ■ shall be demanded, taken, or received by any officer of such court for any matter or thing done in such court in pursuance of this Act, and upon the presenting of any such petition, it shall be lawful for the judges of the said court to assign counsel learned in the law, on behalf of such society, who are hereby respectively required to do their duties therein without fee or reward. 548 184:1. Benefit Building Societies. Chap. 83. 8 16. If any person who may hereafter be appointed to any ?"*'°*^'^% office in any such society, and being intrusted with the keep- pay money ing of the accounts, or having in his hands or possession, by due Society, virtue of his said oiiice or employment, any moneys or effects belonging to such society, or any deeds or securities relat- ing to the same, shall die, or become bankrupt, or insolvent, or have any execution or attachment or other process issued against his lands, goods, chattels, or effects, or property, or estate, heritable or movable, or make any disposition, assignment, or other conveyance thereof, for the benefit of his creditors, his heirs, executors, administrators, or assigns, or other person having legal right, or the sheriff or other officer executing such process, shall, within forty days after demand made in writing, by the order of any such society or committee thereof, or the major part of them assembled at any meeting thereof, deliver and pay over all moneys and other things belonging to such society, to such person as such society or committee shall appoint, and shall pay out of the estates, assets, or effects, heritable or movable, of such persons, all sums of money remaining due, which such person received by virtue of his said office or employ- ment, before any other of his debts are paid or satisfied, or before the money directed to be levied by such process as aforesaid, or which may be recovered or recoverable under the same, is paid over to the party issuing such process ; and all such assets, lands, goods, chattels, property, estates, and effects, shall be bound to the payment and discharge thereof accordingly. 17. All real and heritable property, moneys, goods, chat- Effects of tels, and effects whatever, and all titles, securities for money, Ihom^vesteZ or other obligatory instruments and evidences or muni- ments, and all other effects whatever, and all rights or claims belonging to or had by such society, shall be vested in the trustees or treasurer of such society for the time being, for the use and benefit of such society, and the re- spective members thereof, their respective executors or ad- ministrators, according to their respective claims and inter- ests ; and after the death or removal of any trustee or treas- urer, shall vest in the succeeding trustee or treasurer for the same estate or interest as the former trustee or treasurer had therein, and subject to the same trusts, without any assign- ment or conveyance whatever, and also shall for all pur- poses of action or suit, as well criminal as civil, in law or in equity, in any wise touching or concerning the same, be deemed and taken to be, and shall in every such proceeding (where necessary) be stated to be the property of the person appointed to the office of trustee or treasurer of such society for the time being, in his or her proper name, without fur- ther description ; and such person shall, and he or she is hereby respectively authorized to bring or defend, or cause to be brought or defended, any action, suit, or prosecution, . 549 Chap. 83. Benefit Building Societies. 10 Vict. Trustees, limitation of responsibi- lity. Payment to jasiX of kin, ■& J^ J^ JJU ^ ^ 'K' TT -Tf •TC" IT. When a view shall be considered necessary by the view, how court, the jury sworn to try the cause shall make the view conducted ; under charge of the sheriff, and, if necessary, of shewers to abolished, be appointed by the court ; the trial may be postponed to any other day during the sitting of the same court, and in the meantime other causes may be disposed of. The writ of view is hereby abolished. ***** OTTAWA : Printed by Beown Chambeeliu, Law Printer to the Queen's Most Excellent Majesty. 559 19 VIC, CHAP. 41. An Act in further amendment of the Law. This section is in force so far as it relates to any proceeding instituted in consequence of adultery. [Passed 1st May, 1856.] E it enacted by the Lieutenant G-overnor, Legislative Council and Assembly, as follows : ^ ^ 4£. 4£. ^L, TT ■TV* •«* TT TT B In criminsi 2. Nothing herein Contained shall render any person seif-crim?ifa- who, in any criminal proceeding, is charged with the com- tion, husband mission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself, or shall render any person compellable to answer any question intended to criminate himself ; and nothing herein contained shall render any husband competent or compellable to give evidence for oi against his wife, or any wife competent or compellable to give evidence for or against her husband, in any criminal proceeding, or in any proceeding instituted in consequence of adultery. * * # * * TTAWA : Printed by Brown Ohambeelin, Law Printer to the Queen's Most Excellent Majesty. 560 19 VIC, CHAP. 42. An Act for better securing the liberty of the subject. [Passed 1st May, 1856.] WHEREAS the present practice of bringing up prison- ers on writs of habeas corpus is attended with delay ■expense and inconvenience, not in general necessary to the purposes of justice ; Be it therefore enacted by the Lieu- tenant Governor, Legislative Council and Assembly, as follows : — !• Upon sufficient cause shown to any Judge of the On cause, Supreme Court, by or on behalf of any person confined in o?de^r*Stper any gaol or prison, such judge may and is hereby empow- of a gaol ^ ered (instead of granting his flat for a writ of habeas corpus ^\ether*a "" cum causa, requiring the keeper of such gaol or prison to bring prisoner is de- the prisoner before him in order that the legality of such Jhe^dateTnd imprisonment may be inquired into, and discharge, bail- cause. ment, or re-commitment had thereon) by order in writing signed by him, with his name, addition of office, and place of residence, to require and direct such keeper to return to him whether or no such person is detained in prison, to- gether with the day.and cause of his having been taken and ■detained. ?• It shall be the duty of such keeper immediately upon Eetumtobe the receipt of such order, to make a true and full return in ^^j"^* ^o"* °^ writing to such judge, of the day and cause of such taking pws, aud to _ and detention to the same effect as a return to a writ of '"^^'^'^^^P^^^' habeas corpus would now be made, such return always to lars. include a copy of the process, warrant, or order upon which the said prisoner is held, where the same is of a criminal nature, or upon any summary complaint or conviction before any justice of the peace ; and such judge may enforce obedience to such order by process of contempt, in the same manner as he may now compel proper return to be made to a wjit of habeas corpus. 3. Upon return to such order, the judge may proceed to ^pon return examine into and decide upon the legality of the imprison- to'^procfed.^* ment, and make such order, require such verification, and direct such notices or further returns in respect thereof, as he may deem necessary or proper for the purposes of jus- 36 561 2 Chap. 42. Liberty of the Subject. 19 ViCT. tice, and may, and he is empowered by order in -writing, signed as aforesaid, to require the immediate discharge from prison, or may direct the bailment of such prisoner in sueh manner and for such purpose, and with the like effect and proceeding as is now allowed upon habeas corpus ; such bail when ordered, to be entered into before any jus- tice of the peace specially named in such order, or any justice of the county or place where there is no such nom- ination. Keeper to in- 4. It shall be the duty of such keeper immediately upon pr'hfonerofthe ^^^ receipt of any order of a judge in relation to a prisoner order and in his custody, to communicate the same to such prisoner, obey it. ^^^ ^^ ^-^^ j^^^^ ^ ^^.^g p^py thereof, if demanded, and to obey the requirements of the same. Wilful dis- 5. Every wilful neglect or disobedience of the order of misdemeanor, a judge in relation to a prisoner shall be deemed a misde- ' meanor, and punishable as such by fine and imprisonment, or either, at the discretion of the court. Case may be 6. The matter of the return made to the order of a judge otherftan the ^lay be heard and decided on by any other judge of the Judge who Suprenae Court, who shall have the same power and juris- orde*r^ ^^^ diction in respect thereof as the judge by whom the first order was made. No order to 7. No orders made under this Act shall reqviire or enable prisoner fo* the keeper of any gaol or prison to discharge the prisoner cause not from any commitment or charge, other than that specified d?"onaf re-**^" ^^ ^uch order ; but it shall be the duty of such keeper, in turns by the every return made to a judge's order, to specify the several keeper. causes of commitment and detention, if more than one ; and if between the time of making the return and receiving an order for the discharge or bailment, any other warrant, pro- cess, or order shall have been delivered to him, requiring the detention of the prisoner upon any charge of a criminal nature or summary complaint or conviction, such keeper shall, without any further order, make and transmit to the judge an additional return, with a copy of such warrant, process, or order, and the time of receiving the same ; which may be dealt with by such judge as if made pursuant to an order for that purpose granted. Act not to 8. Nothing in this Act contained shall extend or be con- r^nfedy for strued to deprive any person who may have been falsely false impri- imprisoned, from his remedy by civil suit against any person Bonment. yf^xo may have illegally caused such imprisonment; but the judge, by whom relief may be afforded under this Act, may by his order exempt any such keeper of a gaol from civil suit who may appear to him to have acted upon the warrant 562 1856. Liberty of the- Subject. Chap, 42. or order of any judge or justice, according to the requirement of the same, without malice or evil intent, although such warrant or order may be bad in form or substance ; and any such order of exemption may be pleaded in bar to any action brought against such keeper, or notice given thereof, as an additional ground of defence, under the Act of Assemblyjin such case made and provided. OTTAWA: Printed by Bhown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 36| 563 19 VIC, CHAP. 47. An^Act to explain Chapter 120, Title XXXI, of the Re- vised Statutes, " Of Banhing." [Passed 1st May, 1856.] BE it lenacted by the Lieutenant G-overnor, Legislative Council and Assembly, as follows : — Construction Nothing in chapter one hundred and twenty, of title of BeT?sed^^° thirty-one, of the Eevised Statutes, " Of Banking," shall statutes, as extend or be construed to extend to prevent any bank legally bank-notes.*" incorporated from issuing notes or other evidences of debt for the sum of one pound, or any greater sum ; but the pro- per construction and intent of the first section of said chapter is merely to restrain and prevent every such bank from issuing any note or evidence of debt for any sum below one pound, except for the sum of five, ten and fifteen shil- lings, respectively. OTTAWA : Printed \j Beown Chamberlis, Law Printer to the Queen's Most Excellent Majrsty. 564 19 VIC, CHAP. 57. An Act to amend Chapter 138, Title XXXVII, of the Revised Statutes, " Of Summary Convictions," so far as the same may apply tb the Parish of Portland. B [Passed 1st May, 1856.] E it enacted by the Lieutenant G-oTernor, Legislative Council and Assembly, as follows : — !• In any information or complaint laid before the Port- Police Magis- land police magistrate, under any Act or Statute wherein it ?^*^ "fL*"* IS required that the same must be heard and determined by able before two or more justices of the peace (larceny or receiving *^° jnstices. stolen goods excepted), that prosecution may hereafter be made thereon and dealt with by the police magistrate or justice acting in his place. 2» When any person shall be charged with any larceny Trial of lar- or any offence of receiving stolen goods, whenever the value ceip^ of stolen of the property stolen shall not exceed forty shillings, it goods of the shall be lawful for the said police magistrate, together with may be btfo^ri any two magistrates for the city and county of Saint John, the Police forthwith to hear and determine such offence, and on con- ^^f t^^'^^other viction either by confession or on the testimony of one or magistrates, more credible witness or witnesses, the said magistrates are hereby authorized and empowered to commit the offender to the common gaol or provincial penitentiary, in the dis- cretion of the said magistrates, for any term not exceeding six months. 3. All moneys ordered or levied for fines, penalties or ah fiues and costs in any case in which the Portland police magistrate ^°^^?' ^^^^] shall preside alone or vpith any other magistrate at the trate'prestfes^ police office in the police district, shall be paid over to the to be paid to treasurer of the Portland police, when recovered, to the pur- Treasurer, poses and provisions of the Portland Police Act, anything to the contrary thereof in the Act imposing such iine, penalty or costs, notwithstanding. OTTAWA : Printed by Brown Chameeblin, Law Printer to the Queen's Most Excellent Majesty. 565 21 VIC, CHAP. 45. An Act to provide for the appointment of a Deputy Har- bour Master for the Port and Harbour of Saint John: Harbour Mas- ter, with con- sent of Oom- mou Council, may appoint a deputy. , Salary, wlience pay- able, and amount, g [Passed 6th April, 1858.] WHEEEAS the increased shipping and business of the Port and Harbour of Saint John render it necessary to provide an assistant to the Harbour Master : Be it enacted by the Lieutenant Q-overnor, Legislative Council and As- sembly, as follows : — !• The Harbour Master of the Port and Harbour of Saint John is hereby authorized and empowered from time to time, with the consent and approbation of the Common Council of the City of Saint John, to appoint a deputy, who shall be under his direction, and shall have full power and authority to execute, do and perform all and whatsoever to the office of Harbour Master of the said Port and Harbour of Saint John shall or may belong or appertain. 2. The Deputy Harbour Master hereinbefore named shall be paid such an annual salary as the Common Council may direct, out of the revenues received for harbor dues and anchorage collected at the Port of Saint John, such salary not to exceed the sum of two hundred pounds per annum. OTTAWA: Printed by Brown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 566 23 VIC, CHAP. 28. An Actio amend the Law relating to Insolvent Confined Debtors. B [Passed dth April, I860.] E it enacted by tl^e Lieutenant Grovernor, Legislative Weekly ai- Counciland Assembly,— That whenever the judge or jus- debtor may tices shall make an order for payment by the suitor of five be paid to shillings per week to the debtor, as directed by the first s^'Oiei. section of chapter one hundred and twenty-four, title thirty- four, of the Revised Statutes, "Of Insolvent Confined Debtors" such payment may in all cases be made to the gaoler or keeper of the gaol for the time being, at the gaol in which, or on the limits of which, the said debtor is confined, any- thing in the said Act to the contrary notwithstanding. OTTAWA : Printed by Brown Ohamberliu, Law Printer to the Queen's Most Excellent Majesty. 56*7 23 VIC, CHAP. 37. An Act to amend the law relating to Divorce and Matri- monial causes. B [Passed 9th April, I860.] E it enacted by the Lieutenant Grovernor, Legislative Council and Assembly, as follows : — Jarisdiction of Court of GoTernor in Council under Act 31 G. 3, c. 5, vested in a Court of divorce and matrimonial causes. !■ As soon as this Act shall come into operation, all juris- diction now vested in or exercisable by the Court of Grover- nor in Council, under the authority of an Act made and passed in the thirty-first year of the reign of His late Majesty King Greorge the Third, intituled " An Act for regulating Marriage and Divorce, and for preventing and punishing incest, adultery, and fornication," in respect of suits, controversies, and questions concerning marriage, and con- tracts of marriage and divorce, as well from the bond of matrimony as divorce and separation from bed and board, and alimony, shall belong to and be vested in a court of record, to be called " The Court of Divorce and Matrimonial Causes." Appointment of the Judge of such Court. Suits in cer- tain stages transferred. 2. The Grovernor in Council shall appoint by commission under the Great Seal of the Province, one of the judges of the Supreme Court to be the judge of the said Court for Divorce and Matrimonial Causes, who shall have power and authority to hear and determine all causes and matters cognizable therein, subject to appeal as hereinafter directed. 3. All suits and proceedings which, at the time when this Act comes into operation, shall be pending in the said Court of Grovernor in Council, shall be transferred to, dealt with, heard and decided by the said Court for Divorce and Matrimonial Causes, as if the same had been originally instituted in such court ; and the said Court of Grovernor and Council shall be abolished as soon as this Act comes into operation, except as to such suits now pending in said court in which evidence has been examined, which shall be proceeded with as if this Act had not been passed. Orders of 4. Any Order, judgment, or decree of the said Court of ernoriu^^"^" Grovemor and Council, which shall have been made before Council may this Act comes into operation, may be enforced or otherwise 668 1860. Divorce and Matrimonial Causes. Chap. 3Y. 2 dealt with by the said Court for Divorce and Matrimonia] be enforced Causes, in the same manner as if it had been originally ^oxat made by the said court under this Act. 5- In all causes cognizable in the said Court for Divorce Neglect to and Matrimonial Causes, when any person having been duly *Py^be pro^' cited to appear and answer, or required to comply with any novmced a order or decree of the said court, shall neglect or refuse to contempt; appear or to obey such order or decree, or when any person tumace capi- shall commit a contempt in the face of such court, it shall s""^"- be lawful for the court to pronounce such person in con- tempt, and thereupon a writ de contumace capiendo (A) shall issue out of said court, directed to the sheriff of the county in which such person may be, returnable on the first day of the next term of the said court, or if issued in term, return- able on any day in such term that the court may direct ; and all sheriffs, gaolers, and other officers shall execute such writ by taking and detaining the body of the person against whom the said writ shall issue. 6« Upon the due appearance and answer of any party so Absolution cited, or the obedience to any such order or decree, or the te^t'^an'd due submission of any party so having committed a con- discharge. tempt in the face of the court, the said court may, upon such terms as it shall deem just, pronounce such party absolved from any such contempt, and shall forthwith make an order for discharging such party out of custody ; and the sheriff or other officer in whose custody such per- son may be, shall on production of such order, and on pay- ment of the costs incurred by such contempt, forthwith discharge him. 7. The court may issue writs of subpoena (B), and sub- Power to pcBna duces tecum (0), commanding the attendance of wdt- p^^a^^^' nesses or the production of papers ; and any person served with any such writ shall be bound to attend and to be sworn and give evidence, and to produce papers in obedi- ence thereto, in the same manner as if it had been a writ of subpoena or subpoena duces tecum issued out of the Supreme Court in a cause pending therein. 8. The witnesses in all suits before the court, w^hen their Examination attendance can be had, shall be sworn and examined orally ; of^'*°es3es. provided that when a witness is out of the jurisdiction of the court, or when by reason of his illness or from other circumstances, the court shall not think fit to enforce the attendance of the witnesses, it shall be lawful for the court to order the examination of such witness on oath upon in- terrogatories or otherwise, before any person or persons to be named in such order ; and all the powers given to the Supreme Court and the several judges thereof, by an Act passed in the fifth year of the reign of His late Majesty 509 3 Chap. 37. Divorce and Matrimonial Causes. 23 ViCT. King William the Fourth, intituled, An Act to facilitate the examination of witnesses before trial in the Supreme Court, shall extend to and be applicable to this court. Enforcement 9. The court shall have power to enforce the performance execution. ^ of its decrees or orders, by execution (D) against the goods and chattels, lands and tenements of the party liable thereto ; and such executions shall have the same priority and effect as executions issued upon judgments in the Supreme Court. Practice and 10. The practice and proceedings of the said court shall pr cee ings. ^^ conformable, as near as may be, to the practice of the Ecclesiastical Court in England, prior to an Act of Parlia- ment made and passed in the year one thousand eight hun- dred and fifty-seven, intituled. An Act to amend the law relating to Divorce and Matrimonial Causes in England, sub- ject, however, to the provisions of this Act, and the existing rules, orders, and practice as now established in the Court of Governor and Council in this Province. Power to 11. The court shall have power to make rules and regu- make regula- ■, ,. .n i- t i t,i(.° tions as to lations concerning the practice and procedure, and the lorms ^r^c'du *°^ ^° ^® used under this Act, and to regulate the fees payable forms and' pn all proceedings therein as may be considered necessary, fees. and to alter or revoke the same or any of them as may from time to time be considered necessary. Authenticat- ed orders and ^^ v.vv.p „^^ ^^' -^^^ decrees and orders, or copies of decrees or orders ■decrees, or of the said court, sealed with the seal thereof, shall be «?FdenM \1 received in evidence in all courts. Courts. Appeal to Su- 13. Either party dissatisfied with any decision of the aiTowed."""^ court in any suit or proceeding may, under such rules and regulations as the Supreme Court may from time to time prescribe, appeal therefrom to the Supreme Court, whose decision shall be final. CourtomoT- **• 7^^ registrar of the said Court of Governor and «rnor in Couucil shall be the registrar of the Court of Divorce and R^gi°t"ar°of'* Matrimonial Causes, and shall have the custody of all the the new records and papers thereof, sign and seal the writs and pro- Court, cesses, tax the costs, and draw all the orders and decrees of the said court, and attend the sittings thereof in person or by deputy. ilttornf s^o^'^ *'"** "^^^ barristers and attorneys entitled to practise in Supreme ' ° the Supreme Court of this Province, shall be entitled to Court to be practise in the Court of Divorce and Matrimonial Causes. entitled to -^ practice in new Court. 16. The terms of the said court shall commence on the Terms. fourth Tuesdays in February, June, and October, in each 570 1860. Divorce and Matrimonial Causes. Chap. Z1. year, and shall continue for the space of ten days : Provided that the judge of the said court shall have power to con- tinue the sittings of the said court beyond the end of the said terms respectively, if the causes pending in the said court shall require it. 17. All citations, writs, or processes issued out of the ^'***^°?''' said court shall be' tested in the name of the judge of the tested inn court, and on the day of issuing the same. of t5»e Judge. name 18. AH parts of an Act made and passed in the thirty- Repeal of 3i first year of the reign of His late Majesty King G-eorge the ^^^.j' 4'-^.^ Third, intituled. An Act for regulating Marriage and Divorce, c. so, 6 w. i, and for preventing and punishing incest, adultery, andfornica- y ^*' |g^ ^** tion, as are inconsistent with the provisions of this Act, and ' also the three Acts of Assembly hereinafter mentioned, shall be repealed as soon as this Act comes into operation, namely, an Act made and passed in the fourth year of the reign of His late Majesty King "William the Fourth, intituled, An Act for the further regulation of the formation of the Court of Governor in Council, for the determination of all suits and con- troversies touching, and concerning Marriage and Divorce; also an Act made and passed in the sixth year of the same reign, intituled. An Act for altering the Terms of holding the Court of the Governor in Council for causes of Marriage and Divorce ; and an Act made and passed in the tenth year of the reign of Her present Majesty, intituled. An Act for the further regulation of the Court of Governor in Council in causes of Marriage and Divorce. 19. The forms in the schedule to this Act, or forms to the Forma in like efiect, shall be deemed of the same force as if incorporated ^*''^"^"'»- in the sections to which they refer. 20. This Act shall come into operation on the first day Commence- of July next. ""«"* of Act SCHEDULE' OF FORMS. A. Writ de contumace capiendo. [L.S.] Victoria, by the Grace of Grod, &c. — To the Sheriff" of GtREETING : Whereas is contumacious and contemns ^he jurisdiction and authority of the Court for Divorce and Matrimonial Causes (here state the non-appearance or other contempt) ; You are hereby commanded to attach the said by his body, until he shall make satisfac- 571 Chap. 31. Divorce and Matrimonial Causes. 23 ViOT. tion for the said contempt ; and how you shall execute this writ notify to the said court on the day of next, and have then and there this writ. "Witness {insert the name of the judge) at Fredericton, the day of in the year of our reign. AB., Registrar. B. Subpoena ad testificandum. [L.S.] Victoria, by the Grace of G-od, &c. — To {names of witnesses). G-reeting : We command you and every of you to be and appear in your proper persons before our Court for Divorce and Matrimonial Causes, at Fredericton, on the day of next, at o'clock in the noon, and so from day to day, until the cause or proceeding is heard,^ to testify the truth according to your knowledge, in a certain cause now in the said court depending between A.B., proponent, and CD. respondent, on the part of the said and on that day to be tried ; and this you nor any of you, shall in no wise omit, under the penalty of one hundred pounds. Witness {insert the name of the judge) at Fredericton, the day of in the / year of our reign. Subpcena duces tecum. The same as the form B. to the asterisk^, then as fol- lows : — And also that you bring with you, and produce at the time and place aforesaid {here describe shortly the deed or paper required to be produced) then and there to testify and show all and singular those things which you or either of you know, or the said deed or instrument doth import, of and concerning a certain cause now in our said court depending, &c. {as inform B. to the end.) 572 1860. Divorce and Matrimonial Causes. Chap. Z*l. D. Execvtion. [L.S.J Victoria, by the Grace of Grod, &c. — To the Sheriflf of County, GuEETiNa : Whereas by an order {or decree) lately made in our Court for Divorce and Matrimonial Causes, in a cause therein pend- ing, wherein A. B. was proponent and C. D. respondent, it was ordered that the said should pay to the said the sum of {state shortly the substance of the order) ; Therefore we command you, that of the goods and chattels, lands and tenements of the said in your bailiwick, you cause to be made the said sum of to be rendered to the said and make return on the Tues- day, in next. Witness {insert the name of the judge) at Fredericton, the day of in the year of our reign. OTTAWA: Printed by Beown Chamberlw, Law Printer to the Queen's Most Excellent Majesty. 573 24 VIC, CHAP. 8. An Act to amend the Law relating to Divorce and Matri- monial Causes. B [Passed 12th April, 1861.] E it enacted by the Lieutenant Governor, Legislative Council and Assembly, as follows : — Act 23 v.; c. 1. So much of the thirteenth section of an Act made and part repealed, passed in the twenty-third year of the reign of Her Ma- jesty Queen Victoria, intituled " An Act to amend the Law relat- ing to Divorce and Matrimonial Causes" as takes away the right of appeal to Her Majesty in Her Majesty's Privy Coun- cil, be repealed. Appeal to Her 2. Appeals from the Supreme Court, in all causes cogniz- CoMcfi'ai- able or adjudicated in the said Court of Marriage and Di- lowed. vorce, may be made to Her Majesty in Her Majesty's Privy Council, under such rules and regulations as Her Majesty may prescribe. OTTAWA -. Printed by Brown Chameeeldi, Law Printer to the Queen's Most Excellent Majesty. 5Y4 25 VIC, CHAP. 18. An Act to amend Chapter 96 of the Revised Statutes, '•' Of the Survey and Exportation of Lumber" [Passed 23rd April, 1862.] WHEREAS in and by the sixth section of chapter ninety- six of the Eevised Statutes, Of the survey and export- ation of Lumber, it is, among other things, enacted — That the surveyor shall mark or scribe on every log surveyed by him, the superficial contents thereof, with his private mark and the initials of the purchaser ; and whereas it is a com- mon practice among surveyors to mark or scribe the bark only of those logs submitted to their inspection, by which, in consequence of the bark becoming loose and disengaged from the wood, the marks are frequently lost, and the sur- vey becomes entirely useless to the owner; for remedy whereof ; Be it enacted by the Lieutenant Governor, Legislative How logs Council and Assembly, — ^That from and after the passing marked. of this Act, it shall be the duty of the surveyors to strip the bark from a space on every log submitted to them for sur- vey, which space shall be of a sufficient size. to enable them to mark or scribe thereon the superficial contents, private mark of surveyor, and initials of the purchaser's name ; and such marking and scribing shall be made on the space so stripped of the bark ; and no surveyor shall be entitled to any fee or reward for the survey of any log unless the said scribing or marking shall have been made on the wood and not merely on the bark of the log. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 5Y5 Mode of mea- snring fire- wood and bark. 25 VIC, CHAP. 19. An Act in addition to Chap. 93, Title XVII of the Revised Statutes, Of the Measurement of Firevxyod and Bark. [Passed 2Brd April, 1862.] BE it enacted by the Lieutenant Grovernor, Legislative Council and Assembly, as follows ; — 1. That every vehicle used for the measurement and carriage of wood and bark, in addition to the requirements of chapter ninety-three, Title seventeen, of the Revised Stat- utes, Of the Measurement of Firewood and Bark, shall be furnished with a straight cross-bar of wood or iron, which said crossbar shall be attached to two of the stakes of said vehicle, one on each side, by a hasp of iron at each end of the said cross-bar, fitting over a staple on each of the said stakes, and secured by an iron bolt passing through each of the said staples over the said hasps, in such a manner that the bottom of the said cross-bar shall be firmly fixed parallel with the floor of the said vehicle, and at a distance of three feet three inches therefrom, under a penalty of twenty shillings for each and every violation of this Act. Regulation of 2. No load of wood on any of the said vehicles shall be carriage o°f! pHed higher than to touch the bottom of the said cross-bar, and the said cross-bar shall be fastened down and secured in its proper place on the top of each load, as herein- before described, before the said vehicle shall leave the side of the boat or vessel from which the said vehicle has re- ceived its load, under -a penalty not exceeding twenty shillings for each and every offence. Penalties. 3. The penalties imposed by this Act shall be applied in the same way and manner and for the same purpose as pro- vided by the third section of the Act of which this is an amendment. OTTAWA : Printed by Brown Chameerlin, Law Printer to the Queen's Mo3t Excellent Majesty. 51Q B 25 VIC, CHAP. 28. An Act relating to Corporations. [Passed 2Srd April, 1862.] E it enacted by the Lieutenant Grovernor, Legislative Council and Assembly, as follows : — 1. Five or more persons associated together for any mining What Con- or manufacturing purposes, or both, may, by subscribing poration* '''^^ their names to a memorandum of association, form them- selves into an incorporated company, with a subscribed capital stock of not less than ten thbusand dollars. 2. The memorandum of association shall specify the Memorandum, name of the proposed company, the object, the capital stock, ^e*^° ^nd the number of shares into which it is proposed to be divided, with the amount of each share, the town or place within the province in which its office or principal place of business is to be established. 3. The memorandum of association shall be in the form Form of me- foUowing, or as near thereto as circumstances will admit, morandum. viz. : — MEMOKANDUM OF ASSOCIATION OF THE ST. MAEY's MILL COMPANY. 1st. The name of the company is The St. Mary's Mill •Company. 2nd. The nominal capital of the company is ,£20,000, to be divided into 2,000 shares of ten pounds each. 3rd. The office or principal place of business is to be at , in the County of York. 4th. The object of the company is th" manufacture of lumber of all kinds, and flour, with such other things as are incident to the attainment of that object. "We, the several persons whose names are subscribed, are desirous of being formed into a company, in pursuance of this memorandum of association, and we respectively agree to take the number of shares in the capital of the company «et opposite our respective names : — 2 Chap. 28. Corporations. 25 ViCT. Name. No. of Shares. John Stubbs, of Fredericton, in the County ofYork 2 Peter Snooks, of Sheffield, in the County of Sunbury ' 5 Joseph Titbit, of Stanley, in the County of York e Simon Dunn, of Northampton, in the County of York 4 David Cheek, of Norton, in the County of King's 6 Dated the day of , A. D. 1862. Memoran- 4. The memorandum of association shall be filed in the filed! office of the Provincial Secretary, who may grant a certificate thereof in the form following, or as near as circumstances^ will admit : — These are to certify that {here insert names and address of members) have this day filed in my office a memorandum of association for the incorporation of a company to be styled {here insert name of company) for the purpose of {here state the object) with a capital of to be divided into shares of pounds each, and stating that the office or principal place of business of the said Company will be- established at in the County of Dated.at Fredericton, the day of A. D. 186 . A. B., Provincial Secretary. The Provincial Secretary shall give notice in the Royal Gazette of the granting ,of such certificate, with the terms thereof. ^h^^ ^^^^^^ ^' Upon the granting such certificate, and the publica- porate.'^"'^' tion thereof in the Royal Gazette, the persons mentioned in the said memorandum of association shall be deemed to be a body corporate and politic by the name and style of for the purposes therein specified, and for such purpose shall have all the powers made incident to a cor- poration by Act of Assembly. When Bub- 6- After the granting of the said certificate, the sub- call meeting, scribers to the memorandum of association, or a majority thereof, may call a meeting of the corporation for the pur- pose of organizing the corporation, giving at least ten days' notice of the time and place of such meeting in a news- paper published in the county where the office or principal place of business is situate, or if no newspaper be pub- lished therein, then in the Royal Gazette. TTd'i'/fi*te°n ''' Notwithstanding the incorporation of any company per cent, be Under the authority of this Act, unless fifteen per centum 578 1862. Corporati ns. Chap. 28. 3 of the proposed capital stock be paid in, for the purposes of "?*^S?'^''{''" the company, within two years from the publication of the years. notice in the Royal Gazette of the filing of the memorandum of association, and a certiticate of such payment signed and verified by the oath of the directors, or a majority of them, before a justice of the peace, shall be filed in the office of the Provincial Secretary, the existence of the corporation shall terminate. 8. The stockholders shall be personally liable for all stockholders debts contracted by the said corporation before the said ^'g^tg before fifteen per centum of stock shall be paid in as required in fifteen per the preceding section pent, be paid 9. Every stockholder in any such corporation shall, to Liability of the extent of the stock held by him, be liable for every call ?*°'gtock'^g,'t,. or assessment made for the purpose of enabling the com- scribed. pany to pay its debts and carry on its operations, which may be sued for and recovered in any court of competent jurisdiction. The capital stock held by any shareholder in any such company at the time of making any call or assess- ment thereon, shall be liable to the payment thereof ; and in case of non-payment of such call or assessment at the time when the same shall be made payable, the directors are aiithorized to order a sale to be made of so many of the said shares as they may think necessary for the payment thereof, with interest and expenses ; such sale . shall be made at auction, upon not less than thirty days' notice by the president in some newspaper published in the county of the place of business of such corporation, and in case no newspaper be published in such county, then in the Royal Gazette ; and the stock shall be transferred by the presi- dent and secretary to the purchaser, who shall thereupon be entitled to a new certificate thereof; and the proceeds of such sale shall be applied towards paying the amount of such call or assessment, with interest, and the costs, charges and expenses of such notice, sale and transfer, and the residue, if any, to the former owner. 10. The joint stock and property of the corporation shall Liability for be alone responsible for the debts and engagements of the ^^^^^' company. 11« No corporation established under the authority of this Not to engage Act shall engage in the business of banking or insurance. |^„^,^r^'^^ ""^ 12. The existence of the corporation may be proved by Howexistence the production of the Royal Gazette containing the notice of prover™*'°° the filing of the memorandum of association, or the certifi- cate of the Provincial Secretary. 371 5Y9 4 Chap. 28. Corporations. 25 ViOT. Fees on filing 13. A fee of fourteen dollars shall be paid to the Provin- and^certifi™ cial Secretary for filing the memorandum of association, and cate. granting and publishing the certificate, and a fee of sixteen dollars for filing the certificate of payment. Annual re- 14. Every such corporation shall annually transmit to made. ^'^^ ^^^ olfice of the Provincial Secretary, for the information of the Legislature, a return in tTij)licate of the true state of the afiairs of the company, verified by the oath of the secretary and a majority of the directors (which oath any justice of the peace is hereby authorized to administer) made up as it existed on the first Monday in January, specifying the names of the stockholders, with the number of shares held by each, the amount of capital stock paid in, the value of the real estate and other property of the company, the debts and liabilities of the company, the debts due to the company, the amount of dividends during the preceding year, and the amount of net profits on hand. Authority for 15. Any number of stockholders who may be owners of ingto^d^-^'' one quarter of the capital stock of any such company, may Boive. call a general meeting of the stockholders for the purpose of taking into consideration the propriety of dissolving the said company, giving at least three months' notice in the Royal Gazette and any newspaper published in the county where the place of business of such company is established, of the time and place of such meeting, with the object thereof ; and if at such meeting it is determined to dissolve the said company, the stockholders are hereby empowered to take the necessary legal means to effect that object ; the directors then in office shall take immediate and eflectual measures for closing all the concerns of the corporation, and for paying the debts, and disposing of the property, and dividing the capital and property which may remain among the stockholders, in proportion to their respective interests. OTTAWA : Printed by Bbottn Chameerun, Law Printer to the Queen's Most Excellent Najesty. 580 26 VIC, CHAP. 10. An Act to amend Chapter 12t, Title XXXIV, of the Kevised Statutes, " Of Insolvent Confined Debtors." B [Passed 20th April, 1863.] E it enacted by the Lieutenant Governor, Legislative Council and Assembly, as follows: — 1. That any person confined in any gaol, or on the limits Order for thereof, for the space of six months, in any civil suit, may ™'^toeharge,. apply to any judge of the Supreme Court, on affidavit, for how obtained, relief, fourteen days' notice of such application, vv^ith copies of the affidavits, being first given to the opposite party or his attorney, who, on being satisfied that the debtor has no property, real or personal, to discharge the demand in part or in whole, or means of support, and that he has applied to a judge or justice for weekly support without success, the said judge may in his discretion make an order either for the maintenance or discharge of such debtor, the decision of such judge to be final. 2« Section nine of chapter one hundred and twenty-four. Section 9 of of title thirty-four, of the Revised Statutes, is hereby tmtxl^i'v, repealed. Re^ stat. repealed. OTTAWA : Printed by Brown Chameeklin, Law Printer to the Queen's Most Excellent Majesty. 581 27 VIC, CHAP. 8. An Act relating to the issuing of Warrants by Justices of the Peace, and in aid of Police Officers and Con- stables in the execution of their duties. Constables, &c., in the execution of their duty may demand assistance of persons at hand ; pen- alty for re- fusal. B [Passed 11th April, 1864.] E it enacted by the Lieutenant G-overnor, Legislative Council, and Assembly, as follows : — ^ ^ TT w "^r 2. The several police officers and constables in this pro- vince, now or hereafter to be elected or appointed, and sworn in their respective parishes, districts, or counties, shall have power and authority, and they are hereby s,everally author- ized when in the due execution of any warrant or other authority, written or verbal, or lawfully appertaining to them by virtue of their office as police officers or constables, and committed with the preservation of the peace, or the punishment or prevention of any felony or misdemeanor, or the taking into custody of any person charged with, or in the actual commission of any felony, misdemeanor, or breach of the peace, whenever it shall become necessary by reason of any wilful resistance to, or unlawful obstruction of such police officers or constables so acting in the due per- formance of their duty, to require any male person there present or near at hand, and being over sixteen and under sixty years of age, to aid and assist, by physical force if required, such police officers or constables in the execution of their duty ; and if any such person, when so required and called upon by such police officer or constable, shall neglect or refuse to aid and assist such police officer or con- stable he shall be liable to a fine of not more than five pounds, to be sued for, levied, and collected with costs as directed in and by chapter one hundred and thirty-eight, title thirty-seven, of the Eevised Statutes, Of Summary Con- victions, and paid over when collected to the overseers of the poor of the parish in which the offence was committed for the use of the poor thereof. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 582 27 VIC, CHAP. 18. An Act relating to the Harbor of the City of Saint John. [Passed IWi April, 1864 ] TX7HEREAS certain commissioners appointed by His W Excellency the Lieutenant G-overnor in Council, in conformity with a resolution of the House of Assembly, have in pursuance of such appointment, made a report recom- ■ mending, among other things, the establishment of a new- harbour line in the harbour of the City of Saint John ; and the mayor, aldermen and commonalty of said city have, by petition to the Legislature, prayed for the same ; — Be it therefore enacted by the Lieutenant Grovern or, Legis- lative Council and Assembly, as follows : — !• From and after the passing of this Act, no wharf, pier, "Wharyes, or erection of any kind or description whatsoever, shall be '»owfart'i|y built, erected, or extended westwardly into the harbour of into Harbour the City of Saint John on the eastern side thereof, beyond ^esteriy. thei outer or western edge of a line coloured red and styled harbour. the harbour line, shown on a plan prepared under the direction of such commissioners, and filed in the office of the common clerk of the said city, and which line is described as follows : "Beginning at a point in said line shown on said plan by the letter A near thereto (coloured red) on a southern prolongation of the west line of Simonds' Street, in the parish of Portland, at a-distance of five hundred feet from the southern side of the Straight Shore Eoad, so called ; thence easterly to a point B, distant thirty five feet due south from the most southerly point of the wharves of Messieurs Eobert Eankin & Co.; thence north-easterly to a point C, sixty feet due south from the western end of the Saint Helena wharf, so called ; thence easterly until it strikes a southern prolongation of the eastern line of the Long Wharf, so called, at a point D, distant sixty-five feet from the said wharf; thence northerly along the said southern prolongation to the said Long Wharf at E ; thence beginning at a point Gr on a western prolongation of the south line of Union Street, distant four hundred and seventy feet from the western line of Smyth Street ; thence in a south-easterly direction to a point H on the face of the Hon- orable John Kobertson's wharf, distant sixty-five feet meas- ured along the face of the said wharf from the north-wes- 583 Chap. 18. Harbor of Saint John, 21 Vict. terly end of the same ; thence in a direct line to the south- western corner of the South Market "Wharf I ; thence to a point K, distant thirty-five feet due west from the south- western corner of Merritt's Wharf; thence to the south- western corner of the Custom House "Wharf L ; thence in a direct line to a point M on a western prolongation of the southern line of Bonsall's "Wharf, so called, distant three hundred and ten feet from the western side of Prince Wil- liam Street ; thence southerly in a direct line to a point N on the extreme western point of Reed's Point Wharf, there beginning at a point on the southerly face of Seed's Point Wharf, distant one hundred and eighty feet along said southerly face from the western line of the property now in the occupation of Valentine Graves as a lumber yard ; thence to a point P, distant six hundred feet from the western side of Charlotte Street, on a prolongation of the northern side line of the breakwater ; thence towards the ring-bolt in Sunken Rock to a point Q where the said line- intersects a southerly prolongation of the eastern line of G-ermain (Street, at a distance of two hundred and ninety feet south from the southern extremity of the present breakwater " Wharves, how far they may extend into harhour easterly. Boundaries of harbour. Wharves, how to be built. 2. From and after the passing of this Act, no wharf, pier or other erection of any kind or description whatsoever,, shall be built, erected or extended eastwardly into the har- bour of the city of Saint John, on the western side thereof, beyond the outer or eastern edge of a line coloured red and styled the harbour line, shown on the aforesaid plan pre- pared under the direction of such commissioners, and filed in the office of the common clerk of said city as aforesaid, and which line, on the western side of said harbour, i& described as follows : — " Beginning at a point on said line- shown on said plan, by the letter S, near thereto (coloured , red,) on a north-easterly prolongation of the south-easterly side line of Rodney Slip, distant one thousand and six hun-^ dred and sixty feet from the north-eastern line of Union Street ; thence in a southerly direction to a point, T, on an easterly prolongation of the southerly side line of Protection Street, distant one hundred and fifteen feet from the easterly face of the breakwater there ; thence to a point, U, one hun- dred feet due east from the most eastern abutment of th& Beacon Light house.^' 3. All wharves to be erected within or on the eastern sidfr of the said line on the eastern side of the harbour, or within or on the western side of said line on the western side of said harbour, shall be of squared timber, and close built so as to prevent stone, rubbish or gravel from falling intO' the harbour ; and no ballast shall be allowed to be used in the building thereof but stone ; and the tops of such wharves shall be covered with good, sound pine, or spruce 584 1864. Harbor of Saint John. Chap. 18. 3 timber, or lumber at least six inches in thickness ; and such wharves, to the extent of sixty feet from the fronts thereof, respectively, shall be forever kept free and open for vessels to repair to and load and discharge thereat ; and no houses, or stores, or buildings of any kind, shall at any time be erected on the said spaces so hereby reserved ; and no lum- ber, or goods of any description, shall be permitted to re- main on any such spaces longer than twenty-four hours. 4. Whereas the property fronting on that part of the Owners of harbour of the city of Saint John situate between Duke jfate^and St! and Saint James Street would be greatly benefited, and the james streets Harbour made more commodious for loading and discharg- "^jj^^'^^. ing goods, if a street in continuation of Saint John or "Water der certain Street were to be laid out thereon : — It shall not be lawful conditions. for the owners of such property to build or authorize to be built, any wharf, pier or other erection on the beach or flats between the line of low water mark and the line for limiting the extension of wharves described herein, unless such owner or owners shall have first conveyed to the mayor, aldermen and commonalty of the said city, a space of not less than fifty feet in width through his or their property, ground, or flats, for the sole and exclusive purpose of con- tinuing Saint John or Water Street, from Duke to Saint James Street, as aforesaid ; but this proviso shall not entitle ProTiso. any such owner to build out to said harbour line, by grant- ing such space as hereinbefore mentioned. 5. That an Act passed in third year of the reign of Her Part of Act a present Majesty, intituled. An Act to limit the extent and regu- Jeaiedir late the building of wharves on the eastern side of the Harbour of Saint John, be and the same is hereby repealed, except so far as the same may in any way affect the legal or equitable rights of any party or parties, person or persons, under and by virtue of any indenture of lease, contract or agreement, heretofore made with the mayor, aldermen and common- alty of the city of Saint John, for which purpose the said Act, notwithstanding any thing herein contained, shall con- tinue and be in full force and effect. OTTAWA : Printed by Brown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 585 28 VIC, CHAP. 6. An Act relating to Marriage and Divorce. [Passed Sth June, 1865.] BE it enacted by the Lieutenant GrovernoT, Legislative Council and Assembly, — That all affidavits and oaths to be taken and administered in any matter now or that hereaf- ter maybe pending in the Court of Divorce and Matrimonial Causes, as also in all suits and proceedings for divorce or nullity of marriage pending in the Court of Grovernor and Council (in which evidence has been taken and examined prior to the ninth day of April, A.D. 1860), may betaken and administered by any commissioner for taking affidavits to read in the Supreme Court. OTTAWA : Printed by Brown Ohambeelin, Law Printer to the Queen's Moat Excellent Majesty. 586 B 28 VIC, CHAP. 21. An Act for the protection of Moose. [Passed 8th June, 1865.] E it enacted by the Lieutenant Grovernor, Legislative Council and Assembly, as follows : — * ^ * # # 8. The exportation or taking out of this province of any Exportation moose hides is hereby prohibited, and all moose hides hibited^; E;dea found in the possession of any person or persons shall be liable T^hen liable to to be seized and forfeited as hereinafter mentioned, unless ^^'^'"^^• the party or parties claiming such hides shall produce a certificate (A) of some one of Her Majesty's justices of the peace of the county, founded on the testimony and examina- tion on oath of the party claiming the same, that the said moose hides were not intended for exportation, or to be taken out of the Province, and that such party or parties had not killed the moose from which the said hides were taken, contrary to the provisions of this Act, within the twelve months next preceding the date of such certificate. S>. The county warden, his deputies, or parish warden. Wardens all ofiicers of the revenue, justices and constables, and they s^izeTidel*" and each of them are hereby authorized and empowered to seize all moose hides found in the possession of any person contrary to the provisions of this Act, and shall forthwith proceed before a justice of the peace residing near the place of seizure, for the forfeiture and con- demnation of the same ; such justice is required to hear the parties, after giving the party from whom the said hides were taken six days' notice of such hearing, in a summary way, and if satisfied that the moose was killed contrary to the provisions of this Act, shall condemn the said hides, and order them to be sold, and the proceeds, after deducting the expenses of condemnation, shall be paid in the manner set forth in the sixth section of this Act. lO. If the owner of any moose hides seized be not known, if owner of then and in such case the justice, on the application of the Kotkuown county warden, his deputies, or parish warden, shall cause the hides to be hides so seized to be advertised in two public places in his andYf not' 587 2 Chap. 21. Protection of Moose. 28 ViCT, claimed to be parish for the space at least of ten days, and if no claim of forfeited. ownership is made within the time named, the said justice shall condemn and forfeit the said hides, and order a sale of the same, and the proceeds shall be appropriated, after deducting the expense of such condemnation and sale, in the manner aforesaid, and keep a record of such condem- nation in a book to be kept for that purpose. •ii- ■ii' •it' -^ -^ ^ ^ ^ ^ TT SCHEDULE A. I hejeby certify, that A.B., of the parish of , in the county of , and Province of New Brunswick, has produced to me one {or two, as the case may be,) moose hides, and produced testimony to my satisfaction that such hides were not intended for exportation, and that said moose was {or were) killed by him, and that he has not killed the moose from which the hides were taken contrary to the pro- visions of the Act intituled. An Act for the protection of Moose. Dated the day of A. D. 186 . CD. Justice of the Peace. OTTAWA ; Printed by Bbown Chameeblin, Law Printer to the Queen's Most Excellent Majesty. 588 29 VIC, CHAP. 22. An Act to revive and continue an Act intituled " An Act for the regulation of Benefit Building Societies." [Passed Will April, 1866.] WHEREAS the Act of Assembly made and passed in the tenth year of the reign of Her present Majesty, iutitiiled, An Act for the regulation of Benefit Building Societies, hath, by chapter one hundred and sixty-two, title forty-one, of the Revised Statutes, Of the promulgation and repeal of Statutes, been repealed ; and whereas, at the time of the repeal of the said Act " The New Brunswick Benefit Build-' ing Society and Savings Fund" was in existence, but has since been closed, and divers mortgages made to the trustees of the said society cancelled ; and whereas, since the re- peal of the said Act " The Saint John Building Society and Investment Fund " hath been formed, and hath been in ex- istence four years and upwards ; and whert^>as, as is recited in and by the said repealed Act, it is desirable to afford encouragement and protection to the societies commonly called Benefit Building Societies, and the property obtained therewith in this Province, — Be it therefore enacted by the Lieutenant Grovornor, Legis- lative Council and Assembly, as follows : — !• The said Act of Assembly made and passed in the Actio v., tenth year of the reign of Her present Majesty, intituled. An vi'Te/^' ""■ Act for the regulation of Benefit Building Societies, shall be and the same is hereby revived and declared to be and con- tinue in full force and operation from the time of the pass- ing of this Act. ^to 2. The society now established or existing in the city of Saint John Saint John, under the name and style of " The Saint John iocietyf&c, Building Society and Investment Fund," and all Benefit protected by Building Societies hereafter to be established within this ^^"^ ■*■*''* Province, shall be entitled to the protection and benefits of the said revived Act. 3. All the proceedings and business transactions of the Acts done by said " New Brunswick Benefit Building Society and Savings ^?^|enefit iFund," and of and connected with the Saint John Building Building Society and Investment Fund, since the time of the repeal Society, &c., 6:59 2 Chap. 22. Benefit Building Societies. 29 ViCT. and St. John of the Said Act thereby revived (so far as the same shall have Socie^f&c. 1>S6^ i^ accordance with the provisions of the said Act), when valid.' shall be and shall be held to be and to have been as valid and effectual in all respects as if the said Act for the regu- lation of Benefit Building Societies had not been repealed, but had continued in force until the passing of this Act ; and all mortgages cancelled by the acting trustees of the said " New Brunswick Benefit Building Society and Savings Fund," in accordance with the rules of the said society and the said Act hereby revived, shall be held to have been duly cancelled and discharged; and the rules and regulations adopted by the members of the said " Saint John Building Society and Investment Fund " (so far as the same shall be in accordance with the terms of the said revived Act), shall be held to have been and shall continue and remain in full force and effect ; and the officers of the said society shall respectively continue until such time as they may be displaced and others appointed in their room, pursuant to the said rules ; and all moneys, securities for money, books, writings, property and effects, belonging to or made or taken in the name of such society, or the trustees thereof, shall vest in the persons now acting as trustees of the said "Saint John Building Society and Investment Fund," to the use and for the benefit, and subject to the liabilities of the said society, and so from time to time in the succeeding trustees thereof, and the said securities shall in all respects be valid and effectual according to the tenor thereof ; and the said "{>aint John Building Society and Investment Fund " shall, from its commencement, be held and taken to have been and from henceforth shall be a valid Benefit Building Society under the terms of the said Act hereby revived and continued. OTTAWA : Printed by Brown Cbamberlis, Law Printer to the Queen's lIoBt Excellent Majesty. 390 B 30 VIC, (1867) CHAP. 10. An Act to establish County Courts. [Passed Vjth June, 1867.] E it enacted by the Governor, Legislative Council and Asssembly as follows : — 32. The several County Courts and the respectiA'^e judges Power of thereof, shall have and exercise all the powers and authority Courts and vested in the Supreme Court, or the judges thereof, respec- apeainglTu- tively by chapter one hundred and twenty-four, title 1°^^?°* ^°°' thirty-four, of the Revised Statutes, Of Insolvent Con- absconding, fined Debtors, and of chapter one hundred and twenty-five, concealed or title thirty-four of the Revised Statutes, Of Absconding, ors?''' '^^*"" Concealed and Absent Debtors, and also of an Act made and passed in the twenty-sixth year of the reign of Her present Majesty Queen Victoria, chapter ten, intituled. An Act to amend Chapter one hundred and twenty -four, title thirty-four, of the Revised Statutes, Of Insolvent Confined Debtors, and of any other Act or Acts in amendment thereof. * * * # * OTTAWA : Panted by Brown Chameeelin, Law Printer to the Queens Most Excellent Majesty. 591 30 VIC, (1867) CHAP 29. An Act in amendment of twenty-fifth Victoria, Chapter 28, intituled "An Act relating to Corporations'' [Passed llth June, 1861.] Who to ad- "DE it enacted by the G-ovemor, Legislative Council and to Sontrest* -t> Assembly —That the oath required in and by the dent electors ; seventh section of the said Act, in case of the directors tifieate5 ''^'^" therein mentioned, or a majority of them, being resident in any foreign country or elsewhere out of the Province of New Brunswick, may be made and taken before any of the persons or authorities duly authorized by the laws of this Province to take the acknowledgments of deeds, or to take an affidavit to be used in any court or legal proceedings in this Province ; and the certificate by the said section re- quired may be filed at any time within two years after the payment of the said fifteen per cent, therein mentioned. OTTAWA: Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 592 30 VIC, (1867) CHAP. 34. An Act to amend Chapter 116, Title XXX, of the Kevised Statutes, " Of Bills, Notes, and Choses in Action;" also Act 12th Victoria, Chapter 39, relating thereto. B [Passed 11th June, 1867.] E it enacted by the Lieutenant G-overnor, Legislative Council and Assembly as follows : — !• That all notes, drafts or orders in writing for a sum Notes, &c., certain payable otherwise than in money, shall be deemed i^n^numey','^* and held primd facie to import that they are given for a held m prima valuable consideration in like manner as promissory notes •^f^lfue'^*''*^* for the payment of money. 41^ 4|L ^ ^ ^ TV- tS" .jr -7r ^ OTTAWA ; Printed by Brown Chameeelin, Law Printer to the Queen's Most Excellent Majesty. S8 593 ACTS OP BRITISH COLUMBIA. REVISED STATUTES. LAW OP THE FORMERLY SEPARATE COLONY OP VANCOUVER JbLAND. No. 13. A. D. 1863. An Act for Consolidating in one Act certain provisions usually inserted in Acts authorizing the taking of Lands for undertakings of a Public nature. [25th February, 1863.] WHEREAS it is expedient to establish certain conditions and proyisions upon and in accordance with which land required for undertakings or works of a public nature may be acquired, and the manner of obtaining compensation for the same : And whereas by an Act passed in the Imperial Parliament in the eighth year of the reign of Her present Majesty, and intituled " The Land Clauses Consolidation Act, 1845," the proTisions usually introduced into Acts of Parliament rela- tive to the acquisition of lands required for undertakings or works of a public nature were comprised in one general Act ; and it was by the said Act enacted that the said " Land Clauses Consolidation Act, 1845," should apply to every undertaking authorized by any Act which should be there- after passed and which should authorize the purchase or taking of lands for such undertaking, and that the said " Land Clauses Consolidation Act, 1845," should be incor- porated with such Act ; and it was also enacted that all the clauses and provisions of the said " Land Clauses Con- solidation Act, 1845," (save so far as they should be expressly varied or excepted by any such Act) should apply to the undertaking authorized thereby so far as the same should be applicable to such undertaking, and should, as well as the clauses and provisions of every other Act which should 594 E.g., B.C. Taking of Lands. No. 13. 2 be incorporated with such Act, form part cf such Act and be construed together therewith as forming one Act : And whereas it is expedient that " The Land Clauses Con- solidation Act, 1845," should apply to undertakings or works of a public nature in Vancouver Island and its dependencies, save where such Land Clauses Consolidation Act is inapplic- able from the difference of local circumstances : Be it therefore enacted by His Excellency the Governor, on Her Majesty's behalf, by and with the advice and consent of the Legislative Council and Assembly, as follows : — M, ^ J£, 4/, A^ •7^ TT -TV" "7?* TV- 12. The rate of interest payable under clause eighty-five The rate of in- of " The Land Clauses Consolidation Act, 1845," shall be *"dfr dlns"^ twelve per cent, per annum, instead of five per cent per eighty-five to annum. *'* *^^i^* P*"* cent, per * # * ^ # o?fi™ '"''"' OTTAWA : PilL ed by Brown Chameeklin, Law Printer to the Queen's Most Excell-.nt Majesty. 695 LAWS or TBE FORMERLY SEPARATE COLONY OP BRITISH COLUMBIA. No. 46. A 1863. Proclamation by His Excellency James Douglas, Com- panion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of British Columbia, and its Dependencies, Vice-Admiral of the same,&c.,&c: [18th May, 1863.] WHEREAS, under and by virtue of an Act of Parliament, made and passed in the Session of Parliament held in the 21st and 22nd years of the Reign of Her Majesty Queen Victoria, intituled : ^'^ An Act to provide- for the Government of British Columbia," and by a Commission under the Great Seal of the United Kingdom of Great Britain and Ireland, I, James Douglas, have been appointed Governor of the said Colony, and have been authorized by proclamation under the Public Seal of the said Colony, to make laws, institu- tions and ordinances for the peace, order, and good govern- ment of the same : And whereas doubts have arisen, whether the proclama- tion made and passed on the 19th day of November, A. D. 1858, imports into the said Colony the laws in force in England for the proper observance of the Lord's Day : And whereas for the better observance of the same it is expedient that all such doubts should be removed : Now, therefore, I do hereby declare, proclaim, and enact as follows : — Declares Eng- 1. The law statutory and otherwise, and the penalties iaws^n"fa^e ^"'^ *^® enforcement thereof, as at present existing and in here. force in England for the proper observance of the Lord's Day commonly called Sunday, as referred to in the schedule hereto, shall be deemed and taken to have been included in the proclamation made and passed on the 19th November, A. D. 1858, and to be of full force and effect in the said Colony, with and under the same penalties, mutatis mutan- dis in all respects as if the said laws had been specially mentioned and enacted in the said proclamation of the 19th day of November, A. D. 1858. 596 E.S., B.C. ^i Observance of the -Lords Day. No. 46. 2 2. The'schedule hereto shall be deemed part of this Act. Schedule. 3. This Act may be cited as" The Sunday Observance Act, Short title. 1863." THE SCHEDULE KEFEREED TO BY THE FOREGOING- ACT. I Car. 1, c. 1, so far as the same is applicable to the said Colony. 3 Car. 1, c. 1, so far as the same is applicable to the said Colony. 29 Oar. 2, c. "T, so far as the same is applicable to the said Colony. So much of 1 and 2 William IV, c. 32,. s. 3 as forbids the killing or hunting for game on a Sunday or Christmas Day under a penalty of five pounds and the costs of conviction. II and 12 Yic, c. 49, so far as the same is applicable to the said Colony. 13 Vic, c. 23, repealing 2*7 Hen. VI, c. 5, so far as the same is applicable to the said Colony. OTTAWA : Printed by Brown Chamberlin, Law Priater to the Queen's Host Excellent Majesty. 597 No. 65. A D. 1866. An Ordinance to amend the Law relating to Joint Stock Companies. Amended and Sections 8, 9 and 10 are provincial. The ivhole Act is re- T. i"by No. pealed by Schedule A of the Revised Statutes of Canada in so 129. j-fir as it relates to insolvency or to the winding up of compa- nies, for the winding up of which provision has been made by the Parliament of Canada. [Sth March, 1866.] Preamble. "TTTHEEEAS it is expedient that the laws relating to the VY incorporation, regulation, and winding up of trading companies and other associations should be consolidated and amended : Be it therefore enacted by the Governor of British Colum- bia, by and with the advice and consent of the Legislative Council thereof, as follows : — Repeal of B. 1. The "British Columbia Joint Stock Companies' Act," cJfll^^^ and the " Mining Joint Slock Companies Ordinance, 1864," Mining Joint are hereby repealed. Stock Ordin- im e'riai Act ^' ^^ ^^^ °^ ^^® Imperial Parliament, passed in the Ses^ The Com- sion of Parliament holden in the twenty-fifth and twenty- i862^fn^°rce ^ixth years of the reign of Her Majesty Queen Victoria, ' ' chapter eighty-nine, intituled " The Companies Act, 186 2," shall, from and after the passing of this Ordinance, be and have as far as practicable, and save as hereinafter altered and modified, the force of law in this Colony. The expreB- 3. The expression " The Court " as used therein shall, in- Cour't "''shall stead of the interpretation given thereto in clause eighty-one mean the Su- of such Act, mean the Supreme Court of Civil Justice of British ofmvii' Jus- Columbia, and any judge of such last mentioned court shall tice of British have and exercise all the powers in and by the said Act Judge'^hereof conferred upon the Lord Chancellor and Vice-Chancellor. to have pow- Chauceiior ** ^^^ power given to companies to empower any per- Power to exe- ^^^ ^® their attorney to execute deeds on their behalf, in any cute deeds out place not situate in the United Kingdom, shall apply to the ofthe United execution of deeds in this Colony, and such authority shall Kmgdom. . i i , ■ • A • /-i i . ■' „ include a power to companies m this Colony to empower an 598 E.S., B.C. Joint Stock Companies. No. 65. 2 attorney to execute deeds on their behalf in the United Kingdom. 5. All fees payable under this Ordinance, shall be the Fees payable same as those payable under " The Companies^ Act, 1862 : " thosrS^Eng- Provided however, that such shall be collected in the land, ordinary vray, and not by stamps, and be paid into the treasury of this Colony to the use of Her Majesty, Her heirs and successors. ©• Until some other person or persons shall be appointed Colonial Seo- in that behalf by the Governor, the Colonial Secretary of subSuted* British Columbia shall have and exercise all the powers and for Board of ■duties of the Board of Trade, in the said Act mentioned. Trade. The oflB.cial liquidator therein mentioned shall be appointed by the said Supreme Court of Civil Justice. 7. Notices, by the said Act required to be published in Public the gazettes and newspapers therein mentioned, shall, gfyetf.^' °^ instead thereof, be published in the Grovernment Grazette, and in such other newspapers as may be ordered. M, Al. JA, je. .u. TT ^ =7r Tf T«^ 11- The general orders and rules for regulating the prac- General tice and mode of procedure under this Ordinance in this ^^'les of 25th colony, shall be those of the High Court of Chancery in November, England, bearing date the twenty-fifth day of November, i862, in foree one thousand eight hundred and sixty-two : Provided, that it shall be lawful for the judge of the Supreme Court of Civil Justice in British Columbia, with the sanction of the Governor, to modify or alter the same when expedient. 12. This Ordinance shall be cited as " The Companies' short title. Ordinance, 1866." OTTAWA ; Printed by Brown Chambeehn, Law Printer to the Queen's Most Excellent Jlxjesty. < 599 LAWS OP BRITISH COLUMBIA AFTER THE UNION OF VANCOUVER ISLAND AND BRITISH COLUMBIA. No. 74. A. D. 1867. A.n Ordinance to provide for the taking of Oaths and ad- mission of Evidence in certain cases. [15^/1 March, 18Q1.] Preamble. V17 HERE AS it is expedient to provide for the taking of VV oaths and admission of evidence in certain cases, and to assimilate the same in all parts of the Colony of Brit- ish Columbia : Be it enacted by the Grovernor of British Columbia, vvith the advice and consent of the Legislative Council thereof, as follows : — * * * * * Indian un- 5« In any civil action, or upon any inquest, or upon any sworn teati- enquiry into any matter or complaint or otherwise, or upon aWem^certain the trial of any crime or offence whatsoever, or by whomso- cases. ever committed, it shall be lawful for any court, judge, coroner, gold or other commissioner, or justice of the peace, in the discretion of such court, judge, coroner, gold or other commissioner, or justice of the peace, to receive the evidence of any aboriginal native, or native of mixed blood, of the continent of North America, or the islands adjacent thereto, being an uncivilized person, destitute of the knowledge of G-od, and of any fixed and clear belief in religion, or in a future state of rewards and punishments, without adminis- tering the usual form of oath to any such aboriginal native, or native of mixed blood as aforesaid, upon his solemn affirm- ation or declaration to tell the truth, the whole truth, and nothing but the truth, or in such other form as may be ap- proved by such court, judge, coroner, gold or other com- missioner, or justice of the peace. Indian infor- mation how taken. 6. Provided, that in the case of any proceeding in the nature of a preliminary enquiry, the substance of the evi- dence or information of any such aboriginal native, or native of mixed blood as aforesaid, shall be reduced to writing, 600 K.S., B.C. Oaths and Evidence. No. 74. 2: and signed by a mark by the person giving the same, and verified by the signature or mark of the person acting as interpreter, if any, and of the coroner, justice of the peace, or person before whom such information or evidence shall have been given. T. The court, judge, coroner, gold or other commissioner, Preliminary or justice of the peace shall, before taking any such evidence, caution. information or examination, caution every such aboriginal native, or native of mixed blood as aforesaid, that he will be liable to incur punishment if he do not, so as aforesaid, tell the truth. 8. The written declaration or examination made, taken Indian deciar- and verified in manner aforesaid, of any such aboriginal dence.^^'' native, or native of mixed blood as aforesaid, being one of such uncivilized persons as hereinbefore described, may be lawfully read and received as evidence upon the trial of any cause, civil or criminal, in the said Colony, when under the like circumstances the written afiidavit, examination, depo- sition or confession of any person might be lawfully read and received as evidence. tF ^ ^ ^ ^ OTTAWA: Printed by Brows Chamberlin, Law Printer to the Queen's ilost Excellent Majesty. 601 No. 85. A. D. 1867. Pteamble. An Ordinance to assimilate and amend the Law prohibit- ing the sale or gift of Intoxicating Liquor to Indians. [2nd April, 18,6t.] WHEREAS it is expedient to assimilate the law pro- hibiting the sale or gift of intoxicating liquor to Indians in all parts of the Colony of British Columbia, and to amend the same : Be it enacted by the G-overnor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — * * * * # Search for lO. It shall be lawful for any officer of Customs, or for board ship. ^^J Superintendent or inspector of police, or any other officer specially appointed by the Grovernor for that pur- pose, or for any officer of Her Majesty's navy on full pay, at his discretion, to rummage and search for fermented, spirituous, or intoxicating liquor, any ship, boat, canoe, or other vessel suspected of containing intoxicating liquor for the use of Indians, and upon reasonable ground in that behalf to detain and seize the same, and bring her for the purpose of investigation and adjudication to any convenient port or place within the said Colony ; and every master of a ' ship, boat, canoe, or other vessel having on board his ship, boat, canoe, or other vessel, any fermented, spirituous, or intoxicating liquors not satisfactorily accounted for, shall forfeit and pay a penalty not exceeding one thousand dol- lars, and all such last mentioned fermented, spirituous, or intoxicating liquors shall be forfeited. Onwhat con- 11. No ship, boat, canoe, or other vessel having fer- may be sSp-'^ mented, spirituous, or intoxicating liquors on board shall red to the leave any port in the Colony of British Columbia for any Coast"^^^* part of the coast of the said Colony, or for any port or place on the coast of Eussian America, or to the northward thereof, without the master of such ship, boat, canoe, or other vessel, making a declaration in the form marked 1 in the schedule to this Ordinance, setting forth the quantities, description, and destination of such liquors as aforesaid as may be on board, and obtaining from the officer ol Customs, 602 R.S., B.C. Sale of Liquor to Indians. No. 85. at the port of departure, a permit to carry sucli liquors, whicli permit may be in the form marked 2, in the said schedule. It shall be lawful, however, for the Governor to exempt any vessel from the operation of this section of this Ordinance, whenever the circumstances shall be such as, in the opinion of such Grovemor, to render such exemption expedient and desirable. * * ■*■ # * SCHEDULE. Form 1. Shipping Bill for Fermented, Spirituous or Intoxicating Liquors. o a +i n • « O a> T3 a m (D a> 1^ o ^ o > s o CO ECO 1 o ^ ^ ^ ei-i a> s a m ^1 C3 o-S -4^ 0) s go :^ Bu ^ O (n ■J3 !- g OJ— c o OSS a-o-.S' I declare the entries in this bill to be correctly made. (Signed) , {Station of Clearance.] Dated this day of Master of the above Ship. ,18 . Form 2. Permit to carry Fermented, Spirituous or Intoxicating Liquors. •a a c 2 •°> >5 .ah: a> ffi .a Of L .a 1. o o Si a, OS- The Fermented, Spirituous or Intoxicating Liquors above described are hereby permitted to be carried and borne to the destinations and for the purposes above specified. (Signed) [ Station of Clearance.] Dated this day of [Name and description of Officer.] 18 OTTAWA : Printed by Brown Chambeblin, Law Priater to the Queens Most Excellent Majesty. 603 No. 89. A. D. 1867. An Ordinance to regulate the Solemnization of Marriage. [2nd April, 1S61.] Preamble. TI7HEREAS it is expedient to assimilate the laws regula- VV ting the solemnization of marriage in all parts of the Colony of British Columbia : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — ^ ^ ^ * ^ inmattersnot 19. Provided always, that in all matters relating to the vided°for°the mode of celebrating marriages, or the validity thereof, and law of Bng- the qualification of parties about to marry, and the consent preTa^l. of guardians or parents, or any person whose consent is necessary to the validity of such marriage, the law of Eng- land shall prevail, subject always to the provisions of this Ordinance. Who may give 20. The father, if living, of any party Under twenty-one consent. years of age, such party not being a widower or widow ; or if the father shall be dead the guardian or guardians of the person of the party so under age, lawfully appointed, or one of them ; and in case there shall be no such guardian or gtiardians, then the mother of such party if unmarried ; and if there shall be no mother unmarried, then the guar- dian or guardians of the person appointed by the Court of Chancery, if any, or any one of them, shall have authority to give consent to the marriage of such party ; and such consent is hereby required for the marriage of such party so under age, unless there shall be no person authorized to give such consent. H consent un- 21. That in case the father or fathers of the parties to be u y re use . jQ^jj-jg^^ qj qjjq Q-f them, SO under age as aforesaid, shall be non compos mentis, or beyond the seas, or the guardian or guardians, mother or mothers, or any of them, whose con- sent is made necessary as aforesaid to the marriage of such party or parties, shall be non compos mentis, or in parts beyond the seas, or shall unreasonably or from undue motives refuse or withhold his, her, or their consent to a proper marriage, then it shall and may be lawful for any person desirous of marrying in any of the before mentioned 604 K,S., B.C. Marriage. No. 89. cases, to apply by petition to a judge of the Supreme Court of Civil Justice, who shall judicially declare the same to be so ; and such judicial declaration shall be deemed and taken to be as good and effectual to all intents and purposes as if the father, guardian or guardians, or mother of the person so petitioning had consented to such marriage. TT ^ ^ T^ * OTTAWA: Printed by Brown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 605 No. 116. A.D.1869. An Ordinance to amend the Law of Partnership. Preamble. [10th Mcrch, 1869.] WHEEEAS it is expedient to amend the law relating to partnership : Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — * * * * * jldvance of money on contract to receive a share of pro- fits, not to make lender a partner. [2- The advance of money, by way of loan, to a person en- gaged or about to engage in any trade or undertaking upon a contract in writing with such person that the lender shall receive a rate of interest varying with the profits, or shall re- ceive a share of the profits arising from carrying on such trade or undertaking, shall not of itself constitute the lender a partner with the person or persons carrying on such trade or under- taking, or render him responsible as such ] * * * # * In case of bankruptcy, Ac, lender not to rank with other creditors. 6. In the event of any such trader as aforesaid being ad- judged a bankrupt, or taking the benefit of any Act for the relief of insolvent debtors, or entering into an arrangement to pay his creditors less than one hundred cents in the dollar, or dying in insolvent circumstances, the lender of any such loan as aforesaid shall not be entitled to recover any portion of his principal or of the profits or interest pay- able in respect or such loan, nor shall any such vendor of a good- will as aforesaid be entitled to recover any such profits as aforesaid, until the claims of the other creditors of the said trader for valuable consideration in money or money's worth have been satisfied. # * # * * OTTAWA : Printed by Brows Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 606 No. 128. An Ordinance to encourage the Establishment of In-A.D.i869. ° _ „ . . Amended by vestment and Loan bocieties. No. les. [20^/1 August, 1869.] TT7HEREAS it is expedient that encouragement should be Preamble. VV given to the establishment of societies having for theft- object the accumulation of money in this Colony, and the investment thereof : Be it enacted by the Grovernor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — 1. In case any twenty or more persons agree to consti- Societies how tute themselves into a society under this Ordinance, and '"'""'P'"'^ execute under their respective hands and seals a declaration to that effect, and deposit the same with the registrar of joint stock companies (who shall grant his certificate thereof, and for the granting of such certificate and receiving and registering such declaration, shall be entitled to a fee of five dollars), such persons and such other persons as afterwards become members of the society, and their several and respec- tive executors, administrators and assigns, shall be a corpo- ration, body corporate and politic, under this Ordinance, with the power to hold lands as hereinafter mentioned, by Power to hold the name and style mentioned in such declaration, for rais- 1^'^'^^., ing by periodical subscriptions, in sums not exceeding ten dollars per month, or otherwise of or from the several mem- bers of the society, in shares (not exceeding the value of five hundred dollars for each share), a stock or fund for in- vestment on real security in Great Britain or Ireland, British Columbia, or any other of Her Majesty's possessions, and for enabling persons to become members of such society at any time, either for investment of capital therein or to obtain the advance of their shares or share by giving secu- rity therefor, without being liable to the contingency of losses or entitled to participate in the profits in the business of the said society; and the certificate of the registrar of ETidence of joint stock companies, of such declaration as aforesaid Jion!^""^^' having been deposited, shall be conclusive evidence of the incorporation of the society in such certificate mentioned. The date of such certificate shall be the date of incorpora- Date of incor- tion of the society ; and the liability of the members shall poration. 607 No. 128. Investment and Loan Societies. E S., B 0. Liability of be limited to the payment of the amount unpaid on the mem ers. glxares held by them respectively. Members of 2. The several members of the society holding unad- makeruies^ vanced shares thereon, may from time to time assemble together and make such proper rules for the government of the society as the majority of the m.embers so assembled deem meet, so as such rules are not repugnant to the pro- visions of this Ordinance, or any Act or other Ordinance Impose fines ; then in foice in British Columbia ; and they may impose and inflict such reasonable fines, penalties and forfeitures upon the several members of the society infringing such rules, as such majority of the members think fit, to be respectively paid to such uses, for the benefit of the society, Amead or as the society by such rules direct ; and they may also from rescind rules, time to time amend or rescind such rules, and make ntew rules in lieu thereof, under such restrictions as are in this Ordinance contained. Society shall, by rule, de- clare objects ot Society. How money to be appro- priated. Eules to specify time and place of holding meet- ing, and de- fine powers and duties of members and officers. Election of Directors. 3. Every such society shall, in or by one or more of their rules, declare the objects for which the society is intended to be established, and thereby direct the purposes to which the money from time to time subscribed to, received by or belonging to the society shall be appropriated, and in what shares or proportions, and under what circumstances any member of the society or other person may become entitled to the same or any part thereof 4. The rules of the society shall specify the place or places at which it is intended that the society shall hold its meetings, and shall contain provisions with respect to the powers and duties of the members at large, and of the officers appointed for the management of its affairs. 5. Every such society shall from time to time elect and appoint any number of the members of the society to be a board of directors, the number and qualification thereof to be declared in the rules of the society, and may delegate to such directors all or any of the powers given by this Ordin- ance to be executed. Power of 6. The powers of the directors shall be declared by the be'deciared Tules of the society, and they shall continue to act during by rules. the time appointed by such rules, and until others are appointed. Eules to pro- vide that Treasurer shall furnish annual state- ments of funds. T' The rules of the society shall provide that the treasurer, or other principal officer thereof, shall once at least in every year prepare a general statement of the funds and effects of or belonging to the society, and the value of such effects, specifying in whose custody or possession such funds and effects are then together with an 608 R.S., B G. Investment and Loan Societies. No. 128. 3 «,ccount of all sums of money received or expended by or on account of the society since the publication of the preceding periodical statement. Every such periodical statement .shall be attested by two or more members of the society, Statement to not being directors, who shall be elected auditors for that A^udUors^ ^ purpose by the shareholders, and shall be countersigned by the secretary or clerk for the society, and every member -shall be entitled to receive from the society, without charge, a copy of such periodical statement. 8. The rules for the management of every such society Rules to be shall be recorded in a book kept for that purpose, and such [oo°k_ e m a book shall be open at all reasonable times for the inspection of the members ; and a copy of such rules shall be registered popy of Rules T ,^ • i J? • • J. i 1 • J ±-si J 1. to be certified by the registrar oi joint stock companies, and certined by by Registrar him before they shall be binding on the society. of Joint Stock 9. The rules so recorded shall be binding on the several Rules so re- members and ofiicers of the society, and the several con- bhidfag^oo'^ tributors thereto, and their representatives, and they shall members. be deemed to have full notice thereof by such record. !©• The entry of the rules in the books of the society, or Examined ^ true copy of the same, examined with the original, and ^°^^^ °e^/i"'* proved to be a true copy, shall be received as evidence dence. thereof. 11. No rules, so recorded as aforesaid, shall be altered or Rules not to rescinded, nor shall any rule be created except at a general cep^/aTa*^ ^^" meeting of the members convened by public notice, written special gene- or printed, signed by the secretary or president of the ■'ai meeting, society, in pursuance of a requisition for that purpose made Meeting to by not less than fifteen of the members, stating the objects j^^reh m ^ °^ for which the meeting is called, and addressed to the pre- representing sident and directors, and unless such general meeting do °°*'^^^*'^*"? consist of not less than one-third of the shareholders present ced st^olX^and in person or by proxy, representing not less than two-thirds majority 'coa- of the unadvanced stock of such society, and the majority uug.'" ^"^' of such members present as aforesaid do in writing under -their hand concur in such alteration or repeal of buch rule, or in the creation of any new rule ; and no such rule shall Rules not to be deemed to have been altered, repealed or created, until ed^™^tu aiter- the alteration, repeal, or creation, shall have been assented ationassented to by the registrar of joint stock companies, in writing un- tra^'o^jf-n" der his hand. Each member of the society shall, within ^tock Co°s°' .fifteen days after the receipt of such requisition by the presi- Members to dent or treasurer, be notified by circular of the proposed ^^ "lot'^ed of alterations, repeal, or addition. teStions.''^" 12- "When any share or shares in the capital of any society Shareholder has or have become due and payable to the holder thereof, pa'ld'np maV' ie may either withdraw the amount of such share or shares receive or in- 39 609 i No. 128. Investment and Loan Societies. E..S., B.O^ vest the from the said society, according to the riiles and regulations- amount. thereof, or invest the amount of his said share or shares as. fixed or permanent stock of the society, and receive there- from periodically such proportion of the profits made by such society as may be provided for by the rules of the Permanent society. The moneys invested in fixed and permanent stock ferabie'oniy. ^^Y ^^^t be vpithdrawn therefrom, but may be transferred in the same manner as other shares in the same society. Except in Hi. Except in the case of the withdrawal of a member drawa°f mem- according to the rules of the society then in force, no mem- bers not to ber shall receive, or be entitled to receive from the funds of [n'share^™^'^ the socicty, in respect of any share which is not invested as- other than in permanent stock, any interest or dividend by way of annual s"ck*untii '^^ other periodical profit upon any share in the society, un- maturity. til after the expiration of the term for which such share was originally granted, or such shorter period as, under the rules. of the society, may have been substituted therefor. Society may 14. Every such society may from time to time limit the ofshare" and iii^iber of shares to be granted, and, except in cases pro- may charge vided for in section twelve, may charge a premium on any a premium on ^^q-^ share, new shares. Shares may be 15. Every such socicty may, after reasonable notice in forfeited. writing, declare forfeited to the society the shares of any member who is in default, or who neglects to pay the number of instalments or monthly subscriptions fixed by any stipulation or by-law, and may expel such members Members may from the Society, and the secretary shall make a minute of be expelled, g^^^h forfeiture and expulsion in the books of the society. Society may 16. In case any payment either on account of subscrip- sue members. .(- JQjjg^ instalments, fines, or for expenses in relation to any security, or otherwise, is due or payable to any such society from any member thereof, the same may be recovered by action or suit in the usual manner. In certain 17. In case a sub-committee of directors is appointed for of Direot(wr^ any particular purpose, the powers delegated to them shall to be recorded be reduced to writing, and entered in a book, by the secre- s°oci°ety.' "^ t^^'y or clerk of the society. Election of 18- The directors shall choose a president and vice- Vicl-p'resi-"'^ president, and they shall in all things delegated to them dent. act for and in the name of the society, and a concurrence of Concurrence a majority of the directors present at any meeting shall at Directovs'^ °^ ^^^ times be necessary in any act of the board ; and no bus- necessary, iness shall be transacted at any meeting of directors, unless- Quorum to be a quorum of directors, as prescribed by the rules, be present. present. thereat. 610 ES., B.C. Investment and Loan Societies. No. 128. •> 19. The transactions of the directors shall be entered in ^}°^?^^^^^^ a book belonging to the society, and shall at all times be ^ be entered subject to the review of the society, in such manner and in books of form as the society by their general rules shall direct and "'^^^ ^' appoint. 20. All acts and orders of such directors under the Acts of Djr- powers delegated to them shall have the like force and binding, effect as the acts and orders of the society at the general meeting. 21- The directors shall from time to time, at any of Iheir Directors at usual meetings, appoint such persons as they shall think "p^p^lnf *° proper to be ofiicers of the society, grant such salaries and officers, emoluments as they deem fit, andpiy the necessary expenses attending the management of the society ; and shall from time to time, when necessary, elect such persons as may be necessary for the purposes of the society, for the time and for the purpose expressed in the rules of the society ; and JffiJers for in- shall from time to time, for incompetence or misbehaviour, competence or discharge such persons, and appoint others in the room of misbehaviour, those who vacate, die, or are discharged. 22. Every such officer or other person appointed to any Officers ap- ofiice in anywise concerning the receipt of money shall, be- ceire^money" fore entering upon the duties of his office, execute a bond, to give with two sufficient sureties, in such form and for such security. amount as the directors determine, for the just and faithful execvition of his office, according to the rules of the society. * * * # # 24. Every such society may take and hold any property Society may or securities thereon, bond fide mortgaged or assigned to it, fuTS'wnw'by either to secure the payment of the shares subscribed for by foreclosure of its members, or to assure the payment of any debts due to ^°/rt'^™''j®a*^o the said society, and may become the absolute owner thereof it.""^ ^"^^ by foreclosure. 25. Whenever any such society has received from a Amended by [shareholder] an assignment, mortgage, or transfer of any ^°' ^^°" property to secure the payment of any advance made by, or casel'sodety debt due to, such society, and containing an airthority to may proceed such society to sell such property in case of non-payment of w "aTe*^&f any stipulated number of instalments or sums of money, and ' to apply the proceeds of such sale to the payment of the advances, interest, and other charges due to the society, such stipulations and agreements shall be valid and binding, and the society may cause the same to be enforced ; and may proceed on any such security for the recovery of the moneys thereby secured, either at law or in equity, or otherwise, and generally may also pursue the same course, exercise the m 611 ■6 No. 128. Investment and Loan Societies. R.S., B.C. After default for 3 months successively Society may sell property held Iq mort- gage. same powers, and take and use the same remedies, to enforce the payment of any debt or demand due to the society as any person or body corporate may by law take or use for a like purpose. ~6. In case of default being made in payment of any sum of money secured, or intended to be secured, by any deed of security taken by any such society, or any part of any such sum, for the space of three months successively after any or either of the days or times at which the same became pay- able, it shall be lawful for such society to offer the property comprised in any such deed of security, or any part or parts of such property, for sale by public auction, and either together or in parcels. Representa- 27. If a^y person appointed to an office by the Society, ceased officers and being intrusted with and having in his possession, by of Society to yirtue of his office, any moneys or effects belonging to the papers aud society, OT any deeds or securities relating thereto, dies or moneys after becomes bankrupt or insolvent, his legal representative, or emaa . other pcrsou having a legal right, shall within fifteen days after demand made by the orders of the directors of the society, or the major portion of them assembled at any meeting thereof, deliver over all things belonging to the society to such person or persons as the directors appoint. Ordinance to extend to aliens, &c., but no feme coverte or in- fant to be a Director. How Society may invest surplus funds. Amount Society may borrow lim- ited. 28. This Ordinance shall extend to aliens, denizens, females, co-partners, and corporate bodies. Femes covertes and infants may hold shares in any society incorporated under this Ordinance, in the same manner as male adults ; and for the purpose of dealing with such shares, shall be considered as femes soles or male adults respectively ; and this Ordinance shall be construed in the most beneficial manner for promoting the ends thereby intended ; but no feme coverte or infant shall be a director of any such society. 29. Every such society may invest any surplus funds in the stocks of any chartered bank in, or other public security of, the Colony ; and all dividends, interest, and proceeds arising therefrom shall be brought to account and be applied to the use of the society, according to the rules thereof. 30. Every such society by its rules, regulations or by- laws authorized to borrow money, shall not borrow, receive, take or retain, otherwise than in stock and shares in such society, from any person or persons, any greater sum than three-fourths of the amount of capital actually paid in on unadvanced shares, and invested in securities or in property by such society ; and the whole of the property and capital of the society shall be liable for the amount so borrowed, received or taken by any such society. 612 R.S , B.C. Investment and- Loan Societies. No. 128. 7 31. Any such society may hold absolutely real estate for ll^^^^f^"^! the purposes of its place of business, not exceeding the business. annual value of three thousand dollars in any one place, exclusiye of the improvements which may be made by any such society thereon. 32. Such society shall not be bound to see to the execu- Society not^ tion of any trust, whether expressed, implied or construe- J trast^o^" tive, to which any share or shares of its stock may be subject ; which its and the receipt of the party in whose name any such share ?*°f '' '""^ or shares stand in the books of the society, or if such share or shares stand in the names of more parties than one, the receipt of one . of the parties shall from time to time be a suificient discharge to the society for any payment of any what receipt kind made in respect of such share or shares, notwithstand- sufficient. ing any trust to which such share or shares may then be subject, and whether or not such society has had notice of such trust ; and the society shall not be bound to see to the application of the money paid upon such receipt. 33. No portion of the funds of any society established ^°J°^^^ ^° ^^ \inder this Ordinance shall be advanced to any or either of Sfrector.^ the directors of such society, nor to nor for his or their use, upon any security or otherwise ; and should any advance ^^1^^^'^^'^^°'^ be made contrary to the spirit of this Ordinance, the director [oan to^fay a or directors receiving the same shall forfeit to the society a ^^^f^^^ sum equal to ten times the amoimt so advanced, and shall amount re- cease to be a director of such society. ceived. 34. Every such forfeit or fine may be recovered before a Recovery of stipendiary magistrate of British Columbia, in a summary ^"^' way, by warrant of distress of the goods and chattels of such director or directors. In case of default of payment of such forfeit or fine, and of the insufiiciency of such distress, such director or directors shall be liable to imprisonment for a term not exceeding twelve calendar months, at the dis- cretion of the magistrate who shall have issued the warrant of distress. iJ5. In case any director or directors, the secretary and Offi' ers who treasurer, or secretary, or treasurer, or clerk of any such ™ribror*com- society shall take, charge, or receive any bribe, commission mission to or gratuity for negotiating any loan from, or procuring any to'incnrapen" advance to be made by any such society, such person or aity of |5oo. persons shall incur a penalty of five hundred dollars, and shall, upon conviction thereof, be removed from ofiice, and forfeit to the society all his or their interest in such society. 36. If the directors of any such society shall declare any beUaWe^or' di^ddend when the society is known by them to be insol- debts if divi- vent, or any dividend, the payment of which would to their ^^j^^'^'^the^*'^^'^ knowledge render it insolvent, they shall be jointly and society is 6L3 S No. 128. Investment and Loan Societies E..S., B.C. known by severally liable to the extent of the aggregate amount of solvent.'''''" the dividend so declared, for all the debts of the company then existing, and for all that shall be thereafter contracted, so long as they shall respectively continue in oflB.ce : Pro- vided always, that if any of the directors shall be absent at the time the dividend or dividends shall be so declared, or shall object thereto, and shall forthwith file their objection in writing with the secretary or clerk of the society, they shall be exempt from the said liability. No portion of 37. Inasmuch as the stability of societies established c[etT to be°' ^^*ier this Ordinance will depend in great measure on the divided until valuation of the assets of such societies, and the division of which the "se- ^^^ profits from time to time found or declared to have been cxirities held made by such societies, no such society shall be at liberty by the Society ^q (Jiyide any of the profits found or declared to have been ued shall have made by such society, until [the table on which the securities been sanctto-t- /jg^^ by such Society have been valued shall have been sanctioned &CL u I Q/tt OttlCBT tobeapvoiited or approved of by such officer as the Governor or officer admin- bytheOover- isteving the Government may from time to time appoint; and if any dividend shall be paid on or in respect of any share in the capital of such society before such table as aforesaid shall have been sanctioned or appro ced as aforesaid, each of the directors who shall not have objected thereto, and shall not have filed his objection in writing with the secretary or clerk of the society, before any such payment, shall incur a penalty of five hundred dollars.] When the as- 38. In the mouth of December in each year, the assets of to be Ta°ued^ the society shall be valued, and the accounts audited ; and and accounts on or before the fourteenth day of the month of January then audited^ following', a return, duly verified by the declarations of the Return to be auditor and treasurer, shall be made to the Colonial Secretary, made to Col- in which shall be stated in a tabular form : — The nominal capital ; The actual capital ; The number of unadvanced shares held in accumulating stock, and the amount paid thereon ; The amount of permanent stock not deposited as security for moneys advanced by the society ; The amount borrowed or received on deposit ; The nature of the presumed assets, with a concise state- ment of the securities in a tabular form ; The losses and expenses during the year ; The profits divisible per share ; And such other information as the Grovernor or officer administering the G-overnment shall, from time to time, by notice published in the Grovernment Gazette, order or require. 614 U.S., B C. - Investment and Loan Societies. No. 128. 9 39. If any society established under this Ordinance makes ^If^^^^^l^ ■default in making a return to the Colonial Secretary, in com- making re- pliance with the foregoing directions, such society shall turn. incur a penalty not exceeding twenty-five dollars for every day during which such default continues. 40. Upon the application of one-fifth in value of the Examination holders of unadvanced shares in any society established goc^ty by^ under this Ordinance, the Grovernor or officer administering inspector ap- the Government may appoint one or more inspectors to ^""oyernor. ^^^ examine into the affairs of the society, and to report thereon in such manner as he may direct. 41. It shall be the duty of all officers and agents of the Pow'ers of in- «ociety to produce for the examination of the inspectors ^P^*=*°''- all books and documents in th,eir custody or power. Any inspector may examine upon oath the officers and agents of ihe society, in relation to its business, and may administer fiuch oath accordingly. If any officer or agent refuses to produce any such book or document, or to answer any question relating to the affairs of the society, he shall incur a penalty not exceeding twenty-five dollars in respect of such offence. 42. Upon the conclusion of the examination, the Inspec- Result of ex- tors shall report their opinion to the Colonial Secretary. how°deaU ISuch report shall be written or printed, as the Colonial 'fi't'- Secretary directs. A copy shall be forwarded by the Colonial Secretary to the registered office of the society, and a further copy shall, at the request of the shareholders upon whose application the inspection was made, be delivered to them, or to any one or more of them. All expenses of and inci- dental to any such examination aforesaid, shall be defrayed by the shareholders upon whose application the inspectors w^ere appointed. 43. Any society registered under this Ordinance may, in Power of a general meeting, appoint inspectors for the purpose of poSunspe*^" examining into the affairs of the society. The inspectors so tor. appointed, shall have the same powers and perform the same duties as inspectors appointed by the Governor or officer administering the Government, with this exception ; that, instead of making their report to the Colonial Secretary, they shall make the same in such manner and to such per- sons as the society in general meeting directs ; and the officers and agents of the society shall incur the same penalties in case of any refusal to produce any book or document to such inspectors, or to answer any questions, as they would have incurred if such inspectors had been appointed by the Governor. 44. A copy of the report of any inspectors appointed official copy under this Ordinance, authenticated by the seal of the society ^Lpfct'orf to 615 be eridence. 10 No. 128. Investment and Loan Societies. E.S., B.C.. Recovery of penalties other than those pro- Tided for in Sectioa 34. into whose affairs they have made inspection, shall be admissible as evidence in any legal proceeding. 45. All offences under this Ordinance, other than those- provided for by section thirty -four of this Ordinance, made pttnishable by any penalty, may be prosecuted summarily before two or more justices, in manner directed by an Act- passed in the Session holden in the eleventh and tw elfth years of the Eeign of Her Majesty Queen Victoria, chapter forty-three, intituled '^ An Act to facilitate the performance of the duties of Justices of the Peace out of Session, within Eng- land and Wales, with respect to summary convictions and orders." Application of penalties. Service of notice. 46. The justices imposing any penalty under this Ordin- ance, may direct the whole or any part thereof to be applied, in or towards payment of the costs of the proceedings, or in or towards the rewarding the person on whose information or at whose suit such penalty has been recovered ; and sub- ject to such directions, all penalties shall be paid to the treasurer of the Colony; and shall be carried to the credit- and form part of the revenue of the Colony. 47. Notices requiring to be served by the company upon shareholders, may be served either personally, or by leaving the same, or sending them throtigh the post office in a letter addressed to the shareholders at their registered places of abode. In case of joint owners of a share, on ■whom notice to be served. 4S. A 11 notices directed to be given by the societies shall,, with respect to any share to which persons are jointly entitled, be given to whichever of the said persons is named first in the register of the societies, and notice so given shall be sufficient notice to a.l proprietors of such share. How notice to be advertised. 49. All notices required by this Ordinance to be given by advertisement, shall be advertised in a newspaper circu- lating in the city or district in which the registered office of the society is situated. Provision as 50. The provisions of any Ordinance or Act for the time of compan^"^ being in force in British Columbia, relating to the winding up of companies, shall apply to all societies incorporated. under this Ordinance. Interpretation clause. 51. The word '"society" in the foregoing sections of this Ordinance shall be understood to include and to mean any society, company, or institution established under the pro- visions and authority of this Ordinance; the word "rules" to include rules, orders, by-laws, and regulations ; and whenever in this Ordinance in describing or referring to 616 E.S., B.C., Investment and Loan Societies. No. 128. 11 any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as "well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it otherwise be provided or there be something in the subject or context repugnant to such construction. 52. This Ordinance may be cited for all purposes as Short title. " The Investment and Loan Societies Ordinance, 1869." OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Moat Excellent Majesty. 617 No. 129. A. D. 1869. Vide No. 65. Preamble. Repeals Act of 1860 An Ordinance respecting " The Companies' Ordinance, 1866." This Act is repealed by Schedule A of the Revised Statutes of Canada in so far as it relates to insolvency or to the winding' up jof companies, for the winding up of which provision has been made by the Parliament of Canada. [20th August, 1869.] WHEREAS it is expedient to amend " The Companies' Ordinance, 1866," and also to extend the provisions thereof to that part of this Colony formerly known as Yan- conver Island and its dependencies : Be it enacted by the (xovernor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — !• The " Vancouver Island Joint Stock Companies' Act, 1860," is hereby repealed; but such repeal shall not inval- idate any acts heretofore done, or alFect any rights acquired under such Act. Registrar. Interpreta- tion of terms. Ordinance 2. From and after the passing of this Ordinance, " The tended. ^^" Companies' Ordinance, 1866," and all the provisions and enactments thereof shall, save as hereinafter modified, have full force and effect throughout the Colony. 3. The G-overnor may from time to time appoint such person as he shall think proper to act as Registrar of Joint Stock Companies. 4. The expression, " the court" used in section three oi"The Companies' Ordinance, 1866," shall in its interpretation also mean the " Supreme Court of Yancouver Island," and every chiefjustice or judge thereof ; and the words "the Supreme Court of Civil Justice" in section six of the said Ordinance, shall be construed to mean the Supreme Court of the Main- land of British Columbia and the Supreme Court of Van- couver Island respectively, and any chief justice or judge thereof. Rules or Or- 5. All the words after the figures " 1862 " in clause eleven varied.^''^ ^ of the said Ordinance, are hereby repealed ; and instead there- of the following words shall be read as part of such clause : — 618 E.S,, B.C. Joint Stock Companies. No. 129. i " provided that it shall be lawful for the chief justice or judge of either of the said Supreme Courts of this Colony, with the sanction of the Grovernor, to vary or modify such rules or orders as occasion may require." 6. The said " Companies' Ordinance, 1866," and this Companies' Ordinance shall be construed and read together as one isse, to be' Ordinance, and be cited as " The Companies' Ordinance, ^f^^ '^'^^ 1869." Short title. OTTAWA ; Printed by Brown CHAMBEKLiif, Law Printer to the Queen's Most Excellent Majesty. 619 No 157. A. D. 1871. An Act to regulate Elections of Members of the Legis- lature of this Colony. [22nd March, 1811.] Preamble. TTTHEREAS by a proclamation, bearing date thethirteenth VV day of October, eighteen hundred and seventy, and issued by the Governor of this Colony, under and by virtue of the powers and authorities conferred upon him by the ''British Columbia Act, 1810," and by the Order of Her Majesty in Council, bearing date the ninth day of August, eighteen hundred and seventy, made in pursuance of the said Act, certain provisions (amongst other things) were made as to the regulation of elections of members of the Legislative Council : And whereas it is desirable to amend the law as estab- lished by the said proclamation, by making other and further provisions as to the regulation of the elections of Members of the Legislature : Be it therefore enacted by the G-overnor and Council, with the advice and consent of the Legislative Council, as follows : — ■Af* JZ. .iL- .U. .Si. ^ .^ =Tf -^^ ^ In any indict- 103. It shall be suf&cient, in any indictment or informa- thi^Ac?. ^'^ tion for any offence committed contrary to this Act, to allege the particular offence charged upon the defendant, and that the defendant is guilty thereof, without mentioning the writ of election, or the return thereof, or the authority of the returning officer founded upon any such writ of election. On the trial, 104. It shall not be necessary, on the trial of any suit or need not be Prosecution under this Act, to produce the writ of election, produced. Or the return thereof, or the authority of the returning officer, founded upon any such writ of election, but general evidence of such facts shall be sufficient evidence. Limitation of 105. Every action, suit or information given by this Act this Act. ^^ shall be commenced within the space of one year next after the act committed, and not afterwards. ^ M, ^ ^ M. TP -TT TT "TV" -J?" OTTAWA : Printed by Brown Chambbrlis, Law Priater to the Queen's Most Excellent Majesty. 620 No. 158. An Act to prevent Bribery, Treating, and Undue In-A. d.isti. fluence at Elections of Members of the Legislature. [21th March, ISTl.] WHEEEAS it is advisable to prohibit and, as far as pes- Preamble, sible, to prevent by legislative enactment, all bribery, treating, and undue influence at elections of Members of the Legislature : Be it therefore enacted by the Governor of British Colum- bia, with the advice and consent of the LegislatiA'e Council thereof, as follows : — jf, 4£. J£. 4£, .U. =rf TV- ■TT -TT "ff" 14. It shall not be lawful for any court to order payment Prosecutor of the costs of a prosecution for any offence against the pro- °;tied°to^costa visions of this Act, unless the prosecutor shall, before or unless he upon the finding of the indictment or the granting of the enteie^d^rat information, enter into a recognizance, with t^vo sufiicient recognizance sureties, in the sum of two hundred and fiftv dollars (to be *° conduct , TTT-Ti 111 -T- prosecution acknowledged m like manner as would be now required m and pay costs. cases of certiorari awarded at the instance of a defendant in an indictment) with the conditions following, that is to say : that the prosecutor shall conduct the prosecution with effect, and shall pay to the defendant or defendants, in case he or they shall be acquitted, his or their costs. 15. No person shall be liable to any penalty or forfeiture Limitation of hereby enacted or imposed, or to be tried for a misdemeanor ^<=*'°°3- or other offence under this Act, unless some prosecution, , action, or suit for the offence committed, shall be commenced against such person within the space of one year next after such offence against this Act shall be committed, and unless such person shall be summoned or otherwise served with writ or process within the same space of time, so as such summons or service of writ or process shall not be prevented by such person absconding or withdrawing out of the juris- diction of the court out of which such writ or other process shall have issued as aforesaid, the same shall be pro- ceeded with and carried on without any wilful delay. 16. In any indictment or information for bribery or General aiie- undue influence, and in any action or proceeding for any f^^Un in?" penalty for bribery, treating, or undue influence, it shall be dictments. 621 2 No. 158. Corrupt Practices at Elections. R.S., B.C. sufficient to allege that the defendant was at the election at or in connection with which the offence is intended to . be alleged to have been committed guilty of bribery, treat- ing, or undue influence (as the case may require) ; and in any criminal or civil proceedings in relation to any such offence, the certificate of the returning officer in this behalf shall be sufficient evidence of the due holding of the election, and of any person therein named having been a candidate thereat. In actions for IT. On the trial of any action for recovery of any tils^&c'^'to'^' pecuniary penalty under this Act, the parties to such action, be competent and the husbands and wives to such parties respectively. ■witnesses. shall be competent and compellable to give evidence, in the same manner as parties and their husbands and wives are competent and compellable to give evidence in actions and suits under the Acts of the Parliament of Grreat Britain and Ireland, fourteenth and fifteenth Victoria, chapter ninety- nine, and " The Evidence Amendment Act, 1853," so far as the same are in force in this Colony, but subject to and with the exceptions contained in such several Acts : Provided always, that any such evidence shall not thereafter be used in any indictment or criminal proceeding under this Act against the party giving it. *M, Mf JiU -itf tt tt tp tt OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Meet Excellent Majesty. 622 No. 165. An Act to amend the " Investment and Loan Societies A. d. isti. Ordinance, 1869." [28 4/. ^ 4£. ^ ^ ^ ^ -tF OTTAWA : Printed by Brown Chambbblin, Law Printer to the Queen's Most Excellent Majesty. m 62*7 No. 168. A.D. 1871. Preamble. An Act to exempt (in certain cases) Cattle farmed on shares, and their increase, from the operation of anj Bankruptcy or Insolvency Laws. [Both March, 1871.] WHEREAS it is expedient that encouragement should be given to the keeping and raising of cattle in British Columbia : Be it enacted by the Grovernor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows : — Agreement to !• In all cases where any person shall entrust another beTe^rstered! "^i*^ cattle to be kept and farmed on shares by such other, ' and where the agreement between the said parties, or a true copy thereof, together with an affidavit by the parties to the agreement, of the residence and also ot the occupation (if any) of the parties to the agreement, and of the bund fide nature thereof, and of the number of each description of animal so to be entrusted, and of the brand or other dis- tinctive mark on each of the animals for the time being so entrusted, and also of what the owner's brand or mark con- sists, is registered by being left in the office of the Registrar Greneral of titles in Victoria, if the cattle referred to in the agreement is to be kept and farmed in Vancouver Island, or if the cattle referred to in the agreement is to be kept and farmed in any other part of British Columbia, then by being left in the office of the stipendiary magistrate of the district in which the land on which the said cattle are intended to be farmed and kept is situated, or in the office of some other person appointed in that behalf, within thirty days after the delivery of the cattle to the farmer, or within thirty days after the signing of the said agreement by either of the parties thereto, whichever shall first happen. And where notice of the agreement shall within the thirty days afore- said be given in manner hereinafter provided, the cattle and all substituted cattle, and the share or interest of the owner of the cattle and substituted cattle, in the increase thereof respectively, shall be deemed to be in possession of such owner, and shall not be affected by any law now or here- after to be in force in British Columbia relating to bank- ruptcy or insolvency, in consequence of the farmer or other person in whose actual possession the same may be, being . 628 After notice, cattle to be deemed to be in possession of owner. E.S., B.C. Cattle Exemption. No. 168. 2 the reputed owner thereof: Provided, that no substituted cattle shall be protected from the operation of any such law, unless such cattle shall have been branded or marked before the time at which any such law would otherwise aifect the same. 2. Substituted cattle shall not be deemed to have been Substituted branded or marked, until branded or marked with the brand branded as^ or mark mentioned in the affidavit to be registered as afore- described m said, as being the brand or mark of the owner of the cattle S'®^^''!*- described in the affidavit. 3. The affidavit aforesaid may be in the form marked A Form of affi- in the schedule hereto, and may be taken by and be made company*"* before the Registrar G-eneral or st ipendiary magistrate, or agreement, other person as aforesaid, or by and before any judge, jus- tice of the peace, registrar, depiity registrar, or clerk of a court having a seal, or by and before any notary public practising within the Colony ; * * # 4. Every notice required by this Act shall, before the Notice to b& expiration of the time prescribed for the giving of such advertised. notice, be advertised for one week at least in one or more of the daily or other newspapers published in Vancouver Island or other part of the Colony, as aforesaid ; and the notice shall be headed " Cattle farmed on shares," and may be in the form B in the schedule hereto ; but there shall be set forth therein the date of the agreement, the names and places of abode of the parties thereto, and also the name of the farmer, and the number of each description of cattle to be farmed. 5. A list of all such agreements as are in force shall be Registrar published in the Grovernment Gazette during the month of ^''vv''?\'°+ January in each year, by the Registrar G-eneral. agreements \n GoTernment 6. In cases where by any agreement or a copy whereof is ^^®'*f' registered under this Act, a certain number of cattle is to'^cIttienoT agreed to be entrusted as aforesaid, and such cattle shall landed over not have been entrusted to the farmer at the time of the regJs'trfttioa. registering of the agreement, or copy thereof, and described in the affidavit registered therewith, the cattle aforesaid, which shall at any time or times thereafter be entrusted in pursuance of the agreement, and shall be described by the parties thereto in an affidavit registered in the office afore- said, shall not be aifected by any law aforesaid relative to bankruptcy or insolvency, in consequence of the farmer or other person, in whose actual possession the same may be, being the reputed owner thereof, if the affidavit (which may be in the form C in the schedule hereto) is registered in the office aforesaid, within thirty days after the entrusting of any of the cattle which shall have been subsequently en- fi2fl No. 168. Cattle Exemption. E.S., B.O trusted, and the number of each description of cattle intended to be thereby protected, and the date of the en- trusting of the same respectively, and also the brand or other distinctive mark on each animal is set forth in the affidavit. Registrar General to enter particu- lars of agree- ment in Reg- ister. Form. 7. The said Registrar G-eneral and every stipendiary magistrate and other person as aforesaid, immediately on receiving any such agreement, or copy thereof, and affidavit for registration, shall enter particulars thereof in a register to be kept by him for that purpose, and such entry shall be made in form B in the schedule hereto. Agreement 8. When such agreement, Or copy thereof, with affidavit be kept'wit'h ^^ aforesaid, is left in the office of the stipendary magistrate, Magistrate, or other person as aforesaid, the agreement shall not be be'sent to^ *° deemed to have been registered until a copy of the docu- Registrar ments intended to be registered shall also have been left in the same office, and such copy shall, when received, be for- warded by the first opportunity, free of charge, by the magistrate, or other person as aforesaid, to the Registrar G-eneral, to be deposited in his office. Genera!. Fees for regis tration. Search. 9- The said Registrar Greneral,and every stipendary magis- trate, and other person as aforesaid, shall be entitled to receive for registering every agreement, or a copy thereof, and affidavit as aforesaid (including the taking of any affi- davit), the sum of two dollars, and no more ; and any person shall be entitled to search the register on payment of the sum of twenty-five cents for each search. Index books to be kept, showing names of per- sons holding cattle under agreements. lO. The Registrar General and stipendary magistrate and other person appointed as aforesaid, shall keep an index book showing, in alphabetical order, the names of all farm- ers holding cattle under agreements registered in his office, and the Registrar G-eneral shall also keep an index book in manner aforesaid, of all duplicates of agreements or copies as aforesaid, transmitted to him as hereinbefore provided. 11. Fee. Any agreement may be cancelled on application of the parties thereto, or on an order to be obtained for that purpose from a judge of the Supreme or County Court, who is hereby authorized to make such order, in such manner and on such terms as he shall think fit. The production of an office copy of such order shall be sufficient authority for the proper officer to enter a memor- andum of cancellation on any agreement, or copy thereof, as aforesaid. Every such order shall be filed by the -officer aforesaid, and a fee of fifty cents charged therefor. 630 R.S , B 0. Cattle Exemption. No. 168. 4 12. In the construction of this Act the word " cattle " t? ^'^i™^^ shall extend to and include horses, mares, fillies, foals, geld- ings, colts, bulls, bullocks, cows, heifers, steers, calves, sheep, pigs, mules and asses. The word " farmer " shall mean and include any person to whom cattle shall be entrusted to be kept and farmed on shares. ' The words " substituted cattle " shall mean and include any cattle substituted for any of the cattle which shall have been en1 rusted to a farmer for the purposes aforesaid. The word " increase " shall mean and include the issue of " cattle " and of " substituted cattle," or of either. 13- This Act may be cited as the " Cattle Exemption Act, Short title. isn." SCHEDULE. Form A. I, , of , make oath and say, as follows : — 1. The agreement [or a copy whereof is] hereto annexed, and marked A, was signed by us A. B. on the day of , 18 , and C. D., on the day of , 18 ; and I, the said A. B., then resided at , and was* , and the said C. D., then resided at , and wasf as I 2. The cattle to be farmed by , of , on the terms in the agreement mentioned are cows, bulls, and ; of this cattle cows oiily had up to and in- clusive of the day of , been entrusted to the said 3. And we, the said , further make oath and say that the cattle aforesaid was, at the date of the execution of the said agreement, the absolute property of me the said , and was and is bond fide intended to be farmed according to the true meaning of the said agreement. 4. The animals which have been so entrusted, are res- pectively branded or marked as follows : — [set forth the brand or descriptive mark on each animal.] The brand of the said is and (his) mark is * If not in any business or employment, state so. t City, district or island, or otlierwise, as the case may be. 631 No. 168. Cattle Exemption. Form B. Cattle Farmed on Shares. NOTICE OF AGREEMENT. E.S., B.C. PARTIES CATTLE. FAEMEB. Name. Residence. Occupation. Date. No. of each description. Name of. (Signed) A.B. CD. Form C. I, , of , make oath and say, as follows : — 1. The cattle entrusted to the keeping of CD., on the day of ,18 , and on the day of 18 , to be farmed by him on the terms of the agreement (dated the day of , and made between A.B. and CD.,) registered in the office of on the day of , are cows, bulls^ and sheep. 2. The animals which have been so entrusted are respec- tively branded or marked as follows : — [set forth the brand or descriptive mark on each animal.] 3. The brand of the said A.B., is and (his) mark is Sworn before me, this day of 18. OTTAWA : Printed by Bhowji Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 632 ACTS OP PRINCE EDWARD ISLAND. REVISED STATUTES. 20 GEO. Ill (3ed SESSION) CHAP. 3. An Act for the due observance of the Lord's Day. WHEEEAS the due observance of the Lord's Day in this Island has been hitherto much neglected, and many abuses of the same have been committed, to the manifest prejudice and dishonor of religion, and the shameful viola- tion of public decorum and good order : 1. Be it therefore enacted, by the Grovernor, Council, and No person Assembly, in order that all persons may be restrained from ghopj&c.^nor such indecent and irregular conduct in future, and may be sell or send prompted to apply themselves to the rational duties of "" the^iford's religion and true piety, both publicly and privately, no Day. tradesman, storekeeper, or any other person or persons whatsoever, shall hereafter open, or cause or suffer to be opened, his, her, or their shop or storehouse, or, either by himself or herself, or by his or her servant or servants, child or children, sell, expose, or offer to sale, upon any bulk, stall or shed, or send or carry out any manner of goods or merchandise on the Lord's Day, or any part thereof ; Pro- Milk and fresh vided nevertheless, that this Act shall not extend to pro- goid'be^re*9 hibit any persons from selling or exposing to sale milk and a.m. and after fresh fish, before the hour of nine o'clock in the morning, ^ ^ ™' and after five of the clock in the afternoon of the said day, 2. And be it further enacted by the authority aforesaid. No labor or That no truckman, driver of carts, labourer, or other person perfomied! ■whatsoever, shall hereafter do or perform any labour, work or business appertaining to his or their respective ordinary callings or professions, or other worldly labour, or suffer the same to be done by his, her, or their child or children, servant or servants, either by land or by water (works of necessity and charity only excepted) or practise, or suffer 633 2 Chap. 3. Observance of the Lord's Day. 20 Geo. III. Nor any sport to be practised, any sport, fowling, fishing, game, play or practise™.^ pastime whatsoever, in any of the county towns, or other, parts or places wheresoever within this Island, on the Lord's Day or any part thereof, upon pain, that every person so offending, upon conviction thereof by the oath of one credible witness, before any of His Majesty's justices of the peace in this Island or upon view of such justice, shall, for every such Penalty often otfence, forfeit and pay the sum of ten shillings; the same ea' h'°ff^ ^°^ *° ^® levied, in case of non-payment, by warrant of distress and sale made of the offender's goods — all fines and penalties How to be incurred by this Act to be applied to the use of the poor, and applied. disposed of at the discretion of the justice or justices before Justices to whom the offenders shall or may be convicted ; the said keeparecord iustice or justices to keep a record of the fines levied and disposed of by them. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excpllent Majesty. 63 i 59 GEO. Ill, CHAP. 2. An Act to prevent Acts of the General Assembly from taking effect from a lime prior to the passing thereof. WHEREAS every Act of the General Assembly, in Clerk of which the commencement thereof is not directed to ^ndorae on be from a specific time, doth commence from the first day of every Act tha the session of the General Assembly in which such Act is anJy'ear"^ passed ; and whereas the same is liable to produce great when the and manifest injustice, for remedy whereof : Be it enacted rg^l/e'^the by the Lieutenant Governor, Council and Assembly, That GoTemor's the Clerk of the Council shall endorse in English, on every gha*?be'^he^'' Act of the General Assembly which shall pass after the date of its third day of November, one thousand eight hundred and ^™"'^"''^" eighteen, immediately after the title of such Act, the day, month and year when the same shall have passed, and shall have received the Governor, Lieutenant Governor or Com- mander-in-Chief's assent ; and such endorsement shall be taken to be a part of such Act, and to be the date of its commencement, where no other commencement shall be therein provided. OTTAWA : Printed .by Beown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. r,.35 5 WM. IV, CHAP. 10. An Act for establishing a Court of Divorce in this Island, and for repealing a certain Act therein mentioned. WHEEEAS it is necessary, in order to the keeping up of a decent and regular society, that the matrimonial union be protected, and that a court be constituted for cases All suits of divorce and alimony: Be it therefore enacted by the riTge'a^d"^'^' Lieutenant Governor, Council and Assembly, That, from and divorce to be after the publication hereof, all causes, suits, controversies, determined by ., -^ , j.- j. tI- j • ■ Lt. Governor matters and questions toucnmg and concerning marriage, and Council, and contracts of marriage, and divorce, as well from the bond BtitutTd^a°°' of matrimony, as divorce and separation from bed and board, Court for that and alimony, shall and may be heard and determined by and purpose. before the Lieutenant Grovernor or other Administrator of the Grovernment, and His Majesty's Council ; and that the Lieutenant Grovernor, or other Administrator of the Gl^overn- ment, and Council aforesaid, or any five or more of the said Council, together with the Lieutenant Grovernor, or other Administrator of the Government, as President, be and they are hereby constituted, appointed and established a court of judicature in the matters and premises aforesaid, with full Proviso. authority, power and jurisdiction in the same : Provided, Nothing in and it is hereby declared, that nothing herein contained coiftr'orthe shall deprive, diminish, control, obstruct Or abridge, or be rights of any Construed, deemed or extended to deprive, diminish, con- an^^no sen- *^°^' obstruct or abridge, in any manner, the rights, powers, tence of Court authority, judicature or jurisdiction of the Court of Chan- nor'and °^*'^' ^^^Y^ *^^ °^ ^^^ Supreme Court of Judicature, or of any infe- Councii to rior court of this Island, in and touching the matters and r^Sno*faction P^^^i^^^ aforesaid, or of any of them ; and that no sentence, of any person, decree, judgment or proceeding of the said Court of Lieuten- ant Governor, or other Administrator of the Government, and Council, in any information, prosecution, suit or process,, touching and concerning any marriage, or contract of marri-, age, or divorce, or alimony, shall take away, annul, bar, suspend, or in any wise alter or affect the right of action of any person or persons for any injury or damage sustained for or by reason of any breach of any covenant or contract of marriage. *o^ Times of hold- 2. And be it further enacted. That the said Court of the Ltf Governor Lieutenant Governor, or other Administrator of the Govern- and Council, ment, and Council, for the purposes and causes herein men- 636 1835. Court of Divorce. Chap. 10. 2 tioned, shall commence and be held on the second Monday in May, in each and every year, with power to adjourn from time to time. 3. And whereas the arduous affairs of Government may Lt. Governor render it impossible for the Lieutenant G-overnor, or other chfef Justice Administrator of the Government, at all times to preside in to preside in person in the said court : Be it therefore enacted, that it '''^ ^'^*'^" shall and may be lawful for the Lieutenant Governor, or other Administrator of the Government, by warrant or commission, under his hand and seal of this Island, to de- pute, constitute and appoint the chief justice of the Supreme Court of Judicature to preside in his place and stead in the said Court of the Lieutenant Governor, or other Administra- tor of the Government, and Council, and to have, hold and exercise all the powers, privileges, authority and jurisdic- tion as are hereby given and granted to the Lieutenant Governor, or other Administrator of the Government, in the same court, in all causes, matters and things therein cogniz- able by this Act. 4. And be it further enacted, That the causes of divorce Causes of from the bond of matrimony, and of dissolving and annul- '^'^■^'=*- ling marriage, are and shall be frigidity or impotency, adul- tery, 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 " An Act for marriages to stand, nottvithstanr/ing pre-contracts," and no other causes whatsoever. 5» Provided always, and be it further enacted. That in ProTJso. case of a sentence of divorce from the bond of matrimony i^ case of as aforesaid, the issue of such marriage shall not in any case is^ile "ifot to be bastardized, or in any way prejudiced or affected with bastardized, any disability thereby : Provided also, that the wife in such barred^T''* case shall not be thereby barred of her dower, or the hus- dower, nor band be deprived of any tenancy by the courtesy of Eng- pHTeTof ^ten- land, unless it shall be so expressly adjudged and deter- ancy, unless mined in and by such sentence of divorce. ^^ sentence. ©• And be it further enacted, That an Act of the General Repeals 3 w. Assembly of this Island, made and passed in the third year establishing of the reign of His present Majesty, intituled "An Act for Court of establishing a Court of Divorce, and for preventing and pun- "°^'^^- ishing incest, adultery and fornication," and every matter, clause and thing therein contained, shall be, and the same is hereby repealed. 3 Chap. 10. Court of Divorce. 6 "Wm. IV. Suspending T. Provided always, That nothing in this Act contained shall have any force or effect until His Majesty's pleasure therein shall be known. *,* This Act received the Royal allowance on the 28th A'pril, 1836, and the notifi- cation thereof was published in the Royal Gazette newspaper of this Island on the 1th June, 1836. OTTAWA: Printed by Bbowh Ohaubeelin, Law Printer to the Queen's Most Excellent Majesty. 638 7 WM. 17, CHAP. 29. An Aet for vesting all estates and property in this f^f^^^^^ Island belonging to, or occupied for the Ordnance Ser- 19. vice, in the principal officers of His Majesty's Ord- See^note at nance, and for granting certain powers to the said principal officers. XI /"HERE AS divers lands, tenements, estates and other » T hereditaments in this Island, have been reserved in many of the grants of land from the Grovernment of this Island, and otherwise set apart for the use of the Depart- ment of His Majesty's Ordnance, and have been placed tinder the charge of the said Department, or of the Admin- istrator of the Government, or Commander of His Majesty's forces, in the said Island ; and whereas it may be expedient that such parts of the said lauds, tenements, estates and hereditaments, with the messuages thereunto belonging, as may not be wanted for the service of the said Department, should from time to time be sold and disposed of ; and whereas for effectuating such sales it is necessary that all and every the said messuages, lands, tenements, estates and other hereditaments so reserved or set apart for the service of the said Ordnance Department, and any other messuages, lands, tenements, estates and other hereditaments that may be hereafter purchased for the service of the said Depart- ment, should be vested in the principal oihcers of His Majesty's Ordnance for the time being: Be it therefore Lands re- enacted by the Lieutenant Governor, Council and Assembly, apTA'^for the That immediately from and after the passing of this Act, service of the all messuages, lands, tenements, estates and other heredita- 2nf°1i "build- ments which have been heretofore reserved or set apart for inga thereon, His Mai est V, or his royal predecessors, and his or their heirs T«?te4 '■? *^^ and successors, for the use or service of the said Ordnance officers of that Department, and, all erections and buildings which now are department. or which shall or may be hereafter erected and built thereon, together with the rights, members, easements and appur- tenances to the same respectively belonging, shall be and become, and remain and continue vested in the principal officers of His Majesty's Ordnance in Great Britain for the time being, and their successors in the said office, according to the respective nature and quality of the said messuages, lands, tenements, estates and other hereditaments, and the several estates aad interests of and in the sam3 heredita- 639 2 Chap. 29. Ordnance Property. *7 Wm. IV. ments respectively, in trust for His Majesty, His heirs and successors, for the service of the said Ordnance Department or for such other public service or services as the said prin- cipal officers, or their successors in the said office, shall from time to time order and direct. sLands to be 2. And be it further enacted, That from and after the chfTaed auS'^'^' purchase and conveyance, grant or demise thereof, all other also the build- messuages, lands, tenements, estates and other heredita- ehaii hT^°^ ments,. which shall at any time or times hereafter be pur- rested in like chased by the principal officers of His Majesty's Ordnance manner. ^^^ ^^^ time being, or by any other person or persons by their order for the service of the said Ordnance Department, and all erections and buildings which shall then or which may thereafter be erected and built thereon, with the rights, members, easements and appurtenances to the same res- pectively belonging, by whatever mode of conveyance, either unto or in the name of His Majesty, His heirs and successors, or otherwise the same shall be purchased or taken, shall in like manner be and become, and remain and con- tinue vested in the said principal officers of His Majesty's Ordnance for the time being, and their successors in the said office, according to the nature and quality of the said messuages, lands, tenements, estates and other heredita- ments, and the several and respective estates and interests of and in the same respectively, in trust as aforesaid. la case of ?• And be it further enacted, That upon the death, resig- death er re- ^ nation or removal of the present principal officers of the cipai officers, Ordnance in Great Britain, or of any of them, or of any ^h'^ii ^"^^r*^^^ future principal officers, or principal officer in G-r eat Britain, their succes- all such messuages, lands, tenements, estates and other Bors. hereditaments respectively, shall become vested in and be held by the succeeding principal officers in G-reat Britain, according 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 res- pectively, in trust as aforesaid. Lands may be 4. And be it further enacted. That it shall and may be change^d or lawful for the Said principal officers for the time being, or let, any two or more of them, to sell, exchange, or in any man- ner dispose of, or to let or demise as well any of the mes- suages, lands, tenements, estates and 6ther hereditaments respectively, which shall be vested in them under and by virtue of this present Act, with their respective appur- tenances, either by public auction or private contract, in due form of law, to convey, surrender, assign or make over, or to grant or demise the same respectively (as the case may require) to any person or persons who shall be willing to purchase or take the same in exchange or otherwise re- spectively ; and also to do any other act. matter or thing in 640 I83Y. Ordnance Propeity. Chap. 29. 3 relation to any such messuages, lands, tenements, estates and other hereditaments, which shall by the said principal officers be deemed beneficial to the public service in rela- tion thereto, or for the better management thereof, which might be done by any person having a like interest in any such like messuages, lands, tenements, estates or other hereditaments. 5» And be it further enacted, That the moneys to arise Purchase and be produced by the sale or exchange of any of the said ™e°pa[d to fte messuages, lands, tenements, estates or other hereditaments person ap- which shall be so sold or exchanged under the provisions of P^^^j'^^j'i^g this present Act, shall be paid by the respective purchaser same by the or purchasers thereof, or the person or persons making such ^^""g "^t exchange, unto the respective or other chief officers or officer Ordnance. •of the Ordnance in this Island for the time being, or to such other person or persons as the said principal officers for the time being, or any two or more of them, shall direct or appoint to receive the same, for the use of His Majesty, His heirs and successors, and that the receipt of the said princi- pal officers or any two of them, or of the said respective or other chief officers or officer, for such moneys — such receipt to be endorsed on every such conveyance, surrender or assignment as aforesaid— shall effectually discharge the purchaser or purchasers, or person or persons by whom, or ■on whose account, the same shall be paid. 6. And be it further enacted, That immediately from and After pay- after the payment of such purchase money, and the execu- Smse money tion of every such conveyance, surrender and assignment as &:c., the pnr- aforesaid, the purchaser or purchasers therein named, or the chasertohave 1 • 1 1 r- -TIT, '"11 "ght and person or persons making such exchange as aioresaid, shall possession. he deemed and adjudged to stand seized and possessed of the messuages, lands, tenements, estates, and other heredita- ments, which shall be so purchased or taken in exchange by, and conveyed, surrendered, assigned or made over to him, her or them respectively, freed and absolutely dis-' charged of and from all and all manner of prior estates, leases, rights, titles, interests, charges, incumbrances, claims and demands whatsoever, which can or may be had, made, .set up, in, to, out of or upon or in respect of the same mes- suages, lands, tenements, estates or other hereditaments, by any person or persons whomsoever, on any account what- ever (save and except such estates, leases, rights, titles, in- terests, charges, incumbrances, claims and demands, as in any such conveyance, surrender, deed of exchange or assign- ment shall be excepted.) '^- And be it further enacted. That it shall be lawful for Actions of the said principal officers for the time being, and for the said ^e brZgM S Tespective or other chief officers or officer for the time being, the name of and they are respectively hereby authorized and empowered ^''I'Tnnr'' ^^ g^jl ^ recover poa- 4 Chap. 29. Ordnance Property. *7 Wm. IV. session of to bring, prosecute and maintain, in the name of His Maj- i^°ttfe^Ord-'^ esty. His heirs or successors, any action or actions of eject- nance depart- ment or other proceeding at law or in equity, in the Supreme ™*°*- Court of Judicature or Court of Chajncery of this Island (as the case may require) for recoyering possession of any mes- suages, lands, tenements, estates or other hereditaments, by this Act Tested in them as aforesaid ; and to distrain or sue for any arrears of rent which shall have become or shall be- come due for or in respect thereof, under any parol or other demise from the said principal officers, or respective or other chiief officers or officer for the time being, as aforesaid ; and also to bring, prosecute and maintain, in the name of His Majesty, His heirs or successors, any other action or suit in respect of or in relation to the said messuages, lands, tene- ments, estates or other hereditaments, or of any trespass or encroachment committed thereon, or damage or injury done thereto. •^ -^ ^ ^ ^ -TT -TV* ^ TV Tr Description of 14. And be it further enacted. That in all contracts, con- officerrof veyances, surrenders, leases and other deeds and instru- Ordnance in ments whatsoever, relating to the public service, which aU^contractl" shall hereafter be made or entered into by, to or with the conveyances,' principal officers of the Ordnance for the time being, or by, *°- to or wiih, the respective or other chief officers or officer of the Ordnance, for the time being, in this Island, or whereunto they or any of them shall be parties or a party, it shall be sufficient to call or describe the said principal or other officers or officer' as aforesaid, by the style or title of " The officers or chief acting officer {as the case may be) of His Majesty's Ordnance," without naming them, or any or either of them, and that all such contracts, con- veyances, surrenders, leases and other deeds and instru- ments wherein the said principal officers or the said respective or other chief officers or officer as aforesaid shall be called or described by their style or title as aforesaid, and the execution thereof respectively, by the said principal officers, or any two or more of them, or by the said respective or other chief officer as aforesaid, and (? shall) be as valid and effectual and have the like force and operation, to all intents and purposes whatsoever, as if the said principal officers, or any two or more of them, or the said respective or other chief officers or officer as aforesaid, had been respectively named therein. '»* All the powers and estates by this Act vested in the principal officers of the Ordnance are by the Act. 19 Vic, c. 19, transferred to and vested in Her Majesty's Principal Secretary of State for the War Department. OTTAWA : Printed by Brown Chambbelin, Law Printer to the Queen's Most Excellent Majesty. 642 6 VIC, CHAP. 14. An Act relating to the fisheries, and for the prevention ^°g''^^^^?,^°''„f of illicit trade in Prince Edward Island, and the coasts Sudt'trade, and harbors thereof. Tfc.,^ri5, and 10 Vic, WHEREAS by the Convention made between His late •=• ^• Majesty King Greorge the Third, and the United States of America, signed at London, on the twentieth day of October, in the year of our Lord one thousand eight hun- dred and eighteen, and the Statute made and passed in the Parliament of G-reat Britain, in the fifty-ninth year of the reign of His late Majesty King G-eorge the Third, all foreign ships, vessels or boats, or any ship, vessel or boat, other than such as shall be navigated according to the laws of the United Kingdom of G-reat Britain and Ireland, found fish- ing, or to have been fishing, or preparing to fish, within certain distances of any coasts, bays, creeks or harbors whatever, in any part of His Majesty's dominions in America, not included within the limits specified in the first article of the said Convention, are liable to seizure ; and whereas the United States did, by the said Convention, renounce for ever any liberty enjoyed or claimed by the inhabitants thereof to take, dry or cure fish on or within three marine miles of any of the coasts, bays, creeks or har- bors of His Britannic Majesty's dominions in America, not included within the above mentioned limits, provided however, that the American fishermen should be admitted to enter such bays or harbors for the purpose of shelter, and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purposes whateA'^er, but under such restrictions as might be necessary to prevent their taking, drying or curing fish therein, or in any other manner whatever abusing the privileges thereby reserved to them ; and whereas no rules or regulations have been made for such purpose, and the interests of the inhabitants of this Island are materially impaired ; and whereas the said Act does not designate the persons who are to make such seizure as aforesaid, and it frequently happens, that persons found within the distances of the coasts aforesaid, infringing the articles of the Convention aforesaid, and the enactments of the Statute aforesaid, on being taken posses- sion of profess to have come within said limits for the pur- pose of shelter, and repairing damages therein, or to purchase 4U 643 Chap. 14. Fisheries and Illicit Trade. 6 Vict. Officers of Customs, &c , authorized to board Tessels, &c., within 3 marine miles of this Island. Powers of such ofHcers, &c. Prohibited goods on boarrt such vessel to be forfeited, and vessels, &e., if foreign, found fishing within limits to be forfeited. wood and obtain water, by which the law is evaded, and the vessels and cargoes escape confiscation, although the cargoes may be evidently intended to be smuggled into this Island, and the fishery carried on, contrary to the said Con- vention and Statute : Be it therefore enacted, by the Lieu- tenant G-overnor, Council and Assembly, That from and after the passing of this Act, it shall be lawful for the ofiicers of Her Majesty's Customs, the officers of impost and excise, the sheriffs and magistrates throughout this Island, and any person holding a commission for that purpose from His Excellency the Lieutenant G-overnor, for the time being, to go on board any ship, vessel or boat, within any port, bay, creek or harbor in this Island, and also to go on board any ship, vessel or boat hovering within three marine miles of any of the coasts, bays, creeks or harbors thereof, and in either case freely to stay on board such ship, vessel or boat, as long as she shall remain within such port or distance, and if any such ship, vessel or boat be bound elsewhere, and shall continue so hovering for the space of twenty-four hours after the master shall have been required to depart, it shall be lawful for any of the above enumerated officers or persons to bring such ship, vessel or boat into port, and to search and examine her cargo, and to examine the master upon oath touching the cargo and voyage ; and if there be any goods on board prohibited to be imported into this Island, such ship, vessel or boat, and the cargo laden on board thereof shall be forfeited ; and if the said ship, vessel or boat shall be foreign, and not navigated according to the law of &reat Britain and Ireland, and shall have been found fishing or preparing to fish, or to have been fishing, within such distance of such coasts, bays, creeks or harbors of this Island, such ship, vessel or boat, and their respective cargoes, shall be forfeited ; and if the master or person in command thereof shall not truly answer the questions which shall be demanded of him in sue h examination, he shall forfeit the sum of one hundred pounds. Further pow- ers of ofiicers of Customs, Penalty on persons mo- lesiing or ob- structmg officers, &c. 2. And be it further enacted. That all goods, ships, vessels and boats liable to forfeiture under this Act, shall and may be seized and secured by any such officer of Her Majesty's Customs, officer of impost and excise, sheriffs, magistrates or other person holding such commission as aforesaid, and every person who shall in any way oppose, molest or obstruct any officer of the Customs, officer of im- post and excise, sheriff, magistrate or other person so com- missioned and employed as aforesaid, in the exercise of his office, or shall in any way oppose, molest or obstruct any person acting in aid or assistance of such officer of Customs, officer of impost and excise, sheriff", magistrate or other person so commissioned and employed as aforesaid, shall, for every such offence, forfeit the sum of two hundred pounds. QAi 1843. Fisheries and Illicit Trade. Chap. 14. 3 3. And be it further enacted, That all goods, ships, G°o*|'/«s- vessel and boats, which shall ba seized, as being liable to seized to be forfeiture under this Act, shall be iaken forthwith and deTiyered to delivered into the custody of the collector of the Customs, lector of Oua- at the Custom house next to the place where the same were to^^^' J^^^^^^ seized, who shall secure and keep the same, in such man- same,Tc"'^ ner as other vessels and goods seized are directed to be secured by the Commissioners of Her Majesty's Customs. 4. And be it further enacted. That all goods, ships, ^°°'^^'/^^;j^. vessels, boats or other things, which shall have been con- leSnedi'to'be demned, as forfeited under this Act, shall, under the direc- sold .it public tion of the principal officer of the Customs or Excise, where *"'= "'°' such seizure shall have been secured, be sold by public auction to the best bidder, and the produce of such sale to be applied as follows, that is to say :— The amount charge- ^Pfj;;^: able for the custody of said gQods, ship, vessel, boat or any ceedeof Buch other thing so seized as aforesaid, shall be first deducted sale. and paid, and the residue divided into two equal moieties, one of which shall be paid to the officer or other person or persons legally seizing the same, without deduction, and the other moiety to the Grovernment, and paid into the treasury of this Island, all costs incurred having been first deducted therefrom : Provided always, that it shall be Proviso. lawful for the Lieutenant Grovernor in Council to direct that any of such things shall be destroyed or reserved for the public service. 5. And be it further enacted. That all penalties and for- Mode of re- feitures, which may be hereafter incurred under this Art, pen|itie°s*^ shall and may be prosecuted, sued for and recovered, in the Court of Vice-Admiralty, having jurisdiction in this Island. 6. And be it further enacted, That if any goods, or any Judge of ship, vessel, or boat shall be seized, as forfeited under this jarSsdictionla Act, it shall be lawful for the judge or judges of any court case of goods, having jurisdiction to try and determine such seizures, with Jefz^^d^'may' the consent of the person seizing the same, to order the de- release the livery thereof, on security, by bond, with two sufficient ge^rfty being sureties, to be first approved by such seizing officer or per- given there- son, to answer double the value of the same in case of con- '°'^* demnation, and such bond shall be taken to the use of Her ^aken for'^ Majesty, in the name of the collector of the Customs, in same, whose custody the goods, or ship, vessel or boat may be lodged, and such bond shall be delivered and kept in the custody of such collector ; and in case the goods, or ship, Collectors to vessel or boat shall be condemned, the value thereof shall aJ^ount o^f be paid into the hands of such collector, who shall cancel bond if goods, such bond, and distribute the money paid in such manner brcondemu- as is above directed. ed. 7. And be it further enacted, That no suit shall be com- Regulates the menced for the recovery of any penalty or forfeiture under ™cuting^suits 645 Chap. 14. Fisheries and Illicit Trade. 6 Vict. for penalties under this Act. this Act, except in the name of Hei Majesty, and shall be prosecuted by Her Majesty's Advocate or Attorney General, or, in his absence, by the Solicitor G-eneral, for this Island ; and if any question shall arise, whether any person is an officer of the Customs, Excise, sheriff, magistrate, or other person authorized to seize as aforesaid, viva voce evidence may be given of such fact, and it shall be deemed legal and sufficient evidence. ^rif ''^i^t'^°°f ** ^^^ ^® ^* further enacted. That if any goods, ship, Beizme to' ^e" vessel or boat shall be seized for any cause or forfeiture on claimant, under this Act, and any dispute shall arise whether the same have been lawfully seized, the proof touching the ille- gality thereof shall be on the owner or claimant of such goods, ship, vessel, or boat, and not on the officer or person who shall seize and stop the same. S>. And be it further enacted, That no claim to any thing No claim to sr^ed under seized Under this Act and returned into Her Majesty's Court this i^atto be of Yice-Admiralty for adjudication, shall be admitted, unless tii'certain'^re- such claim be entered in the name of the owner, with his quisites be residence and occupation, nor unless oath to the property in such thing be made by the owner, or by his attorney or agent, by whom such claim shall be entered, to the best of his knowledge and belief, and every person making a false oath thereto shall be deemed guilty of a misdemeanor, and shall be liable to the pains and penalties to which persons are liable for a misdemeanor. complied with. No claim to be 10. And be it further enacted, That no person shall be admitted un- n-.:i, ■ i- ■ .i- • ^ ■ til security be admitted to enter a claim to any thing seized m pursuance giyen. of this Act, and prosecuted in this Island, until sufficient security shall have been given, in the court where such seizure is prosecuted, in a penalty not exceeding sixty pounds, to answer and pay the costs occasioned by such claim, and in default of giving such security, such things shall be adjudged to be forfeited, and shall be condemned. Amount of security and condition thereof. Defines mode of proceeding against any officer of Cus- toms, Excise, Magistrate, &c., for any thing done under this Act. 11- And be it further enacted. That no writ shall be sued out against, nor a copy of any process served upon any officer of the Customs, Excise, sheriff, magistrate, or other person authorized to seize as aforesaid, for any thing done in the exercise of his office, until one calendar month after notice, in writing, shall have been delivered to him, or left at his usual place of abode, by the attorney or agent of the party who intends to sue out such writ or process, in which notice shall be clearly and explicitly contained, the cause of action, and the name and place of abode of the person who is to bring such action, and the name and place of abode of the attorney or agent, and no evidence of the cause of such action shall be produced, except of such as shall be con- tained in such notice, and no verdict shall be given for the 646 1843. Fisheries and Illicit Trade. Chap. 14. plaintiff, unless he shall prove on the trial that such notice was given, and, in default of such proof, the defendant shall receive in such action a verdict and costs, or judgment of nonsuit shall be awarded against the plaintiff, as the court shall direct. 12. And be it further enacted. That every such action Limita time shall be brought within three calendar months after the ^"^^^j^^ cause thereof, and shall be laid and tried in Her Majesty's against any Supreme Court of Judicature for this Island, and the defend- ^^g'&c^for ant may plead the general issue, and give the special mat- any thing' ter in evidence ; and if the plaintiff shall become nonsuited, t^^^^^" or shall discontinue the action, or if upon a verdict or demurrer, judgment shall be given against the plaintiff. Mode of pro- the defendant shall receive treble costs, and have such needing m remedy for the same as any defendant can have, in other cases where costs are given by law. IS' And be it further enacted. That in case any informa- if verdict be tion or suit shall be brought to trial, on account of any c°aim/°t q^"'^ seizure made under this Act, and a verdict shall be found certificate of for the claimant thereof, and the judge or court before whom ^q^^X°\,c the cause shall have been tried, shall certify on the record no costs to'be that there was probable cause of seizure, the claimant shall ^F°'*'nt'°i^ ^ not be entitled to any costs of suit, nor shall the person who seizing officer made such seizure, be liable to any action, indictment, or i'^J?i^ to any other suit or prosecution, on account of any such seizure ; ' and if any such action, indictment or other suit or prosecu- tion shall be brought to trial, against any person on account of such seizure, wherein a verdict shall be given against the defendant, the plaintiff, besides the thing seized or the value thereof, shall be entitled to no more than two pence damages, nor to any costs of suit, nor shall the defend- ant in such prosecution be fined more than one shilling. 14. And be it further enacted, That it shall be lawfiil for Seizing any such officer of the Customs, Excise, or sheriff, or magis- ^y^^nder trate, or other person authorized to seize as aforesaid, within amends with- one calendar month after such notice, to tender amends to after'uo^ice of the party complaining, or his agent, and to plead such tender action, and in bar to any action, together with, other pleas, and if the ^g^^e/^^g jury shall find the amends sufficient, they shall give a ver- ' diet for the defendant, and in such case, or in case the plaintiff shall become nonsuit, or shall discontinue his action, or judgment shall be given for the defendant upon demurrer, then such defendant shall be entitled to the like costs, as he would have been entitled to, in case he had pleaded the general issue only : Provided always, that it Officer, &c., shall be lawful for such defendant, by leave of the court, ™oneyTnto where such action shall be brought, at any time before Court, or after issue joined, to pay money into court as in other actions. 647 6 Chap. 14. Fisheries and Illicit Trade. 6 VlCT. If Judge or 15. And be it further enacted, That in any such action, probable'^*' ^^ if the judge or court before whom such action shall be tried, cause of seiz- shall certify upon the record, that the defendant or defend- oniySl^en-'*^ ants in such action acted upon probable cause, then the titled to 2d. plaintiff in such action shall not be entitled to more than to^o^cost^s"!^ two pence damages, nor to any costs of suit. All penalties or forfeitures under this Act may be recov- ered within three years after the offence com- mitted or forfeiture in- curred. No appeal allowed from sentence of any Court un- der this Act, unless ap- plied for with- in twelve months after. Suspending clause. 16. And be it further enacted. That all actions or suits for the recovery of any of the penalties or forfeitures imposed by this Act, may be commenced or prosecuted at any time within three years after the offence was committed by reason whereof such penalties or forfeitures shall be incurred, any law, usage, or custom to the contrary notwithstanding. 17. And be it further enacted. That no appeal shall be prosecuted from any decree or sentence of any of Her Majesty's courts in this Island, touching any penalty or forfeiture imposed by this Act, unless the inhibition shall be applied for and decreed within twelve months from the time when such decree or sentence was pronounced. 18. And be it further enacted, That this Act shall not go into force or be of any effect until Her Majesty's assent shall be signified thereto, and an order made by Her Majesty in Council, that the clauses and provisions of this Act shall be the rules, regulations and restrictions respecting the fisheries on the coasts, bays, creeks or harbors of the Island of Prince Edward. *»* This Act received the Royal allowance on the third day of September, one thousand eight hundred and fony-four and an order was on the same day made by Her Majesty in Council, declaring that its clauses and provisions should be the rules, regulations and restrictions respecting the fisheries on the coasts, bays, creeks or harbors of the Island of Prince Edward ; and notification of said Royal assent, and of the said order, was published in the Royal Gazette newspaper of this Island, on the eighth day of October, one thousand eight hundred and forty-four. OTTAWA : Printed by Buown Chambeblin, Law Printer to the Queen's Moat Excellent Majesty. 648 14 VIC, CHAP. 2, An Act to consolidate and amend the Laws now in force See23Tic., for the relief of Insolvent Debtors. 75 to 85,°and 25 Vic. , cap. WHEREAS it is deemed advisable to consolidate the laws ' now in force, for the relief of insolvent debtors : Be it enacted by the Lieutenant Grovernor, Council and Assembly, that an Act passed in the twenty-sixth year of Repeals the reign of His Majesty, King G-eorge the Third, intituled : l^. ' '' "' '^ An Act for the relief of Insolvent Debtors ;" — an Act made eTPiii. iv. c. and passed in the sixth year of the reign of His late Majesty 9 ; King William the Fourth, intituled : " An Act to suspend 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 the relief of Insolvent Debtors, and tit make other provisions in lieu thereof " ; — an Act made and passed in the seventh l Vic,, c. 3; year of the reign of Her present Majesty, intituled : "An Act to repeal certain Acts therein mentioned, and to consolidate and amend the lavjs for the relief of Insolvent Debtors " ; — and And u Vic, an Act made and passed in the eleventh year of the reign of "^^ ^''■ Her present Majesty, intituled : " An Act to amend the laws for the relief of Insolvent Debtors," be and the same are hereby respectively repealed. 2. And be it enacted. That from and after the passing of Mode of ap- this Act, the justices of Her Majesty's Supreme Court of gZmission- Judicature of this Island, or any two of them, of whom the era under Act. chief justice shall be one, shall, and they are hereby empowered and required to commission and appoint four fit and competent persons as commissioners, two of whom shall be a quorum, in and for each of the counties of King's County and Prince County, in this Island, to carry into effect the purposes of this Act as hereinafter mentioned, and who shall reside within the respective counties for which they shall be appointed, and within twelve miles of the respei tive court houses in the said counties ; and in all cases of the death or resignation of any such commissioner or commissioners so to be appointed, or his or their non- residence in, or removal from the respective county for which he or they were appointed, or in case of his or their six months' absence therefrom, or of malfeasance or mal- administration in his or their respective duties, or his or their other incapacity in the discretion of the said justices, or of his or their neglect or refusal to accept office, the said 649 Chap. 2. Relief of Insolvent Debtors. 14 YlOT. When office oflBLce, with respect to such commissioner or commissioners, vacant*- how shall be deemed vacant, and it shall be deemed lawful to other appoint- and for the said justices, and they are hereby directed, from be^made^* *° time to time, and as often as any such vacancy or vacancies shall occur, to appoint other commissioner or commissioners in his or their stead, all which said commissioners so to be appointed by virtue of this Act, shall have and be vested with the same powers and authorities in every respect, within the counties in which they shall respectively reside, as are hereinafter by this Act given and conferred to and upon any two of the said justices of Her Majesty's Supreme Court of Judicature, as aforesaid. Any prisoner for debt not able to sup- port himself, may apply to two Judges in Supreme Court, &c., for a weekly suppoi't. Judges, &c., may order detaining creditor to pay a weekly sum for his support. 3. And be it enacted. That whenever any person may be confined within any gaol, or the limits thereof, within this Island, for any debt, damages or cost, whether on mesne or final process (^except such persons as may be so confined by virtue of any mesne or final process, issued under any Act or Acts made for the recovery of small debts) and such person, so confined, shall be unable to provide or obtain his or her necessary support, it shall and may be lawful for such person to make application to any two judges of the Supreme Court of this Island, or to the said court in term time, or to any commissioners, two of whom shall be a quorum, to be appointed as aforesaid, for a w^eekly support or maintenance, and such judges, court or commissioners (after fourteen days' previous notice to the plaintifi", or per- son at whose suit such person may be confined, his or her attorney) shall examine, on oath, such person so confined, as to his or her ability to support him or herself, and if, on ex- amination, to be taken in writing on oath, as aforesaid, to be filed in the ofiice of the clerk or prothonotary of the Supreme Court aforesaid, it shall appear to such judges, court, or commissioners, that such person is utterly unable to support him or herself, and has no property whatever, real or personal, of what nature or kind soever, except necessary bedding, wearing apparel, kitchen utensils, and necessary tools of his or her trade or occupation, not exceeding in value, in the whole, fifteen pounds, and that such confined person hath not at any time since he or she was served with the first or mesne process in the suit in which he or she may have been confined, or since he or she had notice of the said suit having been commenced, made over, assigned, transferred, or put out of his or her possession or power, either directly or indirectly, any property whatsoever, whether real or personal, for the purpose of defrauding such plaintifi", or giving any undue preference to any other plaintifi" or creditor, that then it shall be lawful for such judges, court, or commissioners to make an order for the party at whose suit such person may be confined, to pay a * Exception repealed by 24 Vic., c. 16, sec. T5, which see ; see also 25 Vic, c. G, sec. 9. 650 1851. Relief of Insolvent Debtors. Chap. 2. 3 weekly sum, to be applied for the support of such person, and the first payment to be made at the time such judges, court, or commissioners may in such order direct, and which sum shall be paid weekly thereafter on such day as such order shall direct ; and from the first day of November until the last day of March, shall be five shillings per week, and the remainder of the year four shillings per week ; and after such order made it shall be the duty of such party, without any further notice, to pay such weekly support agreeably to suoh order, such allowance to be paid to the gaoler of the county in which such debtor may be confined, at any time during the day, between sunrise and sunset, on which such allowance becomes due, for the use and support of such confined debtor ; and in case of failure thereof, it shall in default of and may be lawful for such judges, court, or commissioners, ^e^J|^r°o be on such failure being made known to them, on afiidavit of discharged. the debtor and the gaoler of the county in which such debtor may be confined, to make an order under their hands, directed to the sheriff or gaoler, or by rule of court, to dis- charge the said person out of confinement by reason of such suit : Provided, that nothing in this Act shall prevent any plaintiff" from prosecuting his or her suit, if on mesne pro- cess, to final judgment, or from taking out fieri facias or statute execution against the goods and chattels, lands and tenements of such defendant, or from recovering in any other manner the amount of the judgment obtained in the suit, so always that the person of any debtor so discharged shall be freed from arrest in any proceeding or action upon such judgment : Provided also, that when two or more Weekij' ai- creditors shall detain any debtor in prison, as aforesaid, the ^°J'^^^l{i°^ said weekly allowance shall be paid in the proportions follow- when there ing, that is to say : — when there are only two detaining moreTetain- creditors, then each shall pay half of the said allo^vance ; ing creditors. and when there shall be three or more such creditors, then each shall pay an equal proportion of the weekly allowance ordered ; and in case any such detaining creditor or creditors shall not make due payment of his, her or their proportion of such allowance, then the debtor, upon proof thereof made on oath before any judge, or other person having authority by this Act for such purpose, shall be discharged, on oath being made by the debtor and gaoler, as hereinbefore prescribed by this section, by order of such judge or other person, from further imprisonment, at the suit of such de- taining creditor or creditors so making default in payment of the allowance as aforesaid ; but such discharge shall not Not to affect afiect the right of any other detaining creditor or creditors other detain- to continue such debtor in prison, unless such other credi- ing creditors tors shall, after eight days' notice, in writing, to each of ^egilct to^ them, or their authorized attorneys or agents, of such de- pay, &c. fault having been proved, and order of discharge made thereon as aforesaid, neglect duly to pay their proportion of 651 4 Chap. 2. Relief of Insolvent Debtors. 14 VlCT. such allowance, or the whole thereof, as is required by this Act. Application 4. And be it enacted, That the application of any person b°/by^pitSl to the said justices, court or- commissioners, for the relief or on oath. benefit afforded by this Act, shall be by petition, which, before any order is made thereon, shall be verified by the oath of the applicant, sworn before either of the said justices or commissioners, or any person legally authorized to take affidavits for the said Supreme Court. On appiica- 5. And be it enacted, That upon the application of any &o° to make person to the said judges, court or commissioners, for such an order to support, such judges, court or commissioners are hereby au- to bring deb't- thorized and required to make an order, under their hands or before or by rule of court, directed to the sheriff or gaoler in whose * ®"'' custody such person may be confined, to bring up such per- son before them, at the time and place in such order or rule of court to be specified, for the purpose of being examined, as provided in the third section of this Act, and such sheriff or gaoler shall not be liable to any action for escape or other suit, for or on account of obeying such order or rule of court, according to the true intent and meaning of this Act. Judges may 6. And be it enacted. That in any case where it shall be for^upport fu J^iade to appear, to the satisfaction of the said judges, court certain cages. Or Commissioners, that such person has the means of pro- viding his or her necessary support, whether from property possessed at the time or since obtained, or by any other means, upon application made to them, such judges, court or commissioners shall be and they are hereby authorized and empowered, by order or rule, to suspend the payment of such support for a stated time, or until further order or rule is given in that behalf by the said judges, court or commissioners. Debtor hay- 7. And be it enacted. That if at any time it shall appear' aWetoeara o^" ^^ made out to the satisfaction of the said judges, court his own Bup- or Commissioners, that the person so applying for, or having entitled to"*"^ support Under this Act, and having the benefit of the gaol support from limits, can, either by labor or otherwise, earn or procure ere itors. j^jg ^j. j^g^ necessary support and maintenance within such limits, such judges, court or commissioners shall and may refuse to make such order for support, as aforesaid , or, in Case the same be made, to suspend the same. Debtor who 8. And be it enacted. That any person confined either oeived^aUow- T^der mesne or final process as aforesaid, who may have ance for three received such weekly allowance for the space of three titkd to d?s- months, shall immediately thereafter be entitled to his or charge at the her discharge from confinement, at the suit of the party 652 1851. Relief of Insolvent Debtors. Chap. 2. 5 who may have paid the same ; and in such case, the said suit of credi- judges, court or commissioners, are hereby authorized and required to discharge such person from custody, at the suit of the party who may have paid the support : Provided a,lways, that in case of such discharge, the party shall be entitled to the same remedy, by proceeding to final judg- ment, or taking out execution, against goods, chattels, lands and tenements, as is provided in the third section of this Act. 9« And be it enacted. That when any plaintiff or defend- Judges, &c., ant shall have occasion to compel the attendance of any "bpoenas to witness or witnesses to testify or give evidence before the compel atten- said judges, court or commissioners, to or before whom any ^e^ea before application, examination, or other proceedings may be had them. under this Act, it shall and may be lawful for such plain- tiff or defendant to issue a subpcena, or, if need be, a fuh- pana duces tecum, out of the said Supreme Court, command- ing and requiring the attendance of such witness, and the production of books and papers before the said judges, court or commissioners, at the time and place in such sub- pcena to be specified, which said subpcena shall be served, How serred. and the witness paid or tendered his expenses in the same manner as if the said subpcena had issued from the said Supreme Court in the ordinary manner ; and the witness, or the person served therewith, shall be subject to the same punishment by such court, or liable to the like damages, in all respects, to the party injured, for wilfully refusing or neglecting to obey such subpoena, as in any other case he would be liable or subject to. lO. And be it enacted. That when any person so confined Debtor pos- shall be possessed of money or debts at the time of his or money "debts her confinement, or afterwards, and shall have offered to or real' or pay or assign the same to the party at whose suit such per- perty°who'^°' son may be confined ; or in case there be several parties, to shall 'have them respectively, in part payment, and in proportion to offered t°P^y 11 11 1 -I 1 r»i ^^ assign, ine such demand or demands , or when such contLned person same to the shall be possessed of either real or personal property (ex- creditor, &c., cepting, nevertheless, wearing apparel, bedding and tools, tor not taking to the value of fifteen pounds, as before excepted) and shall ^*™^' ^"'^^ have ofiered to convey or assign the same to the party or be°oidatpnb- parties at whose suit or suits such person may be confined, ^'■'^ auction, at a fair price to be agreed upon, in part payment, and in proportion as aforesaid ; and in case of disagreement as to the price or value of such property, shall have offered to pay, in manner aforesaid, the proceeds arising from the sale of such property, which said property shall be sold at public auction by such confined person, after having first advertised the time and place of the sale thereof for the space of fourteen days, and given the party or parties respectively, or their attorneys, notice of such sale ; and if 653 Chap. 2. Relief of Insolvent Debtors. 14 Vict. After refusal the Said party or parties shall have Tefnsed to accept and ment'^l"" receive the said payment or assignment, or the said proceeds debtor may arising from the sale of the said property as aforesaid, that ovelthe'sZme ^^"^^ ^* ^^'^^^ ^^^ ™^y ^® lawful for the Said person so con- to any other fined to assign or pay over the same to any other bond fide CTeTitorf creditor or creditors. Debtor in cer- 11. And be it enacted. That when such party or parties eutitiTdtothe ^^7 ^^^^^ received such assignment or payment from such benefit of this confined person as aforesaid, or when the confined person in case of refusal by such party or parties, may have assigned or paid the same to the other bond fide creditors as aforesaid, that then, and in either of such cases, the said confined per- son shall be entitled to the benefit of this Act, in all res- pects the same as if such person had no such debt or property at the time of confinement or application. Act. Detaining creditor may discharge debtor, with- ont losing benefit ot the judgment upon which execution issued. 12. And whereas, it is expedient that creditors should have the power to discharge debtors, without losing the benefit of judgments obtained against such debtors : Be it enacted. That it shall and may be lawful for any creditor or creditors, at whose suit any debtor or debtors is, or are, or shall be in prison, and taken or charged in execution for any sum of money, by writing, signed by such creditor or creditors, or by one of them, for or on behalf of himself or herself, and the others of them (being complainants in the same action,) or by his, her or their attorney, to signify or declare his, her, or their consent to the discharge of such debtor or debtors from the prison in which he, she or they is, are, or shall be confined in execution, at the suit of such creditor or creditors, without losing the benefit of the judg- ment upon which such execution issued, except as is here- inafter provided ; and that notwithstanding the discharge of any debtor or debtors, in pursuance of such consent as aforesaid, the judgment upon which such debtor or debtors was or were taken or charged in execution, shall continue and remain in full force, to all intents and purposes, except as is hereinafter provided ; and it shall be lawful for such creditor or creditors, at any time, to take out execution on any such judgment against the lands, tenements, heredita- ments, goods and chattels of such debtor or debtors, or any of them (other than except the necessary apparel and bed- ding of him, her or them, or his, her or their families, and the necessary tools of his, her, or their trade or occupation, not exceeding the value of fifteen pounds in the whole,) or to bring any action or actions on every such judgment, or to bring any action, or to use any remedy for the recovery of his, her or their demands, against any other person or persons liable to satisfy the same in such and the same manner as such creditor or creditors could or might have had or done, in case such debtor or debtors had never been taken or charged in execution upon such judgment : Pro- 654 1851. Relief of InsolvenL Debtors. Chap 2. T vided always, that no debtor or debtors who shall be dis- charged in pursuance of this Act, shall, at any time after- wards, be charged or taken in execution, or convicted upon any judgment hereinbefore declared to continue and remain in full force, or in any action which may be brought on any such judgment, and that no proceeding by scire facias action or otherwise, shall be had against any bail in the action on which such judgment was obtained. 13. And be it enacted, That the executors and adminis- ^^^''"f'J.^'^j. trators of any such creditor as aforesaid, shall and may con- tor may con- sent to the discharge of any debtor or debtors to their testator !^''*j^^j.*g* ^ or intestate, in such and the same manner, and with the debtor with same adyantages and consequences, in all respects, as such the same ,., .„,.= . -ij. 1J1 J • „ advantages. creditors, ii living, might or could have done m pursuance of this Act ; and such executors and administrators respect- ively, shall not by reason of any such discharge, in pursu- ance of this Act, be deemed guilty of devastavit, or be charge- able with the debt due from the person or persons so discharged. 14. And be it enacted. That every sheriff, gaoler or keeper, Sheriff, &c., in whose prison, gaol or custody any debtor or debtors is, are, ^"btor wi^ln or shall be confined or detained in execution, shall, and 24 hours after every of them is hereby required, within twenty -four hours ^°j°tfug of next after such consent in writing of any creditor or credi- creditor shall tors, his, her, or their attorney, or executors, or administra- ^® produced, tors, as is hereinbefore mentioned, shall have been produced to, and left with such sheriff, gaoler or keeper, or his deputy or agent, at such prison or gaol (the handwriting or mark of such creditor or creditors, his, her, or their executors or administrators, or the handwriting of his, her, or their attor- ney to such consent in writing, being duly proved by aflo.- davit of some credible person to be thereunto annexed, and to be sworn before one of the judges or commissioners afore- said, or before the said Supreme Court, or a commissioner duly authorized to take aflGidavits in the county where such debtor or debtors shall be confined), to discharge and set at liberty the debtor or debtors, to whose discharge such con- sent shall be signified or declared as aforesaid, if he, she or they are in custody only upon the execution issued at the suit of the creditor or creditors signifying such consent. 15. And be it enacted. That in all cases where a writ of No writ of ..fieri facias or statute execution shall be issued upon any {^^^(^{^"g^/g"^. judgment obtained, or to be obtained in the said Supreme tion to be Court, it shall not be lawful for the sheriff or other officer ^^^^lf°^^^. executing such writ, to seize or levy upon the necessary dfng of debt- apparel and bedding of the debtor or debtors against whom °^'an n'^o^t^^™' such judgment shall be obtained, or of his, her, or their exceed £15 in family or families, or the necessary tools of his, her, or their ^^lue. trade or occupation, in satisfaction of such judgment : Pro- 655 Chap. 2. Relief of Insolvent Debtors. 14 Vict. Any person confined in jail or limits for three months may apply to Su- preme Court for relief or discharge. vided always, that such apparel, bedding and tools so to be exempted from being seized or levied npon as aforesaid, shall not exceed the value of fifteen pounds in the whole, to any one debtor, which value shall be ascertained by the oath of three disinterested freeholders or leaseholders in the county, to be appointed by such sheriff or other officer to appraise the same ; which oath the said sheriff or other officer is hereby authorized and empowered to administer. 16« And w^hereas it is expedient, in certain cases, to authorize and empower the Supreme Court of .Judicature of this Island to grant relief to, or discharge confined debtors who, by the strict provisions of the foregoing sections of this Act, may not be entitled to the benefit thereof : Be it therefore enacted. That when any person shall have been confined in any gaol or limits thereof in this Island for the space of three months, at the suit of any person, for either debt, costs or damages, such confined person may apply to the said Supreme Court, in term, on affidavit of the circumstances, for relief or discharge ; which said court, on notice having been given of such application to the adverse party, or his attorney, may enquire into the matter, on affidavit, or otherwise ; and if it shall thereupon appear to said court, that the person so confined has no property whatever, real or personal, within his possession, power or control, wherewith he can satisfy such demand or any part thereof, or support himself in custody, such court may, in its discretion, make an order either for the maintenance or discharge of such person so confined, in the same manner as any judges of such court, or any of the commissioners aforesaid, may now do by virtue of this Act, and which order or discharge shall, in all respects, have the like force and effect, as any order or discharge made by any judges or commissioners pursuant to the foregoing directions of this Act. * * * * # Indemnifies all persons against any action, &c. Commission- ers' fees. IS- And be it enacted. That in case any confined person may have been discharged, in consequence of the weekly support, ordered agreeably to the provisions of this Act, not having been paid or after three months' confinement agree- ably to this Act, all persons whosoever shall be indemnified,' and are hereby freed and discharged against and from all suits, actions, prosecutions, informations or judgments what- soever, that may be had, moved, prosecuted, or adjudged against them, or any of them, for or by reason, or on account of such person having been discharged as aforesaid. li>. And be it enacted. That there shall be paid to each of the said commissioners, by the party applying to them for any order, the following fees, and no more, for any matters done under the authority of this Act : — 656 1851. Relief of Insolvent Debtors. Chap. 2. 9 For each mile necessarily travelled to attend any hearing, inquiry or examination required by this Act, sixpence. For every order made, two shillings. 20. Provided always, and be it enacted, that this Act This Act is «hall not affect, or be construed to affect, any proceedings ^"1 with* any heretofore had or now pending in the Supreme Court of this proceedings Island, or before any commissioners appointed under the ^"^^nife^^tha authority of any of the above recited Acts hereby repealed, authority of in relation to any application or petition for relief under *°y°(™l any of the said Acts, at the instance of any person or per- repealed. sons confined within any gaol or the limits thereof, in this Island ; and in case any such proxieedings shall be now pending, or any order for relief, or a weekly allowance shall have been made under which the confined person or persons shall be receiving the benefit thereof at the time of the passing of this Act, such order or other proceedings shall not be abrogated, or in any manner affected by this Act, and the same shall stand, and be continued and maintained until the final end and determination thereof, in accord- ance with the provisions of the above recited Acts, and the said confined person or persons, as well as the detaining creditor or creditors, and theplaintiff or plaintiffs generally, in all cases in which relief may have been granted under any of the said recited Acts, to the respective defendant or defendants at any time heretofore confined at his, her, or their suit, shall be entitled to the full benefit of all the pro- visions of the said Acts, in all respects, as if this Act had not been passed. OTTAWA : Printed by Brown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 42 657 14 VIC, CHAP. 4. An Act for shortening the language used in Acts of the General Assembly. alter ^%^^ 'R''^ it declared and enacted by the Lieutenant Governor, in same sea-' -D Council and Assembly, and by the authority of the sion in which same, That every Act to be passed after the commencement passed. of this Act, may be altered, amended, or repealed, in the sama session of the General k ssembly, any law or usage to the contrary notwithstanding. Acts to be 2. Be it enacted, That all Acts shall be divided into sec- gections." ° tions, if there be more enactments than one ; which sections shall be deemed to be substantive enactments, without any introductory words. Sufficient to 3. Be it enacted, That in any Act, when any former Act of the refgn,"^ is referred to, it shall be sufficient to cite the year of the Btatnte or ses- reign ; and where there are more statutes or sessions than, or's' ctioD ^^"^ o^^ i^ *^® same year, the statute or the session (as the case &c. ' may require,) and where there are more chapters or sections than one, the chapter or section, or chapter and section, (as the case may require,) without reciting the title of such . Act, or the provision of such section so referred to ; and the reference in all cases shall be made according to the copies of statutes, printed under and by virtue of an Act of the General Assembly of this Island, passed in the eleventh year of the reign of Her present Majesty, intituled " An Ant to provide for reprinting the laws of this Island," or under and by virtue of any Act of the General Assembly of this Island, hereafter to be passed, or by the Queen's Printer : Proviso. Provided, that where it is only intended to amend or repeal any portion only of such section, it shall be necessary stil], either to recite such portion, or to set forth the matter or thing intended to be amended or repealed. Construction 4. Be it enacted, That in all Acts, words importing the masculine gender shall be deemed and taken to include- females, and the singular to include the plural, and the plural the singular, unless the contrary, as to gender or num- ber, is expressly provided ; and the word " month" to mean calendar month, unless words be added showing lunar month to be intended ; and " county " shall be held to mean also county of a town, or of a city, unless such extended 653 1851. Interpretation, 8fC., of Acts. Chap. 4. 2 meaning is expressly excluded by words ; and the word " land, " shall include messuages, tenements and heredita- ments, houses and buildings of any tenure, unless where there are words to exclude houses and buildings, or to re- strict the meaning to tenements of some particular tenure ; and the words "oath," "swear," and "affidavit "shall include affirmation, declaration, affirming and declaring, in the case of persons by law allowed to declare or affirm, instead of swearing. 5- Be it enacted, That where any Act repealing in whole Certain Acts or in part any former Act, is itself repealed, such last repeal "fved". ^ ^*' shall not revive the Act or provisions before repealed, imless words be added reviving such Acts or provisions. 6. Be it enacted. That wherever any Act shall be made. Repealed por- repealing in whole or in part any former Act, and substi- J'°°^ of Acts , 5. • • • ■ • i 1 n /i ■ ■ to remain m tutmg some provision or provisions instead of the provision force until or provisions repealed, such provisions so repealed shall re- substituted . . p 1.-1 i-i 1. j5x J. J - ■ • ■ portions come mam m force until the substituted provision or provisions into opera- shall come into operation, by force of the last made Act. *'o°- T- And be it enacted, That every Act made after the AU Acts commencement of this Act shall be deemed and taken ^^'f'^f P"''" to be, a public Act, and shall be judicially taken notice of less the 'con- as such, unless the contrary be expressly provided and de- trarybe clared by such Act. expresse . 8« Provided always, nevertheless. That nothing herein Suspending contained shall have any force or effect until Her Majesty's '^^"^*- pleasure therein shall be known. *,» This Act received the Royal assent on the 23rd day of October, 1851, and notification thereof was published in the Royal tfazef(e newspaper of this Island, on the 5th January, 1852. OTTAWA : Printed ly Brown Chambeelin, Law Printer lo the Queer's Most Excellent Majesty. 42J 659 -Ajneaded by )5Vic., c. 15. Corporations may sue and -be sued, &c. ings, So. 15 VIC, CHAP. 14. An Act relating to corporate bodies. BE it enacted, by the Lieutenant Grovernor, Council and Assembly, as follows : — 1- All corporations shall, where no other provision is specially made, be capable, in their corporate name, to sue and be sued, to prosecute and defend actions, to have a common seal, which they may alter at pleasure, to elect, in such manner as they may deem proper, all necessary offi- cers, and to fix their compensation and define their duties, and to make by-laws and regulations, not contrary to law nor repugnant to the charter or Act by which any such corporation may be created, for their own government and due management of their officers. Corporations 2. All corporations may, by their by-laws, where no other mme mode of pi'ovision is Specially made, determine the manner of calling calling meet- and Conducting meetings, the number of members which shall constitute a quorum, the number of shares which shall entitle the members to one or more votes, the mode of vot- ing by proxy, the mode of selling shares for the non-payment of instalments, and of transferring shares generally, the tenure of office of the several officers, and the purchase and conveyance, and sale of their real and personal estate ; and they may annex penalties to their by-laws, not exceeding, in any case, the sum of five pounds for any one offence. 3. The first meeting of all corporations shall, unless otherwise provided in their charters or Acts of incorpora- tion, be called by notice, signed by any one or more of the persons named in the charter or Act of incorporation, and setting forth the time, place, and purposes of the meeting, and such notice shall, seven days at least before the meet- ing, be delivered to each member, or left at his place of residence, or published in some newspaper of the county where the corporation may be established, or where its principal place of business shall be situate ; or if there be no newspaper in the county, then in two of the Charlotte- town newspapers. 'lo^kh Id *' Notwithstanding the corporation may hold real estate, deemed per- the shares of the stockholders shall be deemed to be personal .eonai pro- property for all purposes. perty. gg^ First meeting of corpora- tion, how ■convened. 1852. Corporate Bodies. Chap. 14. 2 5« The real estate of the company may be sold under Real estate execution, in the same manner as personal estate, and the under execa- sheriff shall, immediately after the sale, execute a deed to tion. the purchaser, which shall convey all the estate and interest of the company in the real estate so sold and conveyed. 6» All Acts or charters of incorporation shall expire, Acts or char- unless the company thereby established shall go into poraiio'n to"^" operation within three years from the passing thereof, expire unless unless otherwise specially provided therein. ?nto operafioR within three T. All corporations whose charters, after they shall have y^^^^- gone into operation, shall expire by their own limitation, colourations or shall be annulled by forfeiture or otherwise, shall, never- shall expire theless, be continued as bodies corporate for the term of ^mitat/on"^" three years after the time when they would have been so &c. dissolved, for the purpose of prosecuting and defending suits, by or against them, and of enabling them to settle and close their concerns, to dispose of and convey their pro- perty, and to divide their capital stock, but not for the pur- pose of continuing the business for which such corporations were established. *• When the charter of any corporation shall expire or Supreme be annulled, as provided in the preceding section, the appohit'trus- Supreme Court, on application of any creditor of such cor- tee or trustees poration, or of any member at any time within the three cage"'*'" years, may appoint a trustee or trustees to take charge of the estate and eifects of the corporation, and to collect the debts and property due and belonging thereto, with power to prosecute and defend suits in the name of the corpora- tion, and to appoint agents under them, and to do all other acts which might be done by such corporation, if in being, that may be necessary for the final settlement of the unfinished business of the corporation ; and the power of such trustees may be continued beyond the three years, and as long as the court shall think necessary. 9. "When any officer or member of a corporation is liable Officers or for any debts of the corporation, or for acts in relation to its "Ji^orafion business, or to contribute for money paid by other officers may be sued, or members, on account of any such debt or acts, he may be sued therefor, either in the Supreme Court or Court of Chancery. 10. The directors or board of managers, of any such cor- Directors'per- poration, the liability of whose members shall be limited ^^^^Ij J^"* by the Act or charter of incorporation, unless otherwise spousibiiity specially directed therein, shall, in all cases, be personally jhem"**^ ^^ liable for any responsibility incurred by them on account of the corporation, beyond the amount of the stock sub- scribed, without the sanction of the company, to be obtained 661 3 Chap. 14. Corporate Bodies. 15 ViCT. at a meeting thereof, held in accordance with the by-laws, unless such larger amount of dealing be specially author- ized by the Act or charter of incorporation ; but this section shall not extend to insurance companies. Seal of cor- 11 . The Acts of incorporated companies performed within Eeces3°ary°to *^® scope of their charters, or Acts creating them, shall be render acts of valid, notwithstanding they may not be done under, or be vaiui"^^*^°° authenticated by the seal of such corporations. Prohibits cor- 12. No corporation shall issue notes or bills for payment Fs3uUg°note™ of money, for the purpose of circulating the same as money, 'Ac. ' or engage in any banking or insurance business, unless specially authorized to do so by its Act of incorporation ; and if any corporation not so authorized shall issue such bills or notes, or shall engage in any banking or insurance business, its charter shall be thereby rendered void. Act to come 13* This Act shall come into operation immediately upon into operation ^^^ passing thereof, and shall extend to Acts of incorpora- tion passed during the present session of the General Assembly, but not to any Act or charter heretofore in force. UTTAWA : Punted by Bkown Chahbbblin, Law Printer to the Queen's Most Excellent Majesty. 6t)2 15 VIC, CHAP. 15. An Act to amend an Act relating to corporate bodies, is vic, c. u. BE it enacted, by the Lieutenant G-overnor, Council and Rules, &c., of Assembly, that from and after the passing of this Act, approTed"of' all rules, orders, and by-laws of any body incorporated by the Admin- under any Act passed during the present session of the Jfo'^erameia!* ■Greneral Assembly, or that may be incorporated by Act passed at any future session thereof, for emolument or 'pro- fit merely, and not for religious or moral purposes, shall first be submitted and approved of by the Administrator of the Government in Council for the time being, before the said rules, orders and by-laws shall have any force or effect, or be binding upon the members of the said corporate bodies ; any thing in the said Acts to the contrary notwith- standing. OTTAWi : Printed bj Bbown Chambbrlik, Law Printer to the Queen's Most Excellent Majesty. 6G3 15 VIC, CHAP. 34. ^'vf/^c'iT ^^^ -^^^ relating to the Charlottetown Ferry and the wliarves connected therewith. 11 Vic, c. WHEEEAS the contfact for the lease of the ferry over the Hillsborough, opposite Charlottetow^n, commonly called the Charlottetown ferry, to Thomas Boggs Tremain, of said town, merchant, entered into under the provisions of the Act of the eleventh year of the reign of Her present ^^" Majesty, chapter thirteen, intituled "An Act relating to Charlottetown Ferry" has been annulled ; and by advertise- ment, dated the sixteenth day of February, one thousand eight hundred and fifty-two, inserted in the Royal Gazette newspaper of this Island, tenders have been called for at the Secretary's office for placing a steamboat of not less than four horse power, together with row and sail boats, on Charlottetown ferry, for a term of five years, and in manner therein set forth, and such tenders have been received : and whereas doubts have arisen as to the construction of the said recited Act, and the extent of the power of the Lieutenant Governor of this Island under the same, in granting a lease of the said ferry, and it is desirable that the same should be removed, so as to provide at once for the accommodation of the public : Be it therefore enacted, by the Lieutenant Grovernor, Council and Assembly, as fol- lows : — may let the fiUlsborongh ferry for five years to low- est tender. Lt. Governor 1. It shall be lawful for the Lieutenant Grovernor, by and with the advice and consent of Her Majesty's Council, to let and grant for any space not exceeding five years, the exclusive right to the said Hillsborough Ferry, opposite Charlottetown, and the premises connected therewith, to the person or persons who may have tendered the lowest terms therefor, in accordance with the said advertisement calling for tenders as aforesaid, and provided that such person or persons shall become bound, with two responsible sureties, to be approved of by the said Lieutenant Grovernor in Council, to convey passengers, cattle and luggage across the said ferry by means of a good and sufficient teamboatf to be propelled by not less than four able horses, and which shall be not less than fifty feet in length, besides providing a sufficient number of good and sufficient keel or flat-bot- tomed boats for the conveyance of passengers, cattle and luggage across the said ferry, and also in accordance with 664 1852. Charlottetown Ferry Chap. 34. 2 the provisions of this Act, hereinafter contained, relating to the same. 2- From and after the passing of this Act it shall be law- Lt. GoTernor ful for the Lieutenant Grovernor, by and with the advice ™*y foV20^ aforesaid, from time to time, when occasion may require, to years for the let and grant for any space of time not exceeding twenty ^Y m^V*^ years from the date of the lease, the exclusive right to the steamboat said ferry and the premises connected therewith, to any thereou. person or persons who shall become bound, as aforesaid, with two responsible sureties, to be approved of by the said Lieutenant Governor in Council, to convey passengers, cattle and luggage across the said ferry by means of a good and sufhcient steamboat of not less than twelve horse power, besides providing a sufficient number of boats, as in the last clause mentioned ; or if the services of a steamboat cannot be procured, or the Lieutenant Grovernor in Council shall think fit to employ a teamboat instead thereof, then the Lieutenant Grovernor, with the advice and consent aforesaid, may let and grant, for any space of time not ex- ceeding five years from the date of the lease, the exclusive right to the said ferry and premises aforesaid, to any per- son who shall tender the lowest terms for the same, and become bound, as in the last clause mentioned, to convey passengers, cattle and luggage across the said ferry by means of a good and sufficient teamboat of the same description as in the last clause mentioned, besides provid- ing a sufficient number of good and sufficient keel or flat- bottomed boats for the conveyance of passengers, cattle and luggage across the said ferry, and in both cases in accord- ance with the provisions of this Act, hereinafter contained, relating to the said ferry. 3. The person whose tender may have been or shall here- ^"1^= »? n • Ac, in certain suit, proceeding, or bill m any court 01 common law, or m cases. any ecclesiastical court, or in any other court in this Island, instituted in consequence of adultery, or to any action for breach of promise of marriage. tF tF -vF -t? ^ OTTAWA : Printed by Bbowjt Chamberlin, Law Printer to the Queen's Most Excellent Majesty. W)& 19 VIC, CHAP. 17. An Act to alter and amend the Act relating to the Char- lottetown Ferry, and the wharves conuected therewith. [Passed lith April, 1856.] WHEREAS the contract for the lease of the Hillsborough is Vic., c.34. ferry opposite Charlottetown, otherwise called the Charlottetown ferry, to John Eoach Bourke, of township forty-nine, Esquire, entered into under the provisions of the Act of the fifteenth Victoria, chapter thirty-five, and dated the eighth day of April, one thousand eight hundred and fifty-one, has been annulled and declared forfeited, and a new contract for the lease of the said ferry, under the said Act, hath been or is about to be entered into by His Excel- lency the Lieutenant Grovernor ; and whereas it is intended to build a ferry wharf on the Charlottetown side of the Hillsborough, and it is deemed necessary to make provision for the same, and the regulation thereof, and also otherwise to amend the law relating to the said ferry : Be it therefore enacted, by the Lieutenant Grovernor, Council and Assem- bly, as follows : — 1» The Lieutenant Governor and Council are hereby Ferry wharf authorized to cause a new ferry wharf to be built on the the'^ln'd'of ** Charlottetown side of the Hillsborough, at the end of Prince Prince street Street, to extend out a sufficient depth to allow the ferry lown"'""** boat to land passengers, cattle, carriages and other freight, without danger or difficulty, both at high and low water, and to be otherwise fitted with landing slips and docks for public convenience and safety. 2. The said ferry wharf to be built at the end of Prince Wharf to be street shall be under the management and control of the ?° j^'f*?^ ''°J*' Lieutenant Grovernor, or the Administrator of the Grovern- GoTernor^?n' ment for the time being, in Council, who shall have Council. power to make and enforce such rules and regulations for the management and preservation of the same, and as to what boats or vessels (if any) shall be allowed to use it, or what articles shall be permitted to be deposited thereon, as from time to time he may think fit. 3. It shall be the duty of such person as may from time Any person to time be nominated and appointed by the Lieutenant Grover- ^^['tori^'d t 669 2 Chap. IT. Charloltetown Ferry. 19 ViCT. carry out rior ill Council for that purpose, to carry out such rules and lecf wharfage regulations, as, in manner aforesaid, may be made for the rates, &c. management of the said new wharf, and to demand and re- cover in Her Majesty's name, in the Court of Commissioners for the recovery of small debts in Oharlottetown, or before any two of Her Majesty's justices of the peace for the county, any sum of money which may be due from any person or persons for the use of the said wharf for a vessel, boat or otherwise. Queen street 4. Until the said wharf at the end of Prince street shall ferrT wha^rf ^® Completed and ready for the purposes of the said ferry until new one wharf, the ferry boat shall start from the Queen street wharf be built. jj^ Charlottetown, and from the Minchin's Point wharf on the side of the Hillsborough, opposite Charlottetown, and a sufficient space at the end, or some other convenient part of each of the said wharves, shall always be kept clear for the boats employed on the said ferry to come alongside and dis- charge and take in passengers, cattle and goods ; and it shall be the duty of the wharfinger of the Queen street wharf, and of the wharfinger of the wharf at Minchin's Point,and they are hereby empowered, with respect to their respective wharves, to enforce the provisions of this section, and to remove, or cause to be removed, all vessels, goods, boats or other things which obstruct the free approach of the ferry boats to, the said wharves ; and the wharfinger at Minchin's Point shall have the same duties and powers, with respect to keeping the said wharf clear for ferry boats, after the said wharf at the end of Prince street shall be completed and the ferry boats shall run therefrom, as are hereby given to him, when the ferry boats run from the Queen street wharf. tender is°re- ^* ^^®^ ^^^ tender for the said ferry shall be received, ceivedfor the Under the Said Act, after any advertisement calling for the ferry, &c.,Lt. game, or where, from any cause, any contract or lease con- may make nected with the said ferry, shall become and have been mana*^°m'nt ^^^^^^^^ forfeited by the Lieutenant Grovernor, it shall be thereo^!'™^" lawful for the Lieutenant G-overnor, with the advice afore- said, until a regular lease or contract shall have been en- tered into under this Act, to make such rules, regulations and arrangements respecting the said ferry, and the manage- ment and conduct thereof, as he shall deem to be most for the public benefit, advantage and convenience. Lesseeofferry 6. The present lessee of the said ferry and the premises to the^ruies Connected therewith, and also every person who shall or inserted in his may hereafter become the lessee or ferryman thereof, under contract, c. ^j^-^ ^^ ^^^ ^^-^ recited Act, shall be subject to such rules and regulations as may have been or shall be fixed and de- termined by the Lieutenant Grovernor in Council, respecting the same, previous to the execution of the lease, license or contract therefor, and mentioned and specified therein ; and 670 1856. CharloUetown Ferry. Chap. 1*7. 3 such lease, license or contract shall be and become void and forfeited, on breach of any of the said rules and regulations thereby required to be performed on the part of the lessee, licensee or contractor, when and so soon as a notice in writ- ing, signed by the Lieutenant Grovernor, declaring the same to be forfeited for such breach, shall have been served on the lessee or contractor, or inserted twice in the Eoyal Gazette newspaper published in this Island. 7. The Lieutenant Governor, with the advice and con- Lt. Governor, sent aforesaid, shall, from time to time, when occasion may *g';XT'^'^" require, on entering into any lease or contract for the said lease of the ferry, settle and fix the times of the runninar of the ferry ^^"y' ?V^^ , " scllIb Liinfis fliti boats across the said ferry, and make such other stipula- which the tions and regulations respecting the same, and the manage- ferry boats ar& ment thereof, as he may think desirable and requisite for ' the public convenience and advantage. 8. The floating brows, landing slips and docks, now or Floating hereafter to be built on both sides of the said ferry, shall at t™b"\^'t' all times be kept clear for, and used exclusively by the exclusively boats belonging to, or plying for the ferrymen or lessee of ^^^ "'^ °[ fhe said ferry for the time being, licensed and recognized by &c. ' the Lieutenant Grovernor as aforesaid ; and any person making use of the same, without the consent of such ferry- man or lessee, shall be liable to pay a penalty not exceed- ing the sum often pounds for each offence, to the use of the ferryman or lessee, or other person suing for the same, recoverable in the name of the ferryman or lessee, or other person suing for the same, before any one of Her Majesty's justices of the peace, or mayor or city councillor, for the time being, for the city of Charlottetown. 9. The fourth, fifth, sixth and seventeenth sections of the Repeals 4tb, said Act of the fifteenth year of Her present Majesty's inhge'ittons reign, chapter thirty-four, shall be and the same are hereby of 15 vic.,c. repealed. ^*- OTTAWA : Printed by Brown Chambeelin, Law Printer to the Oueen's Most Excellent Majesty. 671 19 VIC, CHAP. 19. An Act for transferring to one of Her Majesty's principal Secretaries of State the powers and estates vested in the principal officers of the Ordnance. [Passed lith April, 1856.] WHEREAS by various Acts of the Greneral Assemby of this Island, and particularly by an Act of the said Assembly, made and passed in the seventh year of the reign of His ^ w. IV., c. late Majesty King William the Fourth, chapter tweny-nine, *■ various powers and authorities were given to, or vested in, and exercisable by the principal oflBLcers of Her Majesty's Ordnance, and by the said Act, and by or under divers con- veyances, surrenders, assignments and leases, or by some other means, divers lands, hereditaments, estates and pro- perty, held, purchased, taken, used and occupied for the ordnance and barrack services in this Island, before and at the time of the revocation by Her Majesty, next hereinafter mentioned, were vested in the said principal of&cers ; and whereas Her Majesty hath thought fit to revoke the said let- ters patent of some of the said principal officers, and by other letters patent to transfer, to one of Her Majesty's principal Secretaries of State, the administration of the department, the duties of which were previously executed by the said principal officers of Her Majesty's Ordnance ; and w^hereas it is expedient, that the said several powrers and authorities, and the said lands, hereditaments, estates and property, and all interest therein respectively, should be also transferred from the said principal officers and vested in one of Her Majestv's principal Secretaries of State : Be it therefore enacted, by the Lieutenant Grovernor, Council and Assem- bly, and by the authority of the same, as follows : — Powers, &c., !• All the powers, authorities, rights and privileges mfndpa" offi- whatsoever, which by virtue of the said recited Act, or any •cere of the other Act of the General Assembly of this Island, or of any '^'■fh'^'^th- other law, custom, or usage whatsoever, have been or were Island, to be at any time vested in or exercised or exercisable hj the transferred to principal officers of Her Majesty's Ordnance, or any of them Se^cretaiy 0^° within this Island, shall from henceforth continue in full ^ate for the force, and shall be, and the same are hereby declared to be, meat. ^^*' " transferred to, and vested in, and exercisable by Her Majesty's principal Secretary of State for the time being, to w^hom Her 672 1856. Ordnance Property, 8fc. Chap. 19. 2 Majesty shall think fit to entrust the seals of the War Department. 2« All lands, hereditaments, estates and property what- All landa, soever, within this Island, which, by virtue of the said ^ig'i7iaad° recited Act, or any other Act of the said G-eneral Assembly, rested in auch or of any conveyance, surrender, lease, or other assurance, g^f^ gaid^''" or of any law, custom or usage whatsoever, before and at Secretary of the time of the revocation of Her Majesty, hereinbefore men- ^''***' *°- tioned, were vested in the principal officers of the ordnance on behalf of Her Majesty, or which have been at any time before the passing of this Act held, used, occupied or pur- chased, vested or taken by or in the name of, or by any per- son or persons in trust for Her Majesty for the use and service of the said department, or for the deience and security of the realm, and which have not been sold, aliened or parted with, shall from henceforth be, and the same are hereby ■declared to be transferred to, and vested in the last men- tioned principal Secretary of State ; and when any succeed- ing principal Secretary of State, to whom Her Majesty shall have entrusted the seals of the War Department, shall cease to hold such office, the said several lands, hereditaments, estates and property, and all lauds, hereditaments, estates and property which hereafter shall be purchased or other- wise acquired within this Island by any such last mentioned principal Secretary for the time being, on behalf of Her said Majesty, shall, by virtue of this Act, be absolutely divested -out of such Secretary of State so ceasing to hold such office as aforesaid ; and shall, by virtue of this Act, be transferred to, and vested in his successor in the said office, immediately upon his receiving the seals of the said department, abso- lutely ; and the said lands, hereditaments, estates and property hereby vested and hereaftW to be vested in the said last mentioned principal Secretary of State, shall, as to such of them as were, or shall have been purchased, or are or ^hall be held for an estate of inheritance in fee simple, be so vested in such last mentioned principal Secretary of State, and his successors, in the same manner, as if the fee simple thereof had been originally conveyed to such principal Secretary of State as a corporation sole, and his successors, and as to all lands, hereditaments and property purchased or held for any less estate than an estate of inheritance in fee simple, as if the same lands, hereditaments and property had been originally conveyed, surrendered, demised, or otherwise assured to such principal Secretary of State as a corporation sole, and his successors, for all existing estates or interest therein respectively, and so from time to time. 3» All contracts, covenants and agreements heretofore Contracts, made or entered into by any person or persons whomsoever, fhe prinbii with the said principal officers of the ordnance, or any officers of lands, hereditaments, estates and property witlain this [^tfn^to^t 43 6ty 3 Chap. 19. Ordnance Property, SfC. 19 ViCT. vice^'to b^e Island, vested in or agreed to be purchased by the principal enforced by officers, Or in anywise relating to the public service relating- ^\&^ ^/sft *° *^® department, shall be deemed and taken to have been made and entered into with such principal Secretary of State as last aforesaid, and shall be executed and enforced by him in like manner, as if he had originally been party thereto, instead of the said principal officers of the ord- nance ; and all proceedings whatsoever which have been, or might or may have been commenced, taken or done in the names of the said principal officers on behalf of Her Majesty, shall and may hereafter be commenced, continued, taken and done in the name of such principal Secretary of State as aforesaid, in like manner (in the case of proceedings already commenced, taken, or done) as if he had originally been party thereto, instead of the said principal officers of the ordnance. ^o^"s given 4. p^\\ powers by the said recited Act given to bodies c^29,*'to ' politic or corporate, feoffees or trustees for charitable or bodies cor- other public purposes, tenants for life and tenants in tail, to"be eiercis- husbands, guardians, trustees, committees, curators and ed in favour attorneys respectively, in the eighth section thereof men- insta°ce"of * tioned, to contract and agree for the absolute sale or Secretary of exchange of any messuages, lands, tenements, estates or War^Depart- other hereditaments, or sale of any reversion, or the grant ment. of any lease, and to convey, surrender, demise or grant the same accordingly, shall continue in full force, and hereafter may and shall be exercised and be acted under, or take effect in favor or at the instance of the last mentioned prin- cipal Secretary of State for the time being, on behalf of Her said Majesty, and for the public service, in the same man- ner, and as effectually as the said powers are in and by such recited Act given or created, or made exercisable in favor or at the instance of the said principal officers for the time being, on behalf of Her said Majesty, or for the public service ; and all enactments, directions and provisions in the said recited Act contained, shall continue in full force and effect, and may or shall at all times hereafter be by the last mentioned principal Secretary of State for the time being acted on, and take effect in favor of, and may be enforced by such last mentioned principal Secretary and his successors, on behalf of Her Majesty and the public service. Such Secre- 5. I^ every contract, conveyance, surrender, lease or to'be des-" other assurance of any lands, hereditaments, estates or pro- cribed in con- perty within this Island, with, unto or by the last men- as^^fger'na-'' tioned principal Secretary of State for the time being, and jeBty's princi- in every other deed or instrument relating to any such of statefoT'^^ lands, hereditaments, estates or. property, or in any wise to ihe War De- the public Service, connected with the department to which partment." ^^le last mentioned principal Secretary of State shall be or 6t4 1856. Ordnance Property, 8fC. Chap. 19. shall be intended to .be a party, it shall be sufficient to call or describe him by the style or title of " Her Majesty's prin- cipal Secretary of State for the War Department," without naming him ; and every such contract, lease, conveyance, surrender, assurance, deed or instrument may be executed by such last mentioned principal Secretary of State, or by any other of Her Majesty's principal Secretaries of State for the time being, by signing his name thereto ; and if the instrument so executed be in the form of a deed, by setting or affixing a seal thereto, and delivering the same as his deed ; and whenever any contract, conveyance, surrender, lease, assurance, deed or instrument, shall be executed by any other principal Secretary of State than the principal Secretary of State for the War Department, the principal Secretary of State so executing the same shall, for that time, and on that occasion, and for the purposes thereof, so far as relates to this Island or any lands or other property therein, be deemed to be the principal Secretary of State for the War Department. OTTAWA : Printed by Bbown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 43J 675 20 VIC, CHAP. 10. On cause shown Judge may order keeper of a jail to return to him whether a prisoner is detained. An Act for better securiBg the liberty of the subject. [Passed 15th April, 1831.] WHEEEAS the present practice of bringing up prisoners on writs of habeas corpus is attended with delay, ex- pense and inconvenience, not in general necessary for the purposes of justice : Be it therefore enacted, by the Lieu- tenant Governor, Council and Assembly, as follows : — 1. Upon sufficient cause shown to any judge of the Supreme Court, by or on behalf of any person confined in any gaol or prison, such judge may, and is hereby empowered (instead of granting his Jiat for a writ of habeas corpus cum causa, requiring the keeper of such gaol or prison to bring the prisoner before him, in order that the legality of such imprisonment may be inquired into, and discharge, bail- ment or recommitment had thereon) by order in writing, signed by him, with his name, addition of office, and place of residence, to require and direct such keeper to return to him whether or no such person is detained in prison, together with the day and cause of his having been taken and detained. Return to be 2. It shall be the daty of such keeper, immediately upon as to"aVrTt of receipt of su5h order, to make a true and full return in habeas corpus, writing to such Judge, of the day and cause of such taking *"■ and detention, to the same effect as a return to a writ of habeas corpus would now be made, such return always to include a copy of the process, warrant or order upon which the said prisoner is held, where the same is of a criminal nature, or upon any summary complaint or conviction before any justice of the peace ; and such judge may enforce obedience to such order, by process of contempt, in the same manner as he may now compel proper return to be made to a writ of habeas corpus. Upon return made, Judge to proceed and adjudi- cate on appli- cation, &c. 3. Upon return of such order, the judge may proceed to examine into and decide upon the legality of the imprison- ment, and make such order, require such verification, and direct such notices or further returns in respect thereof, as he may deem necessary or proper for the purposes of justice ; and may, and he is hereby empowered, by order in writing, 676 185Y. Liberty of the Subject. Chap. 10. 2 sigaed as aforesaid, to require the immediate discharge from prison, or may direct the bailment of such prisoner, or in such manner and for such purpose and with like effect and proceeding as is now allowed upon habeas corpus ; such bail when ordered to be entered into before any justice of the peace specially named in such order, or any justice of the county or place where there is no such nomination. 4. It shall be the duty of such keeper, immediately upon Keeper to the receipt of any order of a judge, in relation to a prisoner "jgoner of in his custody, to communicate the same to such prisoner, the order, and to give him a true copy thereof, if demanded, and to *•=•> *°^ °^^y obey the requirements of the same. 5- Every wilful neglect or disobedience of the order of WiiM neg- a judge, in relation to a prisoner, shall be deemed a misde- or^e* punfsh- meanor, and punishable as such, by fine and imprisonment, able aa a mis- or either, at the discretion of the court. demeanor. 6» The matter of the return made to the order of a judge Case may be may be heard and decided on by any other judge of the otherthaifthe Supreme Court, who shall have the same power and juris- Judge who diction in respect thereof as the judge by whom the first p^^g^ ^''* order was made. 7. No orders made under this Act shall require or enable No order to the keeper of any gaol or prison to discharge the prisoner discharge a from any commitment or charge, other than that specified in cause not such order ; but it shall be the duty of such keeper in every specified, return made to a judge's order, to specify the several causes of commitment and detention, if more than one, and if between the time of making a return and receiving an order for the discharge or bailment, any other warrant, process or order shall have been delivered to him, requiring the de- tention of the prisoner, upon any charge of a criminal na- ture or summary complaint or conviction, such keeper shall, without any further order, make and transmit to the judge an additional return, with a copy of such warrant, process or order, and the time of receiving the same, which may be dealt with by such judge as if made pursuant to an order for that purpose granted. 8- Nothing in this Act contained shall extend, or be con- Act not te strued to deprive any person who may have been falsely jem^^'^'for imprisoned, from his remedy by civil writ, against any per- fake imprf. son who may have illega;lly caused such imprisonment ; so"™^''*- but the judge, by whom relief may be afforded under this Act, may, by his order, exempt any such keeper of a gaol from civil writ, who may appear to him to have acted upon the warrant or order of any judge or justice, according to the requirement of the same, without malice or evil intent, 677 Chap. 10. Liberty of the Subject. 20 ViCT. although such warrant or order may be bad in form or sub- stance ; and any such order of exemption may be pleaded in bar to any action brought against such keeper. OTTAWA : Printed by Bbown Chambeblin, Law Printer to the Queen's Moat Excellent Majesty. 678 23 VIC, CHAP. 23. An Act to amend the laws relating to Bills of Lading. [Passed 2nd May, 1860.] TI7 HE liEAS, by the custom of merchants a bill of lading of V V goods being transferable by endorsement, the property in the goods may thereby pass to the endorsee, bat, neverthe- less, all rights in respect of the contract contained in the Hll of lading continue in the original shipper or owner ; and it is expedient that such rights should pass with the property; and whereas it frequently happens, that the goods in respect of which bills of lading purport to be signed iave not been laden on board ; and it is proper, that such bill of lading in the hands of a bond fide holder for value should not be questioned by the master or other person signing the same, on the ground of the goods not having been laden as aforesaid : Be it therefore enacted by the Lieutenant-Grovernor, Council and Assembly as follows : — !• Every consignee of goods named in a bill of lading. Consignee of and every endorsee of a bill of lading to whom the property fn^orgee of a in goods therein mentioned shall pass upon or by reason of bill of lading such consignment or endorsement, shall have transferred to rL^tJorsuft and vested in him all rights of suit, and be subject to the &c., as if coa- same liabilities in respect of such goods, as if the contract ^ftii* himself contained in the bill of lading had been made with himself. 2« Nothing herein contained shall prejudice or affect any Rights of right of stoppage in transitu, or any right to claim freight f'°^^*t^* ^^ against the original shipper or owner, or any liability of not affected "' the consignee or endorsee by reason or in consequence of his ^^' ''^'^ •*^'^*'- being such consignee or endorsee, or of his receipt of the goods, by reason or in consequence of such consignment or endorsement. 3. Every bill of lading in the hands of a consignee or Bin of lading, endorsee for valuable consideration, representing goods to ^onciusi've have been shipped on board a vessel, shall be conclusive evidence of evidence of such shipment, as against the master or other feen shipped^ person signing the same ; notwithstanding that such goods, against party or some part thereof may not have been so shipped, unless s^^e^lc!'* such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not 679 Chap. 23. Bills of Lading. 23 ViCT. been in fact laden on board ; provided that the master or other person so signing may exonerate himself in respect of such misrepresentation, by showing that it was caused with- out any default on his part, and wholly, by the fraud of the shipper or of the holder, or some person under whom the holder claims. OTTAWA -. Printed by Brown Chameeblin, Law Printer to the Queen's Most. Excellent Majesty. 680 24 VIC, CHAP. 7. An Act for the preservation of the alewives' fisheries in this Island. [Passed 29th April, 1861.] WHEREAS the alewires fisheries are of considerable benefit to this Island, and it being therefore desirable that due protection should be given to the said fisheries : Be it enacted, by the Lieutenant Governor, Council and Assembly, That from and after the passing of this Act ^ ^ Jj^ J^ At T^ TT T5* T^ "Tf lO. Any person or persons setting or taking up any net ^!??'*y ^°![ or nets on the Sabbath day shall be liable to the penalty on Sunday* imposed by the laws of this Island for a violation of the Sabbath day. ^ ^ ^ -^ -^ W "TV -TV* T^ ^ OTTAWA: Printed by Brown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 681 24 VIC, CHAP, 27. An Act relating to the punishment of certain cases of felony and misdemeanor. [Passed 29th April, 1861.] Preamble. TTTHEREAS there are several crimes now by law punish- VV able with death, and it is expedient that such capital punishment should in such respects be abolished, and a lesser punishment prescribed in lieu thereof ; and also that the crime of incest should be made punishable in manner hereinafter enacted : Be it enacted by the Lieutenant G-ov- ernor. Council and Assembly, That from and after the pass- ing of this Act ^ * # # # Punishment for the crime «f incest. 3. Every person hereafter convicted of the crime of incest shall be guilty of a misdemeanor, and shall be liable to be imprisoned, with or without hard labor, in the common gaol or house of correction for any term not exceed- ing twenty-one years. OTTAWA : Printed by Brown Chambkblin, Law Printer to the Queen's Most Excellent Majesty. 682 B 25 VIC, CHAP. 13. An Act relating to limited partnerships. [Passed 11th April, 1862.] E it enacted by the Lieutenant G-overnor, Council and Assembly, as follows : — ^ * ^ ^ ^ 9. No general assignment by such partnership in case of Assignment, insolvency, or insufficiency of assets for the payment of their ^ii^°ea_ debts shall be valid, unless it shall provide for a distribution of the partnership property among all the creditors, in pro- portion to the amount of their several claims, and notice thereof to be given in the Royal Gazette newspaper of the said Island, and the creditors, within forty days after such publication, do not dissent therefrom in writing ; but debta due to Her Majesty shall first be paid or secured. j^ j^ ^ jj^ ^ ^^ TP •TV' w TV- OTTAWA : Printed by Brown Chambbrlin, Law Printer to the Queen's Most ExcellcRt Majesty. 633 25 VIC, CHA.P. 23. An Act for vesting all estates and property occupied by or for the Naval Service of the United Kingdom of Great Britain and Ireland in the Lord High Admi- ral or the Commissioner for executing the office of the Lord High Admiral of the said United King- dom, for the time being. , [Passed 11th April 1862.] Preamble. "TTTHEREAS dlvers messuages, lands, tenements and here- VV ditaments have been at various times purchased for the use of the naval service of the United Kingdom of Great Britain and Ireland, and conveyed to several different per- sons in trust for Her Majesty and her royal predecessors, and her and their heirs and successors, and the same have been placed under the charge of the commissioners for executing the oiiice of Lord High Admiral of the said United Kingdom for the time being, and it is expedient that the same, and all other messuages, lands, tenements and here- ditaments that may be hereafter purchased, or in any man- ner Used and occupied by or for the said service, should be vested in the Lord High Admiral of the said United King- dom, or the commissioners for executing the office of Lord High Admiral aforesaid, for the time being : Be it enacted by the Lieutenant Grovernor, Council and Assembly, as follows : — All lands, 1. From and after the passing of this Act, all messuages, ed, '&c"°to^" lands, tenements and hereditaments, erections, buildings, anypersonsin and property whatsoever, which have been conveved to, or trust for Her J: j • i i n ■ Majesty for ^^e Vested m any person or persons, or are held, or m the use of the any manner occupied by, or in the name of, any per- to becomr'*'^ SOU or persons in trust for Her Majesty, or her royal prede- vested in the cessors, and her or their heirs or successors, for the use of Admiraif &c. ^^® naval Service of the said United Kingdom, or of any of in trust for the departments of or belonging to the said naval service, Bervi^e*^^^*^'^ by whatever mode of conveyance, or by whatever title, or for whateA^er estate or interest therein, the same shall have been conveyed, or be vested, held or occupied, together with the rights, members, easements and appurtances to the same respectively belonging, shall be, and become, and remain, and continue vested in the Lord High Admiral of the said United Kingdom, or the commissioners for executing the 684 1862. Property for Naval Service. Chap. 23. 2 office of Lord. High Admiral aforesaid, for the time being, according to the respective nature and quality of the said messuages, lands, tenements and hereditaments, and the several estates and interests of and in the same respectively, in trust for Her Majesty, Her heirs and successors, for the public service. 2. From and after the purchase and conveyance, grant All lan^^^^^ ^ or demise thereof, all other messuages, lands, tenements and purchased to hereditaments which shall at any time or times hereafter be become vested purchased, taken, held or occupied by the Lord High Ad- HighVd-'^ miral, or the commissioners for executing the office of Lord mirai, &c., in High Admiral aforesaid, for the time being, or by any person g^^d. ^^ ^ °^^' or persons, by his or their order, for the naval service of the said United Kingdom, or of any of the departments of or be- longing to the said naval service, and all erections and build- ings which shall then or may be thereafter erected or built thereon, with the rights, members, easements and appurten- ances to the same respectively belonging, shall in like man- ner be and become, and remain and continue, vested in the Lord High Admiral of the said United Kingdom, or the commissioners for executing ihe office of Lord High Admiral aforesaid, for the time being, and his or their successors in the said office, according to the respective nature and qual- ity of the said messuages, lands, tenements and heredita- ments, and the several estates, and interests of and in the same respectively, in trust as aforesaid. 3- Upon the death, resignation or removal of the present Upon the , commissioners for executing the office of Lord High Admiral deafh'Tc.^'of of the said United Kingdom, or of any of them, or of any future Commission- such commissioners, or of any Lord High Admiral of the nfi^'Ad"'^'^ said United Kingdom, all such messuages, lands, tenements miral, lands, and hereditaments, respectively, shall become vested in^ &<= > to be- and be held by, the succeeding commissioners for executing in tbeir suo- the office of Lord High Admiral aforesaid, or the Lord High lessors. Admiral aforesaid, as the case may be, and so in perpetual succession, according to the respective nature and quality of the said messuages, lands, tenements and hereditaments, and the several estates and interests of and in the same re- spectively, in trust as aforesaid. 4. In all deeds, conveyances, leases, contracts and other Property for instruments touching any estate, property, matter or thing riceTo^l ^"' relating to the naval service of the said United Kingdom, conveyed to or to any department under the control of the commission- Admirai.^'^'' ers for executing the office of Lord High Admiral aforesaid, or whereto they or any of them shall be parties, it shall be sufficient to describe them generally by the style and title of "The commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland," without expressing their names, and all such 685 3 Chap. 23. Property for Naval Service. 25 ViCT. deeds, conveyances, leases, contracts and other instruments wherein the said commissioners shall be so described, and the execution or signature thereof, by any two of them, shall be as valid and effectual to all intents and purposes, as if they or any of them had been expressly named therein, and had executed or signed the same. Power to sell 5. It shall and may be lawful for the commissioners for an^ exc ange, g^ecuting the office of Lord High Admiral aforesaid, for the time being, or any two or more of them, or the Lord High Admiral aforesaid, to sell, exchange, or in any manner dis- pose of, or let, or demise any of the messuages, lands, tene- ments and hereditaments respectively, which shall be vested in them under or by virtue of this Act, with their respective appurtenances, either by public auction or pri- vate contract, and in due form of law to convey, surrender, assign or make over, or to grant, or demise the same respec- tively, as the case may require, to any person or persons who shall be willing to purchase or take the same respec- tively, and also to do any other act, matter or thing in relation to any such messuages, lands, tenements and hereditaments which they or he shall deem beneficial for the public service in relation thereto, or for the better man- agement thereof, which might be done by any person or persons having a like interest in any such messuages, lands, tenements or hereditaments. Commission- 6. j^ giiall be lawful for the said commissioners for e"toBue7*c. executing the office of Lord High Admiral aforesaid, for the time being, or the Lord High Admiral aforesaid, for the time being, and they are hereby authorized and empowered to bring, prosecute and maintain any action, suit or other proceedings at law or in equity, for recovering possession of any messuages, lands, tenements or hereditaments by this Act vested in them or him as aforesaid, and to distrain or sue for any arrears of rent which shall have or shall become due for or in respect thereof, under any demise from the said commissioners, or Lord High Admiral, or any person or persons on their or his behalf, or on behalf of Her Majesty, and also to bring, prosecute or maintain, or to defend any other action or suit in respect of or in relation to the said messuages, lands, tenements or hereditaments, or any tres- pass or encroachment committed thereon, or damage or injury done thereto, and that in every such action or suit the said commissioners shall be called "The commissioners for executing the office of Lord High Admiral of Great Britain and Ireland," without naming them ; and no such action or suit shall abate by the death, resignation or removal of such commissioners, or any of them, or of such Lord High Admiral, any law, custom or usage to the con- trary notwithstanding ; and the said commissioners or Lord High Admiral shall be entitled to recover costs for and on 686 1862. Property for Naval Service. Chap. 23' 4 behalf of Her Majesty, where judgment shall be given for Commission- the Crown, and shall \>& liable to pay costs, where judgment trp^jand"'* shall be given against the Crown, in any such action, suit entitled to or other proceeding in like manner, and subject to the same ^^f'^* *'°^*'' rules and provisions as though such action, suit or other proceeding had been had between subject and subject. OTTAWA : Printed by Bbown Chambbblin, Law Printer to the Queen's Most Excellent Majesty. 68t 27 VIC, CHAP. 9. 14 Vic, c. 2. An Act to amend the Act now in force for the relief of Insolvent Debtors. B [Passed 2nd May, 1864.J E it enacted by the Lieutenant Grovemor, Council and Assembly, as follows : — Orders for re- 1. That the original order which the Supreme Court, or maybesTgned the judges thereof, or the commissioners appointed to carry by one Judge into effect the purposes and provisions of the Act of the "fouer™""^" fourteenth year of Her Majesty Queen Victoria, chapter the second, are on application of any party, for relief as an insolvent debtor, authorized and required to make, by the fifth section of the said recited Act, to the sheriff or gaoler, in whose custody the applicant shall be confined, in order to bring such person up before them, may hereafter be made either by the court or by one judge thereof, or by one of the said commissioners, ^ 4JL 4^ 4^ J£, •7^ Tt" "TT "R- ^ OTTAWA : Printed by Brown Chambeklin. Law Printer to the Queen's Most Excellent Majesty. 688 27 VIC, CHAP. 32. An A.ct relating to Steam^communication between Char- lottetown and certain parts of the Hillsborough and Elliot Rivers, and to^repeal a certain Act therein mentioued. B [Passed 2nd May, 1864.] E it enacted by the Lieutenant G-overnor, Council and Assembly, as follows : — "J!'l- From and after the passing of this Act it shall be Lt. GoYemor lawful for the Lieutenant Governor, or other Administrator empo*^ered\o of the Government for the time being, with the advice of grant lo Her Majesty's Executive Council, to let and grant to any indi- Jun'^boat^'^"" vidual or company, for any period 7)ot exceeding ten years, the exclusive right of running one or more good and suffi- cient steamboats, for the use and accommodation of the pubhc, between Charlottetown and Mount Stewart Bridge, ■on the Hillsborough River, and between Charlottetown and Bonshaw Bridge, or any other point or points on the Elliot Eiver; and also shall have power to prescribe, how often from the opening of the navigation to the close, and the days •on which such steamboat or steamboats shall run or perform their trips on said rivers ; and also to fix the points or places at which they shall call on their respective routes, and the rates of fare or charges for the conveyance of passengers' luggage and freight, which shall or may be charged by the ■owner or owners of the steamer or steamers whose tender shall be accepted by the Executive G-overnment. 2* It shall be the duty of the Lieutenant G-overnor or Notices to be •other Administrator of the G-overnment for the time being, ^"^ '^ ^ ' in Council, before entering into any contract for any of the purposes aforesaid, to notify the public, by advertisements in some one or more of the newspapers published in Char- lottetown, that the privilege of running the said steamboat or steamboats in manner by this Act provided, is open to public competition for such time as in such advertisement may in that behalf be limited or expressed ; and it shall be the duty of the Lieutenant G-overnor in Council, to contract and agree with such person or persons as may be willing to accept and enter into the said contract, upon the best and most favorable terms for the interests of the public ; and in 4i 689 Chap. 32. Charlottetown Steam Service. 2V Vict. Security of passengers. such contracts shall and may be contained and set forth all such clauses, stipulations and agreements as may be deemed by the Executive Government necessary or desirable for the security of the passengers and property to be conveyed in and on board of such steamboat or steamboats ; and to ensure regularity in the running of such boat or boats, or which may in any way or manner tend to the convenience or accommodation of the public. Mails to be 3. i^ entering into any such contract, the Lieutenant Governor shall have power and authority to bind the party or parties agreeing to run such steamboat or steamboats, to convey any mails on board the same to and from any place or places within the several routes of such steamboat or steamboats, when and as often as may be required by any regulation of the Post Office Department, or any order of the Government of this Island, or of the Postmaster General in that behalf Boad to be given. 4. The Lieutenant Governor in Council shall cause the party contracting for the service of such boat or boats, to enter into a bond with two sufficient sureties, for the due performance of such contracts as may be entered into ; and in case of non-compliance with the conditions of such con- tract, the Lieutenant Governor in Council shall havejpower to determine the same. * * * * # OTTAWA : Printed by Brown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 690 29 VIC, CHAP. 11. An Act to amend the Act intituled " An Act for estabUsJi- 5W. iv., cap. ing a Court of Divorce in this Island, and for repealing ^^■ a certain Act therein mentioned.'' [Passed 11th May, 1866.] WHEREAS the Act of the G-eneral Assembly of the said Preamble. Island, passed in the fifth year of the reign of his late Majesty, King 'William the Fourth, intituled " An Act for establishing a' Court of Divorce in this Island, and for repealing a certain Act therein mentioned," contains no provision compelling the sheriffs of the several counties to serve any citations, -writs or orders, or to execute any process of con- tempt, in case they should decline or refuse, vrhen ordered or directed by the said court so to do ; and whereas it is expedient that the sherifls of the several counties should exe- cute the process of the said court, when required so to do : Be it therefore enacted, by the Lieutenant Grovernor, Council and Assembly : — !• That it shall be the duty of the sheriffs in the several Sheriff to exe- counties, to serve any citations, writs, orders or decrees, and &'^c!* ^m' to execute any process of contempt, or any other process of vorce Court, the said court, within their respective counties, that may be sent to them for that purpose. 2. AH sheriffs, deputy sheriffs, gaolers, constables, and Sheriffs, &c., other officers shall be aiding, assisting and obeying the said o^^y the" court, in the exercise of its iurisdiction, whenever required Court of so to do. °^^°'='- 3. The common gaol of the County of Queen's shall be ^"j^n^o be°" the prison of the said court : Provided always, that in case tL prison of it shall be expedient, and it shall seem to the said court that said Court. the ends of justice require it, any prisoner of the court may ProTiso. be commited to the common gaol of any county within which he may reside, in case the court or the Lieutenant G-overnor shall so order or direct. OTTAWA : Printed by Brown Chambbelin, Law Printer to the Queen's Most Excellent Majesty. 44i 691 29 VIC, CHAP. 37. An Act for the regulation of Benefit Building Societies. Preamble. Societies may be formed. Value of shares, &c , how raised. Object of as- sociation. Power to frame and amend rules, impose fines, &c. [Passed 11th May, 1866.] WHEREAS certain societies, commonly called building societies, have been established in different parts of the United Kingdom of G-reat Britain, and in the Provinces of British North America, principally amongst the indus- trious classes, for the purpose of raising, by small periodical subscriptions, a fund to assist the members thereof in ob- taining a small freehold or leasehold property, and it is expedient to afford encouragement and protection to such societies, and the property obtained therewith in this Island : Be it therefore enacted, by the lieutenant Grover- nor. Council and Assembly: — !• That it shall and may be lawful for any niimber of persons in this Island to form themselves into and establish societies for the purpose of raising, by the monthly or other subscriptions of the several members of such societies, shares not exceeding the value of one hundred and fifty pounds for each sharo, such subscriptions not to exceed in the whole twenty shillings per month for each share, or stock or fund, for the purpose of enabling each member thereof to receive out of the funds of such society the amount or value of his or her share or shares therein, to erect or purchase one or more dwelling house or dwelling houses, or other real or leasehold estate, to be secured by way of mortgage to such society until the amount or value of his or her shares shall have been fully repaid to such society, with the interest thereon, and all fines and other payments incurred in respect thereof; and to and for the several members of such society, from time to time, to assemble together and to make, ordain and constitute such wholesome and proper rules and regulations for the government and guidance of the same as to the major part of the members of such society, so assembled together, shall seem meet, so as such rules shall not be repugnant to the express provisions of this Act and to the general laws of this Island ; and to impose and inflict such reasonable fines, penalties and for- feitures upon the several members of any such society who shall offend against any such rules, as the members may think fit, to be respectivelv paid to such uses for the benefit 692 1866. Benefit Building Societies. Chap. 3t. 2 of such society, as such society, by such rules, shall direct ; and also, from time to lime, to alter and amend such rules as occasion shall require, or annul or repeal the same, and to make new rules in lieu thereof, under such restrictions as are in this Act contained : Proyided, that no member shall No dividend receive, or be entitled to receive, from the funds of such ^^^^e/ '"un^g^ society, any interest or dividend, by way of annual, or other on with- periodical profit, upon any shares in such society until the drawal. amount or value of his or her share shall have been realized, except on the withdrawal of such member, according to the rules of such society then in force. 2- It shall and may be lawful to and for any such society Tlie rules may in and by the rules thereof, to describe the form or forms of ^l^^^^i^. conveyance, mortgage, transfer, agreement, bond, or other strumenta. instrument which may be necessary for carrying the pur- poses of the said society into execution, and which shall be specified and set forth in a schedule to be annexed to the rules of such society, and duly certified and deposited as hereinafter provided. 3. There shall be made two transcripts, fairly written on Two tran- papcr or parchment, of all rules made in pursuance of this J^ies and Act, signed by three members, and countersigned by the Sec- amended retary of any such society (accompanied, in the case of an '^^ ®^' alteration or amendment of rules, with an affidavit of the Secretary or one of the officers of the said society, that the provisions of this Act have been duly complied with), wilii all convenient speed after the same shall be made, altered cr amended; and so, from time to time, after every making", For the Attor- ; altering or amending thereof, shall be transmitted to Her °^y ^^°®™'- ; Majesty's Attorney G-eneral of this Island, for the purpose of ascertaining whether the said rules of stich society, or alteration or amendment thereof, are calculated to carry into effect the intention of the parties framing such rules, alterations or amendments, and are in conformity to law and to the provisions of this Act ; and that the said Attorney To advise r General shall advise with the Secretary, if required, and g^^e'certtfi-^ shall give a certificate on each of the said transcripts, that cate. the same are in conformity to law and to the provisions of this Act, or point out in what part or parts the said rules are repugnant thereto ; and that the Attorney G-eneral, for His fee. advising as aforesaid, and perusing the rules or alterations, or amendments of the rules of each respective society, and giving such certificates as aforesaid, shall demand no farther fee than the sum of one guinea, which shall be defrayed by each society respectively ; and one of such transcripts, when How trans- certified by the Attorney General, shall be returned to the "je^lof'" society, and the other of such transcripts shall be transmitted by the Attorney General to the Supreme Court of .Judi- cature, at (Jharlottetown, during the term next after the time vrhen such transcript shall have been so certified as 693 3 Chap. ST. Benefit Building Societies. 29 ViOT. To be coa- aforesaid ; and the justices of the said Supreme Court are pr^e Court"" hereby authorized and required, upon motion of counsel, to and filed. allow and confirm the same ; and such transcript shall be filed by the prothonotary of the said court, with the records of the said Supreme Court in his custody, without fee or Certified rules reward ; and that all rules, alterations and amendments society. thereof, from the time when the same shall be certified by the Attorney G-eneral, shall be binding on the several members and ofiicers of the said society, and all persons having interest therein. On refusing to 4. In case the Attorney Greneral shall refuse to certify all may be sub-^ or any of the rules, so to be submitted for his perusal and milted by so- examination, it shall then be lawful for any such society to preme "court. Submit the same to the said Supreme Court, together with the reasons assigned by the Attorney G-eneral, in writing, for any such rejection or disapproval of any one or more such rules ; and that the said Supreme Court shall and may, if deemed fit, confirm and allow the same, notwithstanding any such rejection or disapproval by the Attorney G-eneral. Attorney 5. The Attorney G-eneral shall be entitled to no further fcther ftes. ^®® ^^r or in respect of any alteration or amendment of any rules upon which one fee has been already paid to the Attorney General, within the period of three years : Provided also, that if any rules, alterations or amendments are sent to the Attorney G-eneral, accompanied, with an aflB.da-\?it of being a copy of any rules or alterations or amendments of the rules of any other society which shall have been already enrolled under the provisions of this Act, the Attorney Gen- eral shall certify and return the same, as aforesaid, without being entitled to any fee for such certificate. Euies must be 6. No such society, as aforesaid, shall have the benefit book to be of this Act unless all the rules for the management thereof keptbySecre- shall be entered in a book to be kept by the secretary of such to members'"'^ Society, and which book shall be open at all seasonable times inspection, for the inspection of the members of such society ; but, never- Nothing to theless, nothing contained herein shall extend to prevent any amendments, alteration in or amendment of any such rules, so entered or transmitted 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 for the management of such society, in such manner as by the rules of such society shall, from time to But not to be time, be provided ; but such new rules, or such alterations in^ orce, "h ' i jjj ^j. amendments of former rules, or any order annulling or repealing any former rules, in the whole or in part, shall not be in force until the same respectively shall be entered in such book, as aforesaid, and certified, when necessary, by the Attorney G-eneral, and until a transcript thereof shall be transmitted to the Supreme Court, as aforesaid, and the pro- thonotary shall file and certify the same as aforesaid. 694 1866. Benefit Building Societies. Ohap. 37. 4 7- All rules from time to time made and in force for Andsoen- the management of such society as aforesaid, and duly entered grmed by Su- in such book, as aforesaid, and confirmed by the said Supreme preme Court, -Court as aforesaid, shall be binding on the several members ° ® ™ '°s- and officers of such society, and the several contributors thereto and representatives, all of whom shall be deemed and taken to have full notice thereof, by such entry and con- tribution as aforesaid ; and the entry of such rules in such What copies, book as aforesaid, or the transcript thereof, transmitted to fy'^'^ence! the said Supreme Court, and filed with the prothonotary thereof, as aforesaid, or a true copy of such transcript examined with the original, and proved to be a true copy, shall be received as evidence of such rules respectively in all cases; and no legal process whatever shall be brought or No legal pro- allowed to remove any such rules into any court of law or ''^f '9 remove ■equity within this Island ; and every copy of any such tran- Court, script, transmitted and filed as aforesaid, shall be made with- out fee or reward, except the actual expense of makiiig such ■copy. 8- No rule, confirmed by the Supreme Court, as afore- Confirmed said, shall be altered, rescinded or repealed, unless at a gene- "^"'^^ *° ^^. ral meeting of the members of such society, as aforesaid, con- by special vened by public notice, written or printed, signed by the g«ne™i meet- secretary or president of such society, in pursuance of a ^' requisition for that purpose by seven or more of the members of such society ; which said requisition and notice shall be publicly read at the two usual meetings of sxich society to be held next before such general meeting, for the purpose of such alteration or repeal, unless a committee of such mem- Or specially bers shall have been nominated for that purpose at a general appo'°te c- 79 to Parliament of Canada, thirty-first Victoria, chapter seventy- ^^^ ^' nine, and all the provisions of the said sections with respect to the votes of the bondholders, the quorum at the meeting, and generally with respect to the election of Commissioners tuider the said Act shall apply to elections under this Act, except that the notice of the meeting for the election shall be given by the Secretary-Treasurer of the Harbor Commis- sioners for the time being ; Provided always, that the next ^{^^^^°^- ^'■^* meeting of the bondholders for the election of Commission- ers, shall be held on the first Monday in September, in the present year, one thousand eight hundred and sixty-nine, and the right to vote at such election shall be established "1 the production of the bonds of the Commission. Y41 ^ Chap. 44. Harbor of Quebec. 32-33 Vict. ^. The present Commissioners shall continue to hold Present Com- "mafn until" office as such until replaced by Commissioners elected under replaced. this Act, but the present Commissioners or any of them may be re-elected. Sai^^ofdeep 4. The Sale of any deep water lot forming part of the property vested in the Quebec Harbor Commissioners, shall not be valid or eiFectual until sanctioned by the Grovernor in Council. Property vested in Commiasion- €r9 in trust not to be liable in execution. Exception. Income to be held in trust for bond- holderd, &c. Power of bondholders at a special meeting to agree to a reduction of interest and a Sinking Fund. 5. The property vested in the Corporation of the Quebec Harbor Commissioners by the Acts above cited in trust as therein mentioned, and all other property now belonging to the said Corporation of the Quebec Harbor Commissioners, shall continue to be vested in the said Corporation as consti- tuted by this Act, in trust for the holders of bonds of the Que- bec Harbor Commissioners, and for the other purposes in the said Acts mentioned, and shall not be liable for any debt or subject to execution or any other legal process based on any judgment or debt due or alleged to be due by the Corporation, except that nothing in this section contained shall aflFect or diminish any right of any existing creditor of the Corporation other than a bondholder, or any right of any bondholder founded on any judgment obtained, or on any suit pending, before the passing of this Act. 6- The dues, tolls, duties and other revenues and profits collected and received by the Commissioners shall also be held by the Corporation in trust for the said bondholders, and for the other purposes in the said Acts mentioned, and shall after the payment of expenses of collection of the same and other prior charges authorized by law, be applied for the benefit of the bondholders in such manner as the Commis- sioners may from time to time appoint, but subject to the provisions hereinafter contained. '7. Upon a requisition to the chairman of the Commission- ers signed by holders of bonds to the amount of not less than one hundred thousand dollars, the chairman shall, by advertisement published in French and English for four weeks at least, in the Canada Gazette, in the Quebec Official Gazette, and in at least two newspapers published in each of the cities of Quebec and Montreal, call a special meeting of the holders of bonds of the Quebec Harbor Commssioners to be held at Quebec ; and at such meeting, any number of bondholders present in person or by proxy who shall repre-; sent three fourths in value of the said bonds, may resolve,; by their vote given at such meeting that the rate of interest payable on the said bonds shall be reduced and that a sinking fund shall be created to provide for the redemption of the said bonds, and they may, by such vote and resolution, fix the new rate of interest to be so paid, and the amount to be 742 1869. Harbor of Quebec. Chap. 44. added annually in the sinking fund ; and such vote and res- olution being certified to the Commissioners by the chair- man and secretary of the meeting (such chairman and fiecretary being respectively one of the Commissioners and the Secretary-Treasurer of the Commissioners) shall be bind- ing on all the bondholders and shall be acted upon by the said Commissioners : Provided always, that inasmuch as the bonds issued by the Commissioners bear different rates •of interest, such several rates shall all be reduced in like pro- • portion, that is by an equal percentage on or aliquot part of €ach rate. 8. So much of any of the Acts hereinbefore mentioned as Repeat is repugnant to or inconsistent with the provisions of this Act is hereby repealed. 9. This Act shall be construed as one Act with the other Act how Acts for the improvement and management of the Harbor ''°°^*'""*^- of Quebec. OTTAWA : Printed by Brown Chambbrlijt, Law Printer to the Queen's Moat Excellent Majesty. •743 33 VIC, CHAP. 3. An Act to amend and continue the Act 32 and 33 Vic- toria, chapter 3, and to establish and provide for the Government of the Province of Manitoba. Preamble. [Assented to 12th May, 1810 WHEREAS it is probable that Her Majesty the Queen may, pursuant to " The British North America Act, 1867," be pleased to admit Rupert's Land and the North-Westem Territory into the Union or Dominion of Canada, before the next Session of the Parliament of Canada : And whereas it is expedient to prepare for the transfer of the said Territories to the Government of Canada at the time appointed by the Queen for such admission : And whereas it is expedient also to provide for the organ- ization of part of the said Territories as a province, and for the establishment of a government therefor, and to make pro- vision for the civil government of the remaining part of the said Territories, not included within the limits of the Province : Therefore Her Majesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows : — # ^ * * CMtain pro- 2. On, from and after the said day on which the Order of B. Nn? Act, the Queen in Council shall take effect as aforesaid, the pro- 1867, to apply visions of " The British North America Act, 186'7," shall, except to anito a. j-j^^gg parts thereof which are in terms made, or, by reason- able intendment, may be held to be specially applicable to, or only to affect one or more, but not the whole of the Prov- inces now composing the Dominion, and except so far as the same may be varied by this Act, be applicable to the Prov- ince of Manitoba, in the same way, and to the like extent, as they apply to the several Provinces of Canada^ and as if the Province of Manitoba had been one of the Provinces originally united by the said Act. # * * * * Lieutenant- Governor. 6. For the said Province there shall be an officer styled the Lieutenant-Governor, appointed by the Governor Gen- eral in Council, by instrument under the Great Seal of Canada. 744 1810. Manitoba.. Chap. 3. 2: 7. The Executive Council of the Province shall be com- Executive posed of such persons, and under such designations, as the Lieutenant-Governor shall, from time to time, think fit ; and in the first instance of not more than five persons. 8. Unless and until the Executive G-overnment of the Seat of Province otherwise directs, the seat of government of the 0"^^''°™^'' ' same shall be at Fort Garry, or within one mile thereof. 9. There shall be a Legislature for the Province, consist- Legislature, ing of the Lieutenant-Governor, and of two Houses, styled respectively, the Legislative Council of Manitoba, and the Legislative Assembly of Manitoba. 10. The Legislative Council shall, in the first instance, be Legislative composed of seven members, and after the expiration of Council. four years from the time of the first appointment of such seven members, may be increased to not more than twelve members. Every member of the Legislative Council shall, Members and be appointed by the Lieiitenant-Governor in the Queen's ^^^j appomt- name, by instrument under the Great Seal of Manitoba, and shall hold office for the term of his life, unless and until the Legislature of Manitoba otherwise provides under " The British North America Act, 1861." 11> The Lieutenant-Governor may, from time to time, by Speaker, instrument under the Great Seal, appoint a member of the Legislative Council to be Speaker thereof, and may remove him and appoint another in his stead. 12. Until the Legislature of the Province otherwise pro- Quorum, vides, the presence of a majority of the whole number of the Legislative Council, including the Speaker, shall be neces- sary to constitute a meeting for the exercise of its powers. 13' Questions arising in the Legislative Council shall be Voting. decided by a majority of voices, and the Speaker shall, in all cases, have a vote, and when the voices are equal the decis- Equality of ion shall be deemed to be in the negative. ^°^^' 14» The Legislative Assembly shall be composed of legislative twenty-four members, to be elected to represent the elec- -*-^^^°'°'>'- toral divisions into which the said Province may be divided by the Lieutenant-Governor, as hereinafter mentioned. ■*'?• The presence of a majority of the members of the Quorum. Legislative Assembly shall be necessary to constitv\te a meeting of the House for the exercise of its powers ; and for that purpose the Speaker shall be reckoned as a member. '®» The Lieutenant-Governor shall (within six months Electoral of the date of the Order of Her Majesty in Council, admit- '^'™'°°^- 145 Chap. 3. Manitoba. 33 Vict. ing Eupert's Land and the North-Western Territory into the Union), by Proclamation under the G-reat Seal, divide the said Province into twenty-four electoral divisions, due regard being had to existing local divisions and popula- tion. And all other parts of any of the Acts aforesaid, and all Acts or parts of Acts of the Legislature of the said Province, in addition to or in amendment of the said recited Act, together with all forms and tables of fees or costs authorized or re- quired thereby, are hereby declared to be in force within the said Province, for the purposes, and in the Parish of Port- land, therein mentioned or intended, and are continued and made perpetual so far as the provisions thereof relate to matters not coming within the classes of subjects by " The British Noi'th America Act, 1861," assigned exclusively to the Legislatures of the Provinces, and are not inconsistent with those of any Act of the Parliament of Canada now in force. 2* All fines, penalties, forfeitures or costs ordered, imposed Fines, 4c., ■and received by the police magistrate, or sitting magistrate, paid over'to^* alone, or with any other justice of the peace, at the police the Treasurer office in the said Parish of Portland, shall be paid over to the ffn^ poi°ce. treasurer of the Portland Police, for the purposes, and to be •applied according to the provisions of the said first recited Act, anything in the Act authorizing the imposition or pay- ment of any such fine, penalty, forfeiture, or costs, to the contrary notwithstanding. S. Nothing in this Act contained shall be taken or con- Act not to fitrued to prevent the said police magistrate, or sitting magis- ^^^f°*gP'°" trate, in the said Parish of Portland, from proceeding, where under 32 and applicable, and he may deem it expedient, under any one ^3 ^^j "• |^' ■of the following Acts, passed in the thirty-second and thirty- ' ^° third years of Her Majesty's Eeign, namely, " An Act respect- ing the duties of Justices of the Peace out of Sessions, in relation to Summary Convictions and Orders," " An Act respecting the prompt and summary administration of Criminal Justice in certain cases," and " An Act respecting the Trial and Punish- ment of Juvenile Offenders" 48| 75S 3 Chap. 33. Police in the Parish of Portland. 33 ViCT. Appeal from 4. The Same appeal shall lie against all convictions under convictions, ^j^^g ^^^^ ^^^ ^-^^ ^^^g therein mentioned, and subject to the same terms and conditions as are provided and required by the thirty-second and thirty-third Victoria, chapter thirty- one. Certaia con- 5. The provisions of the seventy-sixth, seventy-seventh, exempt from and seventy-eighth sections of the said Act, thirty-second provisions of and thirty-third Victoria, chapter thirty-one, shall not be c. 3i) 8. 76, ' deemed or taken to apply to convictions for minor offences, 11, and Y8. made under the provisions of any law relating to police of merely local operation, by any police magistrate or sitting magistrate of the said Province of New Brunswick. OTTAWA : Printed by Bbown Chambbbmn, Law Printer to the Queen's Most Ezcellent Majestj. T56 33 VIC, CHAP. 40. An Act to vest in Her Majesty, for the purposes therein mentioned, the property nnd powers now vested in the Trustees of the Bank of Upper Canada. [Assented to 12th Maij, 18'70.] WHEREAS the property and assets of the Bank of Upper Preamble. Canada, vested, by the Act passed in the thirty-first year of Her Majesty's Reign, intituled, " An Act for the settle- ^i v., c. Vi. ment of the affairs of the Bank of Upper Canada" in the trustees therein mentioned, are wholly insrij0a.cient to meet the habilities of the said bank ; and whereas but little pro- gress has been made under the said Act in the settlement of the affairs of the bank, and it is expedient, in the interest as well of the Dominion of Canada (which is by far the largest •creditor of the bank, and on account of whose claim no divi- dend has been as yet received,) as of all other parties con- cerned, that provision should be made for the more speedy 'disposal of the property and assets of the bank, and for making a fair and equitable adjustment and settlement of the claims of all the creditors of the bank : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1« All the assets, properties, estates and effects, real and Property and personal, and all the claims, rights and credits of the Bank |ank\?M3- of Upper Canada, held and possessed by the trustees of the ferred to the Bank of Upper C anada on the day next hereinafter mentioned, Ste7ist"' ""* tinder the Act cited in the preamble to this Act, and the August, ISTO; schedule thereunto annexed, or belonging to or acquired by the said trustees or having come into their possession since the passing of the said Act, and in their hands, power, or control, shall be and are hereby transferred to and vested in Her Majesty for the Dominion of Canada and the purposes of this Act upon and after the first day of August, in the present year, 1870, subject, nevertheless, to the charges, incum- brances and equities, if any, to which they are then subject ; and no registry of such transfer in any registry oflS.ce, nor : any assignment, indorsement, or transfer from the trustees, ; shall be necessary to give effect thereto or for any purpose relating thereto. 2 Chap. 40. Bank of Upper Canada. 33 Vict. Powers, &c., 2. ^n the powers, authorities, rights and immunities tee^s^tra™" Vested in or conferred on the trustees of the Bank of Upper ferred to the Canada, by the Act hereinbefore cited and the schedule there- Council" con- to shall be and are hereby transferred to, conferred upon and tinuance of vested in the Grovernor in Council, and may be exercised by ^"'"" or through such oiRcer or officers, person or persons, as the Grovernor in Council may from time to time appoint, and in such manner as shall, from time to time, be directed by Orders in Council ; and any suit or proceeding to which, on the first day of August aforesaid, the said trustees shall be a party,, may be continued, by substituting the name of Her Majesty in the place of that of the said trustees, upon a suggestion of the passing of this Act. Parts of the former Act repealed. Powers of Governor in Council to sell, com- promise, &c. 3. Section four of the Act hereinbefore cited, and all the subsections of section five thereof, except those numbered respectively one, two, three, fifteen, and sixteen, shall be repealed, on and after the first day of August aforesaid, with so much of any other part of the said Act or schedule as may be inconsistent with the provisions of this Act. 4. The Grovernor in Council shall have full power to sell and dispose of the properties, estates, and effects hereby vested in Her Majesty, in such manner and upon such terms and conditions, and to such parties (whether creditors of the bank, or otherwise,) or to assign any part thereof to any creditors in satisfaction of their claims as to him may seem expedient, and to settle, adjust, compound for, compromise and arrange any claim on the said bank or debt due to it, and to pay any claim on the bank when so adjusted either out of the proceeds of the properties, estates, and effects of the bank aforesaid, or by such assignment as aforesaid : Provided of cre^tora"^ that, except in the case of any such compromise with any in bank creditor of the bank for an abatement on his claim, or of any assets. abatement which the Grovernor in Council may deem it expedient to make on the claim of the Dominion, the Domi- nion and the several other creditors of the bank shall be entitled to share equally pro rata, and in proportion to their respective claims, in the properties, estates and effects of the bank hereby transferred to Her Majesty and the proceeds thereof ; and nothing in this section shall be construed to derogate from or impair any authority or power vested in the trustees of the bank of Upper Canada by the Act herein- before cited and the schedule thereto, and hereby transferred to and vested in the Grovernor in Council. Proviso, for Part of the said Act re- pealed . 5. So much of the schedule to the Act hereinbefore cited,, or of the said Act, as would require that any dividend should be declared, or that the moneys received by the said trustees should be deposited or withdrawn in any specified manner, or that any balance sheet of the affairs of the trust shall or should be published, on and after the first day of August 758 1870. Bank of Upper Canada. Chap. 40. 3 aforesaid, shall be repealed ; and the Grovernor in Council may Powers of direct in what manner such moneys shall be deposited or conn^""^ "^ withdrawn ; and any portion thereof belonging to the Domi- nion shall form part of the Consolidated Revenue Fund of Canada ; and the Grovernor in Council may from time to time order the publication of any statement relative to the matters mentioned in this Act, which he may think proper. 6. If after payment of the claims of the Dominion, and of Provision if the other creditors of the bank, there should remain undis- be^any ^urpl^us tributed, any portion of the proceeds of the properties, estates of assets. and effects hereby vested in Her Majesty, the same shall be divided among the shareholders of the bank pro rata, in proportion to the number of shares they respectively held in the stock of the bank. 7. The trustees of the Bank of Upper Canada appointed or Trustees to elected under the Act hereinbefore cited, shall cease to be '^^^ *" ^^ ^° such on the first day of August aforesaid, except only for ne^t^ "^°^ the purpose of delivering over to such officers or persons as the Grovernor in Council may appoint to receive the same, all personal property and effects, books and papers relating to the said trust. 8. All deeds and writings which maybe necessary to As to execu- carry out the provisions of this Act, may be executed on jee'ds^&cf behalf of Her Majesty by such person or persons as may be under this' from time to time appointed by Order in Council, and shall ^'^''" be sufficient, by the signature of such person or persons, to effectuate the intention of such deeds or writings, without affixing the Grreat Seal of the Dominion or any other seal thereto. 9. A statement of what shall have been done under this Return to Act shall be laid before Parliament within the first fifteen P^^l'^°'«°t- days of each Session, after the passing thereof, until the affairs of the said bank are fully wound up and settled. OTTAWA : Printed by Brown Chambeelin, Law Printer to the Queen 3 Most Excellent Majesty. 759 33 VIC, CHAP. 44. Preamble. Before each iBt July or 1st Januarj, the Commis- sioners shall declare what •coupons they will then be able to pay, and enter the same on their minutes. An Act further to amend the Acts respecting the improvement and management of the Harbor of Quebec. [Assented to 12^^ May, ISlQ.] WHEREAS the Quebec. Harbor Commissioners have, by their petition, set forth that doubts have arisen as to the right of persons indebted to the said corporation for rent or for wharfage, to offer in payment coupons for interest due on the bonds or debentures thereof, which interest the said Commissioners have not the means of paying in full to all holders of such coupons, and have prayed that an Act may be passed to prevent such persons from obtaining priority, or preference over other holders of such coupons ; and whereas it is expedient that the prayer of the said petition be granted : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1- On , or shortly before the first day of July next, and on or shortly before, every first day of January and first day of July thereafter, so long as any debentures or bonds issued by the Quebec Harbor Commissioners are outstand- ing, the said Commissioners shall make an estimate as to whether or not there remains, or will remain, in their hands, on such first day of July, or first day of January, as the case may be, out of the dues, tolls, duties, rates, penalties and other revenues and profits col- lected and received by them, any sum available and suffi- cient for the payment, without priority or preference, of interest due on all debentures or bonds issued by the said Commissioners, for the period of six months to such first day of July or first day of January, or for that and any like previous period or periods of six months, or for any such pre- vious period or periods of six months only, and thereupon the said Commissioners may resolve and declare, as the case may require, either that there will not be any payment made on such first day of January, or first day of July, as the case may be, on account of such interest accrued prior to that day, or that payments of such interest for a period or for a stated number of periods of six months only, will then be •760 IStO. Harbor of Quebec. Chap. 44. 2 made ; and sucli resolution and declaration shall be recorded forthwitli in the minutes of the proceedings of the said Commissioners. 2. At no time after the passing of this Act shall the debt P"*'! any of the Quebec Harbor Commissioners for the interest declared pay- accrued'on any debenture or bond of the said Commision- able, it shall ers for any period, be or be deemed to be liquidated and Squidated™^ demandable, to the effect of extinguishing by compensation, and demand- any liquidated and demandable debt due to them, unless ^ ®' "' nor until the said commissioners have so resolved and declared their ability to pay the interest due for that period on all sums borrowed under the said Acts, vpithout priority or preference, and an entry of such resolution and declara- tion has been made as aforesaid. S- So long as any accrued interest on any debentures or And so with bonds issued by the Quebec Harbor Commissioners remains principal" of ^ unpaid, no debt of the said Commissioners for the principal any bond, &c. of any such debenture or bond, shall be or be deemed to be liquidated and demandable, to the effect of extinguishing, by compensation, any liquidated and demandable debt due to them, unless nor until the said Commissioners have so resolved and declared their ability to pay the interest due for the period during w^hich such unpaid interest accrued, on all sums borrowed under the said Acts, without priority or preference, and an entry of such resolution and declara™ tion has been made as aforesaid. 4. A copy of any entry in the minutes of the proceedings Copy of of the said Commissioners, certified by the secretary-trea- ™ rtMed to'L surer of the said corporation to be a true copy, sealed with evidence, the seal of the said corporation, and countersigned by the chairman thereof, shall be prima facie evidence of the truth of all statements of facts therein contained, and of the correctness of all dates therein mentioned including the date therein mentioned as being that on which such entry was made. OTTAWA : Printed by Brown Chameeelin, Law Printer to the Queen's Most Excellent Majesty. 761 33 VIC, CHAP. 45. Preamble. Power to construct a, harbor and breakwater. Power to raise moaey. Proviso. An Act to authorize the Corporation of the Township of Collingwood, in the County of Grey, to impose and collect Tolls or Harbor Dues, at the mouth of Beaver Eiver, and for other purposes. [Assented to 12th May, 1870.] WHEREAS the Corporation of the Township of CoUing- wood, in the County of Grrey, have by their petition represented, that it is desirable to construct and improve a harbor at the mouth of Beaver Kiver, on the €reorgian Bay, in the said township, and that a considerable sum of money has been expended for this purpose : and whereas the said Corporation have further represented, that it is their inten- tion to complete the construction of the said harbor, and have prayed that authority may be given to them to pass a by-law or by-laws for the imposition and collection of a tariff of dues on goods, wares, merchandize and chattels, shipped on, or landed from any vessel within the limits of the said proposed harbor, for the purpose of enabling them to maintain and keep in repair the said harbor ; and whereas the proposed harbor will be of great benefit and advantage to persons navigating the G-eorgian Bay, and it is expedient to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — !• The Corporation of the said Township of Colhngwood are authorized and empowered to construct, extend and improve a harbor, to be called the Harbor of Thombury, at the mouth of Beaver River, in the said township — and to make, construct and erect a breakwater in the said harbor. , 2- The said Corporation are authorized and empowerea to pass a by-law or by-laws for raising such sums as shall be necessary to construct and complete the said works, and also from time to time to pass such further by-law or by- laws for raising such further sum or sums as may be necessary for the purposes aforesaid, not exceeding however in the whole the sum of ten thousand dollars ; such by-law and by-laws being first submitted to the ratepayers of the said township in accordance with the provisions of the Municipal Act for the Province of Ontario. "762 18tO, Harbor of Thornbury. Chap. 45. 2 3. The said Corporation are authorized and empowered Power to to pass by-laws for the imposition and collection of tolls, to g"^ect tSis he employed, after the expenses of collection, for the pur- not exceeding pose of assisting in liquidating the debt incurred or which "*''**"' '***^- may hereafter be incurred, in constructing, improving and keeping in repair the said harbor and the works connected therewith, on all goods, wares, merchandize and chattels, shipped on board or landed out of any vessel, boat or other craft, from or upon any part of the said Beaver River or elsewhere within the limits of the said harbor, or on or up- on the "lands or premises adjacent thereto and belonging to the said Corporation, and upon all logs, timber, spars and masts going through the same or any part thereof, and on all vessels, boats or other craft entering the said harbor, not exceeding the rates following, that is say: — $ cts. Ale, Beer or Porter, per barrel 05 Apples, Fish, Salt, Water-lime or Plaster, per barrel 05 Brandy. Grin, Rum, Wines or High Wines, per barrel 10 Bricks, per M 05 Calves, Sheep or Swine, each 10 Coal, per ton 15 Castings, Chain Cable, Nails and Spikes, per ton 25 Cordwood, per cord 05 Earthen or Stoneware, per crate or hhd 06 Eggs, per barrel or box 04 Flour or Meal, per barrel 03 Fowls of all kinds, each 01 Furniture, per llJO lbs 02i Fanning Mills, each 12 G-rain of all kinds, per bushel 01 Grindstones, per ton 25 Horses or Horned Cattle, each 10 Horse Rakes, Straw Cutters, Root Slicers and Ploughs, each 05 Hides and Skins, per 100 lbs 05 Hay, per ton 10 ; Hops, per 100 lbs 10 Lard or Butter, per keg or firkin 02 Lime, per barrel , 01 Leather, per 100 lbs 02 ; Merchandize, not herein enumerated, per ton 40 Nursery Produce, per ton 40 Potatoes and other roots, per bushel 01 Pork, Beef, Lard or Butter, per barrel 05 Potash, Pearlash, Molasses, Whiskey, Yinegar, per p. ^a^rrel 06 ^ig, Bar, Scrap or Cast Iron, per ton 25 Keapingand Mowing Machines, each 50 Sawed Lumber, per M. feet 12 ' "^lare or Round Timber, per 100 cubic feet 05 •763 3 Chap. 45. Harbor o^ Thornbury. 33 ViCT. I cts. Saw Logs, each 01 Shingles and Laths, per M 02 Staves, per M 05 Stave Bolts, per cord 05 Timothy and Clover Seed, per busheL 02 Threshing Machines, each 25 Vehicles of all kinds, each 25 Vessels of 100 tons register, and upwards '. 1 00 Vessels of 10 tons, and not exceeding 100 tons reg- ister 50 All other articles not herein enumerated, per 100 lbs. 02J Proviso : tolls Provided, that any by-law or by-laws imposing tolls or to approval of harbor dues as aforesaid shall be approved by the Governor Governor in in Coiiucil, before having any force or effect, and that an aecZnted'"^ aiinual return shall be made to the Parliament of the Do- for. minion of Canada, of the amounts collected under the same, and the mode of expenditure. Power to levy 4. If any person or persons neglect or refuse to pay the payment be ^°^^^ °^ dues to be imposed or collected under this Act, or reftised. any by-law that may be passed under the authority thereof, the said Corporation or their oflicer, clerk, servant, agent or lessee may seize and detain the goods, wares, merchandize and chattels, logs, timber, spars, and masts, on which the same are due and payable, until such tolls or dues are paid, and if the same be unpaid after the space of thirty days next after such seizure, the said Corporation or their officer, clerk, servant or lessee as aforesaid, may sell and dispose of the said goods, wares, merchandize, chattels, logs, timber, spars or masts, or such part thereof as may be necessary to pay the said tolls or dues and the reasonable costs and charges of keeping and selling the same by public auction, giving ten days' notice thereof, and returning the surplus, if any, to the owner or owners thereof. Vesseisiiabie 5. Every vessel, boat, or other craft, on board of which goodsbrought goods, wares, merchandize, chattels and other things are or shipped m shipped. Or from which they are landed, shall be liable for ®™' the dues chargeable against such goods, wares, merchandize, chattels and other things, and in the event of non-payment thereof, may be detained until payment thereof is made. Harbor to be 6. The Said harbor and works thereof shall be subject to genwaiiaw?'^ the provisions of any Act or Acts of the Parliament of Canada, which may be passed hereafter for the construc- tion, improvement, regulation, or maintenance of harbors. OTTAWA : Printed by Beown Chambeehn, Law Printer to the Queen's Most Excellent Majesty. •764 33 VIC, CHAP. 46. An Act to authorize the Town of Belleville to impose and collect Harbor Dues, and for other purposes. [Assented to 12th May, ISTO.] VHEEEAS the town of BelleTille has incurred large Preamble, liabilities in the improvement and repair of the harbor within the limits of the said town, and the Corporation of the town of Belleville have petitioned that an Act be passed to authorize them to pass a by-law or by-laws, for the imposition and collection of harbor dues, rents or tolls upon goods, wares merchandize and chattels shipped on or ; landed from any vessel or steamboat within the said harbor, and for the imposition and collection of dues or tolls upon logs, timber, pine, cedar and railway ties passing down the River Moira, through the Port of Belleville, for the purpose of enabling them to provide a fund for the payment of debts incurred for the improvement of the said harbor, and for the farther improvement of the said harbor from time to time, and the maintenance of the same, and it is expedient to grant the prayer of the s aid petition : Therefore Her Maj esty , by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — !• The Corporation of the town of Belleville are author- Corporation ized and empowered to pass a by-law or by-laws, for the 2fa^®"*^Lt imposition and collection of harbor dues or tolls, to be em- law,' impose ployed, after the expenses of collection, for the purpose of '•*'■*"" °-^^^' assisting in liquidating the debt incurred, or which may hereafter be incurred, in the improvement of the harbor within the limits of the said town, by dredging or other- wise, and to provide a fund for the maintenance and improvement of the said harbor and works connected therewith, on all goods, wares, merchandize and chattels shipped on board, or landed out of any vessel, steamboat, boat, or any other craft within the limits of the said harbor, or elsewhere within the limits of the said Corporation ; and And toiu on ^pon all logs, timber, pine, cedar and railwav ties passing ^^^^' *"• down the Eiver Moira, through or into the 'Port of Belle- ville, or through or into the said harbor, and on all vessels, boats and other crafts entering said harbor. ^65 Chap. 46. Belleville Harbor Dues. 33 ViOT. But by-law, '&c., must be approved by Ciovernor in Council. 2. Before any by-law or by-laws, to be passed under the first section of this Act, or any tariff or schedule of fees or dues imposed thereby, shall have any force or effect, the said by-law or by-laws, and the said schedule or tariff, shall be approved by the Grovernor in Council. If any person 3. If any person or persons neglect or refuse to pay the toUs^^they''*^ tolls or dues to be imposed or collected under this Act, or may be levied any by-law that may be passed under the authority thereof, saie!''^"'^* *" tli6 said Corporation or their officer, clerk, servant, agent or lessee may seize and detain the goods, wares, merchandize and chattels, logs, timber, pine, cedar and railway ties, on which the same are due and payable, until such tolls or dues are paid ; and if the same be unpaid after the space of thirty days after such seizure, the said Corporation or their officer, clerk, servant or lessee, as aforesaid, may sell and dispose of the said goods, wares, merchandize, chattels, logs, timber, pine, cedar and railway ties, or such part thereof as may be necessary to pay the said tolls or dues and the reasonable costs and charges of keeping and selling the same, by public auction, giving ten days' notice thereof, and returning the surplus, if any, to the owner or owners thereof Vessels to be liable for dues. 4. Every vessel, boat or other craft, on board of which wares, merchandize, chattels, and other things are shipped, or from which they are landed, shall be liable for the dues chargeable against such goods, wares, merchandize, chattels, and other things ; and in the event of non-payment thereof, may be detained until payment thereof is made. Existing powers of Corporation not affected, force 5» Nothing in this Act contained shall affect any of the powers given to the said Corporation by any Act now in authorizing them to pass by-laws for the regulation and management of the said harbor. Harbor to be 6. The Said harbor and works thereof shall be subject to generaViawi"^ the provisions of any Act or Acts of the Parliament of Can- ada, which may be passed hereafter for the construction, improvement, regulation or maintenance of harbors. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. •766 34 VIC, CHA.P. 8. An Act to amend the Act thirty -third Victoria, chapter forty, respecting the settlement of the affairs of the Bank of Upper Canada. [Assented to lith April, ISYl.] IN amendment of the Act passed in the thirty-third year preamble. of Her Majesty's reign, chaptered forty, and intituled, 33 v., c. 40. "An Act to vest in Her Majesty, for the purposes therein men- tioned, theproperty and powers now vested in the trustees of the Bank of Upper Canada ; " Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1. A sum not exceeding two hundred and fifty thousand $250,000 may dollars, out of any unappropriated money forming part of pa* off '^ ° the Consolidated Eeyenue Fund of Canada, is hereby placed claims on at the disposal of the G-oTernor in Council, for the purpose onrertaia ' of paying ofi' any claims on the Bank of Upper Canada set- conditions. tied and adjusted under the fourth section of the Act herein above cited, any such payment being made on the certificate of the Treasury Board, that there is ample security for the re-imbursement out of the assets of the bank of the sum so paid for any such claim. , 2. A detailed account of the sums expended under the Accounting authority of this Act, shall be laid before the House of *^*"'*- Commons of Canada, during the first fifteen days of the then next Session of Parliament. OTTAWA: Printed by Beown Ohambeeiin, Law Printer to. the Queen's Most Excellent Majesty. let 34 VIC, CBAP. 27. An Act to prolong, for a certain time, the term allowed for the redemption of rents reserved on certain Indian lands in the Township of Dundee. Assented to 14^A April, 18'71.] Preamble. "AlTrHEEEAS it is expedient to prolong, for a limited time, V V the term allowed by the second section of the Act of the Legislature of the late Province of Canada, passed in the session held in the twenty-seventh and twenty-eighth 27, 28 v., years of Her Majesty's reign, intituled, " An Act to change cap. 68. ^^g tenure of the Indian lands in the Township of Ifundee, in the County of Huntingdon" for the redemption of the rents therein mentioned : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — * tP * * tP Sale of lands 2. If any lessee or assignee of a lessee of lands in the said patent^ ^^ Township of Dundee, for a term exceeding thirty years, issue. desires to acquire by patent a title to such land in fee sim- ple, the Superintendent Greneral of Indian Affairs may make a sale of such lands to such lessee or assignee, for such price as he may deem sufficient, but excepting from the valuation thereof, the increased value arising from the improvements made thereon ; and upon payment of the purchase money a patent in fee simple shall issue. ©TTAWA : Printed by Brown OHAMBBBLiiij^Law Printer to the Queen's Most Excellent Majesty. •768 34 VIC, CHAP. 28. An Act to authorize the sale of the Oakville Harbor. [Assented to lith April, 18Y1.] WHEREAS, by an Act of the Legislature of the late Pro- Preamble, A'ince of Upper Canada, made and passed in the ninth Tear of the reign of His late Majesty King George the Fourth, Act of Upper •chaptered nineteen, "William Chisholm, therein mentioned, iy'^"'l\^^' was authorized to construct a harbor at the entrahce of the construction Sixteen Mile Creek into Lake Ontario, in the Township of "'^fj^or^^g^ •Trafalgar, in the then District of G-ore, and to erect and build all such needful moles, piers, wharves, erections, build- ings and edifices, as should be useful and proper for the protection of the said harbor, and for the accommodation of vessels entering and lying within "the same, together with the right to demand or receive tolls, as in the said Act mentioned ; And it was by the said Act now in recital, fur- Conditions, ther enacted that the said Act should continue in force for a space of fifty years from the time of the passing thereof, And from thence, to the end of the then next ensuing session of Parliament, at which time the estate, right, title, iolls and rates of the said harbor, together with the piers, wharves, waters and navigation thereof, should A'^est in his Majesty, His heirs and successors, to and for the public use of the said late Province of Upper Canada, and at the dis- .jposition of the Parliament thereof unless otherwise pro- vided for by any Act of the Legislature, for that purpose, at any time thereafter : And whereas, under an Act of the Legislature of the late Acts of u.o. Province of Upper Canada, made and passed in the first ^^^ v^'o.*5o^ year of the reign of His late Majesty King William the Fourth, chaptered twenty-four, and under an Act of the Legislature of the said late Province of Upper Canada, made ■and passed in the third year of Her Majesty's reign, chaptered fifty, the sum of two thousand five hundred pounds was loaned by the Government of the said Province to the said William Chisholm, for the purpose of the completion of the harbor at Oakville being the same harbor hereinbefore men- tioned; And it is, by the last mentioned Act provided, that Loan for com- the said William Chisholm should execute an assignment, conditloTa. by way of mortgage, of the said harbor, and the tolls thereof to such persons as the Government might appoint, in trust to receive the tolls, and to pay the interest and principal, 49 769 Chap, 28. Oakville Harbor. 34 Vict. Mortgage to the Crown for the loan by Chisbolm. Debt to the Crown. Harbor would vest in the Crown in 1878 tinder 9 G. IV., c. 19. Sale expedi- ent. when the same should become payable as therein men- tioned : And whereas, in accordance therewith, by indenture bear- ing date on or about the twenty-sixth day of March, in the year one thousand eight hundred and thirty-one, the said William Chisholm granted, bargained, sold and demised unto John Henry Dunn, Eeceiver G-eneral of the late Pro- vince of Upper Canada, the said harbor and premises, and the tolls and profits thereof, to hold to and for the use of His Majesty, His heirs and successors, for the term of nine hundred and ninety-nine years, to secure the repayment of the sum of two thousand five hundred pounds, being the sum mentioned in the last above-mentioned Act : And whereas there is now due to Her Majesty, upon the assignment and mortgage given by the said William Chis- holm, under the two several Acts hereinbefore lastly above mentioned, large sums of money, for principal and interest thereunder secured : And whereas, under the provisions of the Act first here- inbefore recited, the estate, right, title, tolls, and rates of the said harbor, together with the piers, wharves, waters and navigation thereof, will, at the end of the session of Parlia- ment next ensuing the twenty-fifth day of March, in the year one thousand' eight hundred and seventy-eight (being fifty years from the time of the passing of the said first mentioned Act), vest in Her Majesty, Her heirs, and succes- sors, to and for the public use of Canada, and at the disposi- }; tionofthe Parliament thereof, unless otherwise provided for by any Act for that purpose to be enacted : And whereas, it is expedient that the said Oakville Har- bor, with its appurtenances and the rights as aforesaid, < should be sold and disposed of, and the proceeds applied as hereinafter mentioned : Therefore Her Majesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows : — Harbor and !• Her Majesty may at any time or times hereafter cause mav°be sofd*^ ^° ^® ^^^^ ^ disposed of, and may grant and convey, upon by the Grown, such terms as to price, payment and security as to the Grovernor in Council shall seem fit, and by separate sales and conveyances, and to the same or several purchasers as to him may seem most advisable, — Istly, The remainder of the term granted as aforesaid to the said William Chisholm in the said Oakville Harbor and its appurtenances, and the tolls and other rights mentioned in the Acts cited in the preamble, and subject to the provisions and conditions in the said Acts contained, freed of and clear from the princi- pal sum and all interest secured thereupon by the indenture of mortgage hereinbefore mentioned, and of any equity of redemption in respect thereof, and the proceeds of such sale shall be applied to or towards the payment of the principal 7tO The remain- der of W. Chisholm's term. Conditions. 1871. Oakville Harbor. Chap. 28. 3 and interest unpaid upon the said indenture, and so much thereof as shall be so applied shall form part of the Consoli- dated Keyenue Fund of Canada, and if any balance of such proceeds be left thereafter, it shall be paid over to the said William Chisholm, his heirs, assigns, or legal representa- tiyes, — and 2ndly, The said Oakville Harbor and its appur- The harbor tenances, and the tolls and other rights and privileges men- J.J^^^^ 'S\o\\ tioned in the said Acts and granted to the said William Chisholm for the term therein limited, as the same vyould, at the expiration of the said term, vest in Her Majesty, her heirs and successors, under the provisions of the said Acts ; and the proceeds of the said sale shall form part of the said Consolidated Revenue Fund of Canada. 2. The tolls to be imposed in respect of the use of the Tariff of tolls said harbor, piers, wharves, and appurtenances shall, after {q approraf' the expiration of the said term, be from time to time sub- by Governor mitted to the G-overnor, and no toll shall thereafter be col- '" ^'"""'"• lected unless the rate be first approved by the Governor in Council. OTTAWA: Printed by Brown Chamberun, Law Printer to the Queen's Most Excellent Majesty. ^^ 7ti 34 VIC, CHAP. 31. An Act respecting certain officers of the Trinity House of Quebec. [Assented to lith April, IStl.] Preamble. pTEE Majesty, by and with the adviceand consent of the ■*-*- Senate and House of Commons of Canada, enacts as follows : — Pa-tofActof 1, So much of the Act passed by the Legislature of the v., c. 114, late Province of Canada in the twelfth year of Her Majesty's *<=•> re- reign, chapter one hundred and fourteen, intituled, "An certaia^offi- Act to consolidate the laws relative to the powers and duties of cera of Trinity the Trinity House of Quebec, and for other purposes," as enacts ^mise, cjue- ^j^^^ ^j^g offices of clerk and treasurer of .the said Corpora- tion shall be held by separate persons, and so much of the said Act, or of any other Act passed by the Legislature of the said late Province of Canada as provides for or requires the appointment of two superintendents of pilots for and below the Harbor of Quebec, or of a bailiff of the Trinity House of Quebec, or prescribes that any duty be performed by such bailiff, and so much of the said Act, or of any other Act of the Legislature of the said late Province, as fixes the salary of any member or officer of the said Corporation, is hereby repealed. Clerk and Treasurer to be oae. Salaries of certain offi- cers to be fixed by the Governor in Council. Other wardens not to be paid. 2. The offices of clerk and treasurer of the said Oorpora-J tion shall hereafter be held by one and the same person,' who shall be called the secretary-treasurer of the Trinity House of Quebec, and shall be appointed by the Grovernor. 3. The salaries of the. master of the Trinity House of Quebec, the harbor master of the Harbor of Quebec, the superintendent of pilots for and below the Harbor of Quel bee, and the secretary-treasurer of the Trinity House of Quebec, shall be such as the Grovernor in Council may from time to time appoint, but so as the annual amounts thereof shall not exceed one thousand dollars for the master, twelvej hundred dollars for the superintendent of pilots, sixteen hundred dollars for the harbor master, and sixteen hundred dollars for the secretary-treasurer. The wardens, other than the master and the superintendent of pilots shall not be entitled to any remuneration for their services. 772 18'7l. Trinity House, Quebec. Chap. 31. S 4. This Act shall commence and be in force upon, from Commenee- and after the first day of July next ; but commissions under "ct ' °^ """ it to take effect upon, from and after that date, may be issued by the Governor at any time after the passing of this Act, and before its commencement.. OTTAWA : Printed by Brown CHAMBEELra, Law Printer to the Queen's Mtfst Excellent Majesty. 773 34 VIC, CHAP. 33. An Act to provide for the appointment of a Port Warden for the Harbor of Quebec. [Assented to lUh April, 18'7l.] Preamble. TT7HEREAS the increasing trade of the city and business » Y of the Harbor of Quebec render the office of port warden necessary: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Office created. 1. There shall be at the city of Quebec an officer who shall be designated the port warden of the Harbor of Quebec. Governor in Council to appoint. Board of examiners of candidates. Deputies, how appointed. 2. The appointment to the office shall be made by tha Governor in Council on the recommendation of the Board of Trade of Quebec, and the control of the office shall be in the Council of the Board of Trade for the city of Quebec, which shall, in the present year as soon as mS,y be after the passing of this Act, and after this year in the month of April in each year, appoint a board of examiners, five in number, who shall examine all candidates for the office of port war- den, or such number of deputy port wardens as the said Council may from time to time deem necessary for the busi- ness of the harbor, and upon the recommendation of the said examiners, the Council shall make the apporatments of such deputies. Oath of office, s. The person so appointed to be port warden shall, before acting as such, take and subscribe the following oath of office before some justice of the peace for the district of Quebec, who is hereby empowered to administer the same and who shall have the custody thereof : Form. " I, A. B., do solemnly swear that I will faithfully and " impartially, to the best of my judgment and ability, per- " form the duties of the office of port warden of the Harbor " of Quebec, without fear, favor or afFectio^ for any person " or party whomsoever." Fees of Port Warden. 4. The port warden shall receive no fees whatever, other than such as strictly appertain to the business of his office ; all such fees shall be recorded in his books, and he shall 774 1871. Port Warden, Quebec. Chap. 33. i make a certified annual return to the said Council of the Board of Trade, of the receipts and expenses of his office. 5. The port warden, or any deputy port warden, may be Remoralfor removed for misconduct or neglect of duty at the instance or ""^oonduct. discretion of the Council of the Board of Trade ; and the said Resruiations board of examiners shall make, and when they shall think it ^° ^ ™* ®" necessary, may repeal or amend all such rules and regula- tions, or by-laws, for regulating the office of port warden, as they may deem from time to time necessary, subject to the approyal of the Council of the Board of Trade. 6. The port warden shall, at his own expense, keep an ^°~} '^^- office always open, on lawful days, from nine a.m., till six books, &c. ' p.m., during the season of navigation, and from ten a.m., till two p.m., during the remainder of the year, and shall have a «eal of office and the necessary books in which all hiS acts as port warden, and those of his deputies, with their , fees of office, shall be recorded in such manner as the board of examiners shall direct. 7. It shall be the duty of the port warden or his deputy, Duties aa to on being notified and requested by any of the parties inter- cargo,^&c. ested, to proceed in person on board of any vessel for the purpose of examining the condition and stowage of cargo ; and if there be any goods damaged on board such vessel, he shall inquire, examine, and ascertain the cause or causes of such damage, and make a memorandum thereof, and enter the same in full on the books of his office. 8. The master of any vessel which has broken bulk for Duties of the purpose of lightening or other necessary purpose, pre- ve^eis^ har- vious to her arrival in the Harbor of Quebec, shall imme- ing brokea diately on the discovery of any damaged cargo, proceed to arrivai^in'^* hold a survey on the same in the manner herein prescribed, port. ■ before the same shall be moved out of the place in which it was originally stowed ; and if, after the arrival in port of any vessel from beyond the seas, which has not had occasion to lighten, break bulk, or otherwise discharge any portion of her cargo before coming into the harbor, the hatches of such vessel shall be first opened by any person not a port warden, and the cargo or any part thereof shall come from on board such ship in a damag.^d condition, these facts ■shall be primd facie evidence that such damage occurred m consequence of improper stowage or negligence on the part of the persons in charge of the vessel, and such default shall, until the contrary be shown, be chargeable to the •owner, master, or other person interested as part owner or master of the said vessel. ^« The port warden shall, when required, proceed to j"^^^*'''?^ any ship, steamer or other vessel, warehouse, dwelling or goo'ds!^ 775 8 Chap. 33. Port Warden, Quebec. 84 ViCT. wharf, and examine any merchandize, vessel, material, pro- duce or other property, said to have been damaged on board any vessel, and enquire, examine, and ascertain the cause of such damage, make a memorandum thereof, and of such property, and record in the books of his office, a full and correct statement thereof. vessei9*havin '*** '^^® "^^^^ Warden shall, when required, be surveyor receired dam- on any vessel which may have suffered wreck or damage, age, &c. or which shall be deemed unfit to proceed on her voyage ; he shall examine the hull, spars, rigging, and all appurten- ances thereof, shall specify what damage has occurred, and record in the books of the office a full and particular account Skilled assis- of all surveys held on such vessel; he shall call to his sary. assistance, it necessary, m such survey, one or more carpen- ters, sail-makers, riggers, shipwrights, or other persons Skilled in their profession, who shall each be entitled to a fee not exceeeding five' dollars, to aid him in the examinar tion and survey, but no such surveyor shall be interested in Repairs. ^j^g ^g^^g . ^j^g p^j.^ warden shall also, if required, be sur- veyor of the repairs necessary to render such vessel sea- worthy, and his certificate that these repairs have been pro- perly made shall be evidence that the vessel is seaworthy.. M^ 4^ .j^ M, M, T?" 'R' TT ^ ^ Duties of 12. T"]je master of any vessel intending to load grain in of Port War- bulk for any port not within the limits of inland navigation den as to ves- nor within the JJominion of Canada shall, before taking in Irain^in bulk, any of such grain, notify the port warden from time to time while the different chambers are being prepared, to survey and inspect the said vessel as well as the dunnage and lining boards ; the port warden in such case shall ascertain whether such vessel is in a fit state to receive and carry the cargo intended for her to its destination ; he shall record in his books the condition of the vessel ; if he finds she is not fit to carry the cargo in safety, he shall state what repairs are necessary to render her seaworthy ; before beginning- to load each chamber he shall be careful to see that it is properly dunnaged and lined, and provided with shifting, boards, and that the board and plank used for these purposes have been properly seasoned ; he shall examine the pumps and see that they are properly lined and dunnaged ; he shall enter in the books of his office all particulars connected with these surveys, and grant the necessary certificates. Duti^es as to 13. It shall be the duty of the port warden when re- quired, to decide what amount of dunnage is necessary be- low cargo, and also between wheat and other grain, and the flour to be stowed over it, and his certificate that such dun- nage has been used, shall be prima facie evidence of thfr good stowage of the cargo so far as these points are con- cerned. 776 1871. Port Warden, Quebec. Chap. 33. 4 14. The port warden, if requested by any person having Aatoaea- shipped cargo on board of a vessel, and at the expense of Te°aEeis?^^^ °^ such person, shall proceed on board of such vessel and exa- mine whether she is in a fit state to proceed to sea or not ; if she is found unfit the port warden shall state in what particular, and shall notify the master not to leave the port until the required conditions have been fulfilled. 15. The port warden shall, when required, estimate the Vaiue or value and measurement of any vessel, when the same is in S'Tessei"^"* dispute or otherwise needed, and shall record the same in the books of his office. 16. It shall be the duty of every auctioneer making a iuctioueers sale of any vessel condemned, or ships' materials, or goods ge'a'^^ateriaU damaged on board a ship or vessel, whether sea-going or of &c.,' to report inland navigation, sold for benefit of underwriters or others *° ^°'"' ^^'^" concerned, in the harbor or city of Quebec, to file a state- me;at of the same at the ofiice of the port warden within ten days after such sale ; no underwriters' sale shall take Notice of place until after at least two days' public advertisement in ^""^ ^* ^" not less than two English and one French newspapers in the city of Quebec, and such sale shall not be at an hour earlier than eleven, nor later than three o'clock in the day. IT* It shall be the duty of the port warden, when Disputes required in writing by all parties in interest, to hear and ^r aad°coa^^* arbitrate upon any difficulty or matter in dispute between signee, the master or consignee of any vessel, and any proprietor, shipper or consignee of the cargo, and to keep a record thereof 18. No goods, vessels or other property shall be sold as Survey before damaged for account of underwriters, unless a regular sur- IgeYve^ssei' vey and condemnation has previously been had, and the port warden shall in all siich cases be one of the surveyors. 19. Before proceeding to act in any case in the perform- Notice to ance of his duties, the port warden shall give reasonable P*''*'^^- notice to all parties interested or concerned in the case. 20. All notices, requests, or requirements to or from the Time for port warden, must be given in writing and a reasonable °° "^^' time before action is required. 21. On the demand of any party interested, the port Certificates. warden shall furnish certificates in writing, under his hand, of any matters of record in his office ; he shall also fur- nish, when required, copies of any entries in his books, or documents filed in his office. 2?. On application, the port warden shall supply, to any Copies of niaster of a vessel arriving in the Port of Quebec, a copy of "^^^^ * ""'*'' 771 Chap. 33. Port Warden, Quebec. 33 Vict. the regulations relating to the office of port warden, once in each year. Lloyd's regu- 23. j^ all matters regarding surveys, &c., the port war- «ppiy. den shall conform to, and be governed by the regulations of Lloyd's, so far as they are applicable to the port of Que- bec, and to the circumstances of the case. Disputes be- tween Port Warden and parties, how ■decided. 24- Should any dispute arise between the port warden and any party interested, in any case where his presence has been required, either party may appeal to the Council of the Quebec Board of Trade, and it shall be the duty of the secretary of the said Board of Trade, on a requisition being presented to him to that effect, to summon forthwith a meeting of the said Council who, or not less than three of them, shall immediately investigate and report on the case submitted to them, and their determination or that of a maj ority of them, made in writing, shall be final and conclusive. Certificates to be evidence. CoitB.how 25. The party against whom the Council of the Boardof ^^ ' °" Trade decide shall pay all the expenses, and the Council shall determine the amount of fees or charges payable in each case, which shall never exceed twenty dollars. 26. All certificates issued under the hand of the port warden or his deputy, and sealed with the seal of his office, referring to matters recorded in his books, shall be received &s prima facie evidence of the existence and contents of such record, in any court in Canada. Tariff of fees. 27. The Council of the Board of Trade for the city of Quebec may, from time to time, establish a tariff of fees to be paid to the port warden for services performed by him and his deputies, by the masters or owners of sea-going A'essels, and by others in respect of whom the duties of the said port warden are required to be performed ; which tariff, being first approved by theG-overnorin Council, shall be in force until repealed or altered by the said Governor in Council, or by the said Council of the Board of Trade, as it may be at any time, with the approval of the Governor in Council ; but such fees shall not exceed the rates hereinafter mentioned, that is to say : — 1. For every survey and the certificate thereof by the port warden and his assistant, of the hatches and cargo of any vessel, or of the hull, spars and rigging thereof, or the sur- vey of damaged goods, a fee, including the certificate there- of, not exceeding eight dollars each, and such further sum, not exceeding five dollars, as may be payable to shipwrights or other skilled persons employed by him ; 2. For every valuation of a vessel for average, and every inspection of a vessel intended to load, a fee to be : 778 Maximum fees. For survey and certifi- cate. For valuation and InspeC' tion, ISU. Port Warden, Quebec. Chap. 33. 6 according to the tonnage of such vessel, but not in any case to exceed ten dollars ; 3. For hearing and settling disputes of which the port For settling warden is authorized to take cognizance, and for the fees apply, for the purpose of making good such insufficiency, as , well to the tariff of rates to be fixed by any Act to be passed during the present session respecting the Harbor of Mon- treal, and to the said sum of one million five hundred thousand dollars, mentioned in the first section, and to any sum to be voted in the present session for the improvement of the St Lawrence between Montreal and Quebec, as to the present tariff of rates for the said harbor and the sum appropriated by the supply Act of last Session for the im- provement of the said river. 4. The Act passed in the now last session, intituled "An Act 35 v., Ad respecting the Public Debt and the raising of loans '^- ^' *° *PP^A authorized by Parliament," shall apply to any loan to be raised as aforesaid, subject to the special provisions of this Act. OTTAWA ; Printed by Beown Chambeklin, Law Priater to the Queen's Most Excellent Majesty. 51 801 36 VIC, CHAP. 61. An Act respecting the Trinity House and Harbor Commissioners of Montreal. Preamble. 16 v., c. 24. 18 v., c. 143; Recital. 31 v., c. 59. [Assented to 23rd May, 1873.] WHEREAS by Acts of the Legislature of the late Province of Canada, passed in the sixteenth year of Her Majes- ty's reign, chapter twenty-four, and in the eighteenth year of Her Majesty's reign, chapter one hundred and forty-three, certain of the powers and authorities of the Trinity House of Montreal were transferred to and vested in the Harbor Commissioners of Montreal ; And whereas, by the Act of the Parliament of Canada, passed in the thirty-first year of Her Majesty's reign, chapter fifty-nine " Relating to Lighthouses, Buoys and Beacons" and by an Act to amend the said last mentioned A ct, passed by th& said Parliament of Canada in the thirty-third year of Her Majesty's reign, chapter eighteen, others of the said powers and authorities have been, and are transferred to and vested in the Minister of Marine and Fisheries ; And whereas it is expedient that the remaining powers- and authorities of the said Trinity House of Montreal, together with its property (except as hereinafter provided), should be transferred to and vested in the said Harbor Gom- missioners of Montreal, and that the said corporation of the Trinity House of Montreal should be dissolved and should cease to exist : Therefore Her Majesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows : — Corporation !• Upon, from, and after the first day of July now next,. anl°member3 ^^ '^^^^ ^f the Act of the Legislature of the late Province of and officers Canada, passed in the twelfth year of Her Majesty's reign, and aftf^m" chapter one hundred and seventeen, as provides for the exis- Jniy, 1873. tence and continuance of a body corporate and politic for the purposes of the said Act, by the name of the Trinity House of Montreal, and so much of the said last mentioned Act as makes it lawful for the Governor to appoint a Master, a deputy master and wardens to compose such Corporation, and officers, clerks, and bailiff's of the same, shall be, and the same is hereby repealed ; and upon, from, and after the said day, the said Corporation shall be and the same is hereby 802 1873. Trinity House and Harbor, Montreal. Chap. 61. 2 dissoh'ed and extinguished, so that the same shall thence- forth wholly and entirely cease to exist, either in name or in deed ; and the persons who shall then be respectively the master, the deputy master and wardens of the Trinity House of Montreal, or officers of the said Corporation, shall be and they are hereby thenceforw^ard relieved, exonerated and dis- charged from their and each of their obligation to execiite the powers vested in them and each of them by the said last mentioned Act or any Act amending the same. 2. Upon, from and after the said day all and every the Powers, &c., then remaining powers, authority and jurisdiction, rights, HarboTcoin-° duties and liabilities, of the said Trinity House of Montreal, missioners of under the said last mentioned Act, and any Act or Acts Moatreai. amending the same, or under any Act or A cts of the Legisla- ture of the said late Province, or of the Parliament of Canada, shall become and be transferred to and vested in and shall be exercised and enjoyed, assumed and discharged by the said Corporation of the Harbor Commissioners of Montreal, created and continued by the said Acts of the sixteenth and eighteenth years of Her Majesty's reign ; who shall thence- forth be a body corporate and politic for, all and every the purposes of so much of the said Act, twelfth Victoria, chap- ter one hundred and seventeen, as shall then be and remain unrepealed, as w^ell as for the purposes of the said Act, eigh- teenth Victoria, chapter one htmdred and forty-three, and the Acts amending the same ; and may use their own com- mon seal in every case requiring the use of a seal under the provisions of the said Act, twelfth Victoria, chapter one hundred and seventeen, as amended by this Act in the exe- cution of the powers thereby and hereby conferred upou them ; and may do in their own uame all and w^hatsoever the said Trinity House of Montreal are by so much of their said Act of incorporation and Acts amending the same as shall then remain unrepealed, authorized and empowered to do in their said corporate name ; and all and every the provisions of so much of the said Act of incorporation and Acts amending the same shall apply to the said Harbor Commissioners of Montreal, in lieu and stead of the said Trinity House of Montreal. 3« Upon, from and after the said day, all moneys and Certain pro- securities for money, belonging to or vested in the said Cor- FerreV^to"fhe poration of the Trinity House of Montreal, in trust or other- said Commis- wise, shall be transferred to and become and be vested in rerSder'to and belong to and be the property of the said Corporation the Crown, of the Harbor Commissioners of Montreal in trust or other- wise, as the case may be, in the same manner and to the same extent, and under and subject to the same trusts (if any) as the same shall immediately before the said day have been vested in or belonged to or been the property of the said Corporation of the Trinity House of Montreal ; and upou 6U 803 3 Chap. 61. Trinity House and Harbor, Montreal. 36 Vict. the said day all and every the moneys, bonds, debentures and other vouchers of security for money, of or belonging to the said Corporation of the Trinity House of Montreal, shall be duly delivered into the hands and possession of the pro- per members and officers of the said Corporation of the Har- bor Commissioners of Montreal, by the members and offi- cers of the Trinity House of Montreal, or other persons whomsoever in whose hands, custody or possession the same may then be respectively ; and the seal of the said last men- tioned corporation shall be delivered to the chairman of the Corporation of the Harbor Commissioners of Montreal, who is hereby authorized and empowered to break the same ; and all property of the said Trinity House of Montreal, not hereinbefore transferred to the Harbor Commissioners of Montreal, shall be vested in the Crown, under the control and management of the Minister of Marine and Fisheries. OfBcers of 4. 1 he following members and officers of the said Corpo- er3™Xsti-°°' ration of the Harbor Commissioners of Montreal are hereby tuted for those respectively substituted to the corresponding members and House"'*''^ officers of the Trinity House of Montreal, in and for the per- formance and discharge of all and every the duties and func- tions of their respective positions and offices, that is to say, — the chairman to the master and deputy master, the other commissioners to the wardens, the secretary-treasurer to the registrar and treasurer, and the bailiff to the bailiff. tre'*i t^ ^°^' ^' ^"'^ ^^ ^^^ every the purposes of the said Act, twelfth main aa at Victoria, chapter one hundred and seventeen, as amended bT*°tenf T ^^ subsequent Acts, and by this Act, and of this Act, the downwards to port of Montreal shall continue to be held and deemed to Longue comprehend all that part of the River St. Lawrence which 'Church. extends from the basin of Portneuf, exclusively, in the County of Portneuf, to the Province line formerly dividing the Provinces of Upper and Lower Canada, and shall include the several rivers falling into the St. Lawrence between the said limits ; and the Harbor of Montreal for the said pur- poses, shall, from and after the commencement of this Act, be held and deemed to comprise the present limits of the said Harbor, as defined in the existing Acts relating to the Harbor Commissioners of Montreal, as far down the river St. Lawrence as the Kuisseau Migeon, from which point the said harbor is hereby extended downwards, to a point opposite the church of the Parish of Longue Pointe, follow- ing the said river along high water mark, and including Southern the beach thereof ; and the southern limits of the said har- H^rbor. ^^OT shall be the middle of the River St. Lawrence above the Island of St. Helen, thence downwards the northern low water edge of that island to the lower end thereof, and thence towards the south shore of the said river to the ten feet low water line, and thence downwards along the said ten feet low water line to a point opposite the lower northern limits 804 1873. Trinity House and Harbor, Montreal. Chap. 61. 4 of the said harhor, including Isle Ronde or Mouton : Pro- Proviso as'to vided that the said Corporation shall have no right in or jur- He*"n °l^^ isdictiou over any part of the said Island of St. Helen nor over any part of the said Isle Konde or Mouton, except only such as may be expressly given them by the GrOA^ernor in Council. 6. Nothing in this Act shall be construed to aiFect the By-laws, &c., vahdity of any by-law, rule, order or regulation heretofore Housrsaved. lawfully made by the Corporation of the Trinity House of Montreal ; and all such by-laws, rules, orders and regula- tions in force at the time of the passing of this Act shall remain and continue to be as good, valid and effectual as if this Act had not been passed, until annulled or altered under the authority of this Act. T- Nothing in this Act shall affect the continuance of any Suits, &c., to suit, or action, or other legal proceeding, to which the said ^ continued Corporation of the Trinity House of Montreal is or shall be Harbor oom- a party, or which may be pending before it on the said first missioners. day of July now next ; but every such suit, action and legal proceeding shall be thenceforth deemed to have been taken up by and in the name of, and may be continued by or against, or may be carried on, continued and prose- cuted before the said corporation of the Harbor Commis- sioners of Montreal, in the room and stead of the Trinity House of Montreal ; and all matters and things which Past offences might have been done, and all proceedings which might ma^terj^how have been taken or prosecuted, by or before the Trinity dealt with. House of Montreal relating to any offences which shall have been committed, or to any matters which shall have hap- pened, or to any pilotage or other moneys which shall have become due, or to any fines or penalties which shall have been incurred, before the said first day of July, may be done, taken and prosecuted, and the offences may be dealt with and punished, and the pilotage and other moneys may be recovered and dealt with, and the fines and penalties may be enforced and applied, thereafter, by or before the Harbor Commissioners of Montreal. 8« And whereas, by reason of the transfer of the powers Future cou- of the Trinity House of Montreal, to the Corporation of the the Corpo°/a--! Harbor Commissioners of Montreal, it is expedient to alter tion.Tafter ist the constitution of the corporation last mentioned, after the October, 1873. period hereinafter mentioned, — therefore the said corpora- tion shall until the first day of October now next, remain constituted as it now is, but upon, from and after the said first day of October, the said corporation shall be constituted and consist of nine members, four of whom shall be ap- Fourmembers pointed by the Governor, and the remaining five shall be F?ve members elected in the following manner, that is to say, — two by elected, and the Montreal Board of Trade; one by the Montreal Corn ^^ '^''°°' 806 Chap. 61. Trinity House and Harbor, Montreal. 36 YlCT. Exchange Association ; one by the Montreal City Council ; and one by the owners, consignees or agents of sea-going vessels having entered or departed from the said harbor, or having been at anchor or otherwise moored therein, who shall have paid harbor or wharfage dues, in the manner hereinafter set forth. Scale of Tot- 9. Each and every such owner, consignee or agent shall pingTnterest. be entitled to the following proportionate number of votes, that is to say, — if he shall have paid as harbor or wharfage dues, within one year preceding the day of the election, the sum of one hundred dollars or upwards, he shall be entitled to one vote ; if he shall have paid within the same period, the sum of five hundred dollars or upwards, he shall be entitled to two votes, and to an additional vote for every five hundred dollars paid over and above the last mentioned sum : Provided always, that no such owner, consignee or agent shall be entitled to more than ten votes, in any case ; and such owners, consignees or agents shall, for the pur- poses of this Act, be designated and known as the " Ship- ping Interest : " The word " owner," " consignee " or " agent," in this sec- tion shall be held to include any firm, company or associa- tion of persons carrying on business in copartnership, and any one of the partners and no more may vote for and in the name of such firm, company or copartnership. Proviao. Interpreta- tion. Elections by Board of Trade, &c. Secretary, &c., to give certificate of election. 10- The Board of Trade, the Corn Exchange Association, and the City Council shall severally, at a meeting to be held at their respective chambers or usual places of meet- ing, in the city of Montreal, at noon, on the first Monday of August (or if that day should be a legal holiday, then the next day not being such holiday) in each year, elect, — the Board of Trade two persons, and each of the said other bodies one person to fill the office of Harbor Commissioner;, and the person or persons having the majority of votes of those personally present at each of the said several meetings, shall be held to be duly elected, and the secretary or city clerk (as the case may be) shall give him or them a certi- ficate of his or their election, and shall also certify the same to the Minister of Marine and Fisheries. Elections by shipping interest. SccretHry to give certi- ficate of election. !!• The shipping interest composed as aboA'^e, shall, at a meeting to be held at the office of the Montreal Harbor Commissioners, in the city of Montreal, at the hour and ou the day above mentioned, elect a person to fill the said office of Harbor Commissioner ; each and every person presenting himself to vote shall have previously deposited with the secretary of the meeting, the necessary voucher or vouchers showing his qualification to vote, and the number of votes to which he is hereby entitled ; the secretary of the said Harbor Commissioners shall be ex-ojicio secretary of the fcOd 1873. Trinity House and Harbor, Montreal. Chap. 61. 6 ineetin''', and shall keep a record of the minutes and pro- ceedings of the meeting ; and shall be the custodian of and shall preserve all vouchers deposited with him ; and shall give the person elected a certificate that he has been duly elected, and shall also certify the same to the Minister of Marine and Fisheries. # # # * * 14. Every vacancy happening from time to time among Vacancies th6 members of the said corporation appointed by the ^°^\ ^^f' Governor, not being members so appointed by reason of the be filled, refusal or neglect of the Corporation of the Montreal Board of Trade or the Montreal Corn Exchange Association, the city council or the shipping interest, or of refusal to accept •office, shall be filled up by the Grovernor ; and every other vacancy shall be filled by election of a member by the body by whom the member occasioning the vacancy was ■or might have been elected, such election being made within fourteen days after the occurrence of the vacancy ; and as nearly as possible in the manner prescribed for the first election ; and the name of the person elected to fill Certificate of such vacancy shall forthwith after his election be certified ^''^^''o"- to the Minister of Marine and Fisheries, as aforesaid. 15- In case the proper body as aforesaid refuses, or, for GoTemor to fourteen days after the occurrence of any such vacancy, c^fg"',," ^'^n. neglects to fill up the same and to certify to the said Minister election, ^he name of the person elected to fill the same, the G-overn- ir may appoint a person to fill such vacancy ; and if any person elected at the first or any subsequent election to fill any office refuses to accept the office, the Grovernor may appoint some other person to fill the same ; and the person Term of so appointed shall hold office for the same time as the elec- ° "'' tive member in whose place he is appointed would have held it, subject to the like provision as to retiring by lot. 16. Every appointment by the Grovernor under this Act Form and shall be made by an instrument under the Grreat Seal of ^™®t^*g*^gb^ Canada, and the person so appointed shall hold office Gorernor. during pleasure ; and any such appointment may be made at any time after the passing of this Act, to take eff'ect on and after the first day of October next. 17. Any five members of the Corporation of the Harbor Quorum, Commissioners of Montreal shall be a quorum, and the majo- rity of any quorum may exercise the powers of the corpora- tion ; and the existence of a vacancy or vacancies among the members shall not prevent or affect the exercise of the said powers, provided there be a quorum as aforesaid. The President. members of the corporation may from time to time elect their own president. 80*7 *7 Chap. 61. Trinily House and Harbor, Montreal. 36 Vict. Time of entry IS. The persoiis appointed or elected under this Act mto o ce. -[jefore the said first day of October next, shall enter into office and discharge the duties thereof on and after the said day ; those to be thereafter appointed or elected shall enter into office and discharge the duties thereof, from the date of such appointment or election. Buoys and 19. The buoys and beacons within the port of Montreal shall be placed and maintained by the said corporation ; and the expenses of so doing shall be paid out of the funds of the corporation. Corporation 20. Nothing in this Act shall be construed as making deemed a new the Harbor Commissioners of Montreal a new corporation, t>ie. or as requiring that any non-electiye member or officer thereof, being such immediately before the said first day of July next, should receive a new appointment ; and the members of the said corporation under this Act, whether elected or appointed, and their successors elected or ap- pointed, from time to time, as required by this A ct, shall be held to be the successors of the members of the corporation under the Acts constituting or continuing or relating to it. Incousisten^t^ 21. So much of the Act of the Legislature of the late I8'v!rc."i43, Province of Canada, passed in the eighteenth year of Her and other Majesty's reign, chapter one hundred and forty-three, and pealed." intituled, "/!« Act to provide for the management and improve- ment of the Harbor of Montreal, and the deepening of the Ship Channel between the said Harbor and the Port of Quebec, and to repeal the Act now in force for the said purposes," — or of any other Act or law amending the said Act, or relating to the said corporation as may be inconsistent with this Act, is hereby repealed. Power to bor- 22. FoT the purpose of constructing, extending and im- improvfng the proving the wharves, structures and other accommodation harbor. \^ the Said Harbor, it shall be lawful for the said Corpora- tion to borrow in the Dominion or elsewhere, at par, in such sums and for such number of years, and at such rate& of interest, not exceeding eight per cent, per annum, as may be found expedient, and in the manner provided by and subject to the Acts relating to the Harbor Commissioners of Montreal, with respect to moneys thereby authorized to be borrowed by them, any sum or sums of money not ex- ceeding in the whole the sum of two hundred and fifty thousand pounds sterling, and to expend, the same in the said harbor for the said purposes, in such manner as may be best calculated to facilitate trade, and increase the con- venience and utility of the said harbor. How such 23. The principal and interest of the sums of money l^°paid^ * which may be borrowed under the last preceding section, SOS ISTS. Tfinity House and Harbor, Montreal. Chap. 61. & as well as of all stims already borrowed for the improvement of the said harbor, shall be paid out of the revenue arising from the dues, rates and penalties imposed by or under the Acts mentioned in the preamble of this Act, or aay Act amending the same, or under this Act. 24. Whenever the said Harbor Commissioners of Mon- Provisions for treal desire to acquire any immovable property for the im- propefty^for provement or extension of the said harbor or the accom- improvement modations thereof, they shall cause to be prepared a plan °^ ^^^ harbor, of such immovable property in triplicate, one triplicate ■whereof shall be deposited in the office of the Clerk of the Peace of the city ofMontreal, another triplicate thereof in the office of the Minister of Marine and Fisheries, and the third in the office of the Minister of Public Works : — and such plan shall be submitted to the Governor in Council approved'bT for approval, and upon being duly approved, if an amicable Governor \k arrangement with the proprietor of such immovable pro- t^ouncii. perty is not made, the said Corporation shall have the right to acquire the same without the consent of the proprietor or proprietors thereof, and the third, fourth, fifth, sixtli, seventh, eighth, ninth and tenth sub-sections of the ninth section of " The Railway Act, 1868," shall apply to the acquisi- tion of immovable property for the purposes aforesaid, to the same extent and in the same manner as if the said sixb- sections had been passed with express reference to the said harbor of Montreal instead of with reference to railways, and the said Harbor Commissioners were therein referred to instead of the railway company : If, after one month from the deposit of triplicates of such u^a agree- map or plan as hereinbefore provided, and of the approval ment can b^ thereof by the Governor in Council, the said Corporation of ^ ^"^ * ' the Harbor Commissioners of Montreal shall not have agreed with the owner of such immovable property, then the said corporation shall have the right to acquire such land in manner following, that is to say, — A notice shall be served upon the party in occupation of Notice to such land as proprietor, which notice shall contain — proprietor.. 1st. — A description of the lands to be taken, or of the powers intended to be exercised with regard to any lands, describing them ; 2iid. — A declaration of readiness to pay some certain sum or rent, as the case may be, as compensation for such lands or for such damages ; and 3rd. — The name of a person to be appointed as the arbi- trator of the Harbor Commissioners, if their offer be not accepted : If the proprietor of such land be absent from the Province if proprietor of Quebec, or be unknown, then upon application to a judge ^^ absent. 01 the Superior Court for Lower Canada, residing in the dis- trict of Montreal, accompanied by an af&davit of some officer 01 the Corporation, that such proprietor is so absent, or that BOD Chap. 61. Trinity House and Harbor, Montreal. 36 ViCT. after diligent enquiry the party on whom the notice ought to be served cannot be ascertained, the judge shall order such notice to be inserted three times in the course of one month in two newspapers, one in the French and the other in the English language, published in the city of Montreal ; and upon such publication being completed, the proprietor of such land shall be conclusively held to have received notice of the intention of the Corporation to acquire the said land according to the provisions hereof : vf i*n'" T°" After the service of such notice, or within one month after Railway Act, the publication thereof, the Corporation may acquire such 1868, to apply, land in manner and form as provided for the acquisition of land by railway companies without the consent of the pro- prietor, to wit : in the manner and form and by means of the proceedings prescribed by the iifteenth and following sub-sections of the ninth section of "The Railway Act, 1868 " ; in the same manner and with the same effect as if the said sub-sections had been made specially applicable to the said Corporation, and were incorporated in this Act. Certain pro- perty vested m the Cor- poration. 25. All property acquired and held by the Harbor Com- missioners of Montreal and vested in them for the purposes of the harbor at the date of the creation of the Corporation of " The Harbor Commissioners of Montreal," shall be held to have .been and is hereby declared to be transferred to and vested in the said Corporation ; and all the laud lying with- in the limits of the said Harbor of Montreal as defined by law is also hereby declared to have been vested in and to be the property of the said Corporation in trust for all pur- poses for which the said Corporation was created, as fully to all intents and purposes as if so A^ested in them by the original Act of incorporation. Corporation gg. -pj^e ^^^^ Corporation shall have full power and suits, Ac." authority to institute and defend all suits, actions and pro- ceedings in any court of justice in respect of the said pro- perty and the land comprised within the said harbor, as fully as can be done by proprietors holding lands by valid title, or as might be done by or on behalf of Her Majesty in respect of the bed or beach of the River St. Lawrence. Former tariflf of tolls re- pealed . 27. The tariff of tolls, rates, duties and dues authorized to be levied in the harbor of Montreal under and by virtue of the Act of the Legislature of the late Province of Cana- da, passed in the eighteenth year of Her Majesty's reign, chapter one hundred and forty-three (which tariff is com- prised in the several Schedules A, B, C, D, E, F and Gr, to the said Act appended,) shall be and is hereby repealed upon, from and after the first day of July, in the present year cue thousand eight hundred and seventv-three. 3S. # * * * 810 1873. Trinity House and Harbor, Montreal. Chap. 61. JO Provided always, that vehicles of every description, and Proyiao : as to the horses or other animals harnessed thereto (not being bringing pro- articles of commerce) used in transporting agricultural and duce'to other produce to Montreal, and going to or returning from ™**^'- the said city, by any ferry between the said city and Longueuil, or Laprairie, or any intermediate place between them on the south shore of the St. Lawrence, shall be exempt from the duties imposed by schedule B to this Act. * * * * # OTTAWA; Printed by Brown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 811 36 VIC, CHAP. 62. Preamble. An Act further to amend the Acts to provide for the management and improvement of the Harhor of Quebec. [Assented to 2Srd Blay, 1873.] WHEEEAS it is expedient to make further and better provision for the management and improvement of the harbor of Quebec, and to alter the constitution of the Corporation of the Commissioners of the said harbor: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Constitution of Corpora- tion altered on 1st Octo- ber, 1873. 1. The Corpoiation of the Quebec Harbor Commis- sioners shall, until the first day of October, which will be in the present year of our Lord one thousand eight hundred and seventy -three, remain constituted as it now is ; but upon, from and after the said day the said corporation shall Members, how jjg constituted and consist of nine members, — three of whom ^^ "" ' shall be appointed by the G-overnor, two by the Council of the Quebec Board of Trade, one by the Council of the Levis Board of Trade, and three by the owners, consignees and agents who shall have paid harbor dues on vessels, goods, wares and merchandize, or otherwise, to the amount herein- after set forth. Members of shipping interest and their votes. ProTiso. Definition. 2. Each and every such owner, consignee or agent as aforesaid, shall be entitled to the following proportionate number of votes, that is to say, if he shall have paid for such harbor dues as aforesaid, within one year preceding the day of the election, the sum of one hundred dollars or up- wards, he shall be entitled to one vote ; if he shall have paid within the same period the sum of five hundred dol- lars or upwards, he shall be entitled to two votes, and to an additional vote for every five hundred dollars paid over and above the last mentioned sum : Provided always, that no such owner, consignee or agent shall be entitled to more than ten A'^otes in any case ; and such owners, consignees or agents shall, for the purposes of this Act, be designated^ and known as the " shipping interest " : The word "owner," "consignee" or '' agent," in this section, shall be held to include any firm, company, or asso- ciation of persons carrying on business in copartnership j 812 1873. Harbor of Quebec. Chap. 62. 2 and auy one of the partners, and no more, may vote for and iu the name of such firm, company or copartnership. 3« The Council of the Quebec Board of Trade, and the Election by Council of the Levis Board of Trade, shall severally, at meet- T?ade'of* ings to be held at their chambers or usual places of meeting, Quebec and at noon on the first Monday in August in the present year ^^"^• (or if that day should be a legal holiday, then on the next following day not being such holiday), elect — the said Coun- cil of the Quebec Board of Trade two persons, and the said Levis Board of Trade one person, to fill the office of Harbor Commissioners ; and the person or person having the majority of the votes of the members of the Council person- ally present at the said meetings respectively shall be held to be duly elected, and the secretary of the Board shall give him or them a certificate of his or their election, and shall Oertificate of also certify the same to the Minister of Marine and Fisheries. 4. The shipping interest composed as above, shall, at a Election by meeting to be held at the ofiice of the Quebec Harbor Com- inJ|J*e'°tf missioners, in the city of Quebec, at noon on the first Wed- nesday in August in the present year (or if that day should be a legal holiday, then on the next following day not being such holiday) elect three persons to fill the said office of Harbor Commissioners ; each and every person presenting himself to vote shall have previously deposited with the secretary of the meeting the necessary A'oucher or vouchers showing his qualification to vote, and the number of votes to which he is hereby entitled. The secretary of the said Harbor Commissioners shall be ex officio secretary of the meeting, and shall keep a record of the minutes and pro- ceedings of the meeting, and shall be the custodian of and shall preserve all vouchers deposited with him, and shall ^.^'■'i'.^'^*'*°^ give the persons elected certificates that they have been duly elected, and shall also certify the same to the Minister of Marine and Fisheries. •K" TV' TT- -TP 7. Every vacancy happening, from time to time, among Vacancies, the members of the said corporation appointed by the Gov- ^° ^gf JJor ^^ einor, not being members so appointed by reason of the refusal or neglect of the Council of the Quebec Board of Trade, or of the Council of the Levis Board of Trade, or of the shipping interest, or of refusal, when elected, to accept office, shall be filled up by the Governor ; and every other And by vacancy may be filled by election of a member by the ^^-'"°°' body by whom the member occasioning the vacancy was or might have been elected, — such election being made within fourteen days after the occurrence of the vacancy, and as nearly as possible in the manner prescribed for the first election ; and the name of the person elected fig^tioa**^ **^ 813 Chap 62. Harbor of Quebec. 36 Vict. to fill such vacancy shall, forthwith after his election, be certified to the Minister of Marine and Fisheries, as afore- said. Or by the Governor in default of election. Term of office. Appointment by Governor, how made. Qnorum. President. Time of entry into office. Corporation continued under new members. 8. In case the proper body as aforesaid refuses, or for fourteen days after the occurrence of any such vacancy neglects to fill up the same, and to certify to the said Min- ister the name of the person elected to fill the same, the Grovernor may appoint a person to fill such vacancy ; and if any person elected at the first or any subsequent election to fill any ofiice refuses to accept the office, the Grovernor may appoint some other person to fill the same ; and every per- son so appointed shall hold office for the same time as the elective member in whose place he is appointed would have held it, subject to the like provision as to retiring by lot. 9. Every appointment by the Grovernor under this Act shall be made by an instrument under the Gi-reat Seal of Canada; and the person so appointed shall hold office during pleasure ; and any such appointment may be made at any time after the passing of this Act, to take effect on and after the first day of October next. 10. Any five members of the corporation of the Harbor Commissioners of Quebec shall be a quorum, and the ma- jority of any quorum may exercise the powers of the corpo- ration ; and the existence of a vacancy or vacancies among the members shall not prevent or affect the exercise of the said powers, provided there be a quorum as aforesaid. The members of the corporation may, from time to time, elect their own president. 11. The persons appointed or elected under this Act be- fore the said first day of October next, shall enter into office and discharge the duties thereof on and after the same day ; those to be thereafter appointed or elected shall enter into office and discharge the duties thereof from the date of such appointment or election. 12- Nothing in this Act shall be construed as making the Quebec Harbor Commissioners a new corporation; or as requiring that any officer thereof, being such immediately before the said first day of October next, should receive a new appointment; but the members of the corporation elected before the said day shall go out of office on the said day ; and the members of the said corporation under this Act, whether elected or appointed, and their successors elected or appointed, from time to time, as required by this Act, shall be held to be the successors of the members of the corporation under the Acts constituting or continuing or relating to it. 814 1873, Harbor of Quebec. Chap. 62. 4^ IS- So much of the Act of the Legislature of the late inconsistent Province of Canada, passed in the twenty-second year of repealed" * Her Majesty's reign, and intituled, " An Act to provide for 22 V , c. 32. tlie mprovemenl and management of the harbor of Quebec," or any other Act or law amending the said Act, or relating to the said corporation of the Quebec Harbor Commission- ers, as may be inconsistent with this Act, is hereby repealed. 14. Whenever the Quebec Harbor Commissioners desire Corporation to acquire any immovable property for the improvement or ^^J^^^IH ', extension of the said harbor or the accommodations thereof, the improve- they shall cause to be prepared a plan of such immovable "arbofby^ex- property in triplicate ; one triplicate whereof shall be de- p'ropriatioa posited in the office of the Clerk of the Peace of the City of »^^^9^i^^^_a* Quebec, another thereof in the office of the Minister of Marine piana to be and Fisheries, and the third in the office of the Minister of ^''^rorafb Public Works ; and such plan shall be submitted to the Grovemor in Governor in Council for approval, and, upon being duly Council, approved, if an amicable arrangement with the proprietor of such immovable property is not made, the said corpora- tion shall have the right to acquire the same without the consent of the proprietor or proprietors thereof ; and the third, fourth, fifth, sixth, seventh, eighth, ninth and tenth Certain pro- sub-sections of the ninth section of " 'Flie Railway Act, 1868," Railway Act, shall apply to the acquisition of immovable property for the I868, to purposes aforesaid, to the same extent and in the same man- *PP'y- ner as if the said sub-sections had been passed with express reference to the said harbor of Quebec instead of with refer- ence to railways, and the said Quebec Harbor Commissioners were therein referred to instead of the railway company : — If, after one month from the deposit of triplicates of such Prcccedinga map or plan as herein provided and of the approval thereof tion^''^™^"*"' by the Governor in Coxincil, the said corporation of the Quebec Harbor Commissioners shall not have agreed with the owner of such immovable property, then the said cor- poration shall have the right to acquire such land in manner following, that is to say : — A notice shall be served upon the party in occupation of Notice such land as proprietor, which notice shall contain, — 1st. — A description of the lands to be taken, or of the 'powers intended to be exercised with regard to any lands, describing them ; 2ud. — A declaration of readiness to pay some certain sum or rent, as the case may be, as comjpensation for such lands or for such damages ; and 3rd. — The name of a person to be appointed as the arbi- trator of the Quebec Harbor Commissioners, if their offer be not accepted : Tf the proprietor of such land be absent from the Province if the pro- of Quebec, or be unknown, then, upon application to a ^brent.^* judge of the Superior Court for Lower Canada, residing in 815 Chap. 62. Harbor of Quebec. 36 Vict. Proceedinits under Rail- way Act, 1868. Property Tested in corporation in trust. Power to bring or ■defend suits. Recital. Loan of $1,200,000 authorized. the district of Quebec, accompanied by an affidavit of some officer of the corporation that such proprietor is so absent, or that, after diligent enquiry, the party on whom the notice ought to be served cannot be ascertained, the judge shall order such notice to be inserted three times in the course of one month in two newspapers, one in the French and the other in the English language, published in the city of Que- bec ; and upon such publication being completed, the pro- prietor of such land shall be conclusively held to have received notice of the intention of the corporation to acquire the land according to the provisions hereof: After the service of such notice or within one month after the publication thereof, the corporation may acquire such land in manner and form as provided for the acquisition of land by railway companies without the consent of the pro- prietor, to wit : — in the manner and form and by means of the proceedings prescribed by the fifteenth and following sub-sections of the ninth section of " The Railway Act, 1868," in the same manner and with the same effect, as if the said sub-sections had been made specially applicable to the said corporation, and were incorporated in this Act. 15. All property acquired and held by the Quebec Har- bor Commissioners under this Act shall be held to have been and is hereby declared to be transferred to and vested in and to be the property of the* said corporation, in trust, for all purposes for which the said corporation was created, as fully to all intents and purposes, as if so vested in them by their original Act of incorporation. 16. The said corporation shall have full power and au- thority to institute and defend all suits, actions and pro- ceedings in any court of justice in respect of the said property and the land comprised within the said harbor of Quebec, as fully as can be done by proprietors holding lands by valid title, or as might be done by or on behalf of Her Majesty in respect of the bed or beach of the Eiver St. Law- rences 17. And whereas the means at the disposal of the said corporation are altogether insufficient to enable them to meet their engagements, and at the same time to make such improvements in the said harbor as the trade of Quebec and of the Dominion imperatively require, therefore, — For the relief of the said corporation of the Quebec Har- bor Commissioners, and for the improvement of the said harbor, it shall be lawful for the Governor in Council to raise, by the issue of debentures bearing interest, payable half-yearly, at the rate of five per cent, per annum, and re- ^- 13- passed in the thirty-first year of Her Majesty's reign,intituled, '^ An Act respecting the construction of the Intercolonial Rail- way," it was enacted, that a railway should be constructed connecting the port of Eiviere du Loup, in the Province of Quebec, with the line of railway leading from the said city of Halifax, at or near the town of Truro, and that such rail- way should be styled and known as "The Intercolonial Railway," and should be a public work belonging to the Dominion of Canada : And whereas by an Act of the Parliament of Canada, 31 v., u. 68. passed in the thirty-first year of Her Majesty's reign, and known as " The Railway Act, 1868," the provisions of the said Act are applied to the said Intercolonial Railway in so far as they are applicable to the undertaking, and are not varied by or inconsistent with the Act of the Parliament of Canada last above cited : And whereas by an Act passed in the thirty-seventh year of 3'' 'V- > c. 15. Her Majesty's reign, intituled, " An Act to amend the Act re- specUng the construction of the Intercolonial Railway," it was enacted that upon, from and after the first day of June, in toe year one thousand eight hundred and seventy-four, the said Intercolonial Railway should be a public work vested lu Her Majesty, and under the control and management of tie Minister of Public Works, and that all works and pro- perty, real or personal, thereunto appertaining or constructed ox acquired under the said Act, should be vested as aforesaid and under the control and management of the said Minister : And whereas the Grovernment of the Province of Nova BCotia, in pursuance of certain Acts of the Legislature of that ■■^Tovince, enabling them in that behalf, constructed or 853 2 Chap. 22. Intercolonial Railway. 38 Vict. caused to be constructed, a line of railway from the harbor of Halifax, vid Truro, to the navigable waters of the harbor of Pictou : And whereas the Grovernment of the Province of New Brunswick in pursuance of certain Acts of the Legislature of that Province, enabling them in that behalf, constructed or caused to be constructed, a line of railway from the city of St. John to Shediac, in the said Province : And whereas under the provisions of the one hundred and eighth section of " The British North America Act, 1867," and the third schedule to the said A ct, the railw ays herein- before mentioned in the Provinces of Nova Scotia and New Brunswick respectively, became and are the property of the Dominion of Canada ; and whereas it is desirable that the said railways situated as hereinbefore described in the said Provinces of Nova Scotia and New Brunswick, respectively, should form part of, and together with the line of railway from Eiviere du Loup to Moncton, in the Province of New Brunswick, and from Painsec (a point on the said line from St. John to Shediac), to Truro, should constitute and should be known as " The Intercolonial Railway," and be subject to the several provisions of law affecting the same : Therefore Her Majesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows : — What lines !• The line of railway from Halifax to Pictou, in the !'^?'i'.^°^^*.'" _ Province of Nova Scotia, and the line of railway from the colonial city of St. John to Shediac, in the Province of New Bruns- Railway. wick, together with the line from Riviere du Loup to Monc- ton, and from Painsec aforesaid to Truro, and all works and property thereunto appertaining, are hereby declared to con- stitute and form the Intercolonial Railway, and to be vested in Her Majesty and under the control and management of the Minister of Public Works, and shall as such be subject 31 v., c. 68. to the provisions of " The Railway Act, 1868," in so far as the said Act is, by its provisions, made applicable to the Intercolonial Railway. Lauds iaN.S. 2. And whereas certain portions of the lands acquired for requked inay* *^® purposes of the said railways in the Provinces of Nova be sold, Scotia and New Brunswick, and now vested in Her Majesty, may be found unnecessary for such purposes. Her Majesty may from time to time sell and dispose of the same, and grant letters patent therefor accordingly to the purchasers thereof. Inconsistent 3. ^\\ j\^cts and parts of Acts passed by the Legislature of wpeai^d? either of the Provinces of Nova Scotia or New Brunswick in reference to any of the railways or branch lines hereinbefore mentioned, are hereby repealed, in so far as such provisions 854 1851. Intercolonial Railway. Chap, 22. are repugnant to the provisions of this Act, except only as respects all acts done, rights acquired, or penalties or for- feitures incurred under the same, as to all which they shall lemain in force, and apply as if this Act had not been passed. OTTAWA: Printed by Beown Ohambbelin, Law Printer to the Queen's Most Excellent Majesty. 855 38 VIC, CHAP. 23. Preamble. An Act respecting the Lien of the Dominion on the Northern Raihvay of Canada. [Assented to Sth April, 18*76.] WHEREA.S the lien of the Dominion on the railway and property of the Northern Railway Company of Canada, amounts to the sum of four hundred and seventy-five thou- sand pounds sterling, and the Grovernment of the Dominion holds also second preference bonds of the company to the amount of fifty thousand pounds sterling, and third prefer- ence bonds of the company to the amount of fifty thousand pounds sterling, and it is expedient to make provision for the release of the said lien on the conditions hereinafter mentioned : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — !• If the said company or any company formed by its amalgamation with any other company under any Act of the present Session, do on or before the first day of April, one thousand eight hundred and seventy-six, or within such extended time as the Grovernor in Council may grant, not exceeding three months thereafter, pay to the Receiver Greneral of Canada, or to the financial agents of the Domin- ion in England, the sum of one hundred thousand pounds sterling, such payment shall operate as a full discharge and release of the said lien and of all principal and interest due in respect thereof ; and the Receiver Greneral or the said financial agents (as the case maybe) shall give the company a certificate of such payment, which shall be sufficient evi- dence of the discharge of the lien and of all claim in respect thereof: Provided always, that the said bonds of the com- pany held by the Grovernment shall not be afiected by the payment aforesaid, but shall hold their present rank and priority in any re-arrangement that may be made of the aifairs of the company, and that the accrued interest on the second preference bonds shall be paid under the terms of the several Acts relating to the said railway. GoTemnwut 2. jt shall be lawful for the aovernor in Council, at any be appoLted : time after the passing of this Act, to nominate and appoint his powers one additional director of the company, who shall, in all 8&6 On what con- ditions the lien of the Dominion may be re- leased. Proviso, the bonds held by Government not to be affected. IB'JS, I^en on Northern Railway. Chap. 23. 2 things, have the same powers as an ordinary director, but and duration whose concurrence shall be necessary to any future expen- ° ° °®' diture upon new works or equipment undertaken after such appointment : Provided, that such rig-ht to appoint a G-overn- ment director, and his right to a seat at the board, shall subsist only so long as the lien of the Dominion shall remain undischarged by the payment that may be made by the company under the provisions hereinbefore contained. OTTAWA : Printed by Bbown Chamebrlin, Law Printer to the Queen's Mo3t Excellent Majesty. 897 38 VIC, CHA.P. 55. Preamble. An Act respecting the Trinity House and Harbor Commissioners of Quebec. [Assented to 8th April, 18^5.] \\l HEEEAS it is expedient that the powers and authori- V f ties of the Trinity House of Quebec, together with its property (except as hereinafter provided), should be trans- ferred to and vested in the Quebec Harbor Commissionei^, and that the said corporation of the Trinity House of Que- bec should be dissolved and should cease to exist ; and whereas it is expedient to transfer the administration of the pilot fund from the said Trinity House to the corporation of pilots for and below the harbor of Quebec ; and whereas it is also expedient to amend the " Act further to amend the Acts to provide for the manasrement and improvement of the harbor of Quebec ; " Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — orpors of Trinity Honse, under 12 v., c. 114, to cease on 1st Jan. 1876. !• Upon, from and after the first day of January next after the passing of this Act, so much of the Act of the Legisla- ture of the late Province of Canada, passed in the twelfth year of Her Majesty's reign, chapter one hundred and four- teen, and of any Act of the said Legislature of the late Pro- vince of Canada, or of the Parliament of Canada, amending the same, as provides for the existence and continuance of a body corporate and politic for the purposes of the said Act, by the name of the Trinity House of Quebec, and so much of the said Acts as makes it lawful for the Grovernor to appoint a master and wardens, to compose such corporation, and officers, clerks and bailiffs of the same, shall be, and the same is hereby repealed ; and upon, from, and after the said day, the said corporation shall be, and the same is hereby dis- solved and extinguished, so that the same shall thenceforth wholly and entirely cease to exist, either in name or indeed, and the persons who shall then be respectively the master and wardens of the Trinity House of Quebec, or officers of the said corporation, shall be and they are hereby thence- forward relieved, exonerated and discharged from their and each of their obligation to execute the powers vested in them and each of them by the Act in this section first mentioned or any Act amending the same. 858 1875. Quebec Trinity House Sf Harbor Comers. Chap. 66. 2 2. *Upon, from and after the said day all and every the Powers and powers, authority and jurisdiction, rights, duties and liabili- TrinUy'Houge ties of the said Trinity House of Quebec, under the said Act, transferred to twelfth Victoria, chapter one hundred and fourteen, and any boTcon?""^" Act or Acts amending the same, or under any Act or Acts of missionera, the Legislature of the said late Province, or of the Parliament the*a?d*day. of Canada, shall become and be transferred to and vested in and shall be exercised and enjoyed, assumed and discharged by the said corporation of the Quebec Harbor Commissioners, created by the Act of the Legislature of the said late Province of Canada passed in the twenty-second year of Her M ajesty's reign, chapter thirty-two, — who shall thenceforth be a body corporate and politic, for all and every the purposes of so much of the said Act, twelfth Victoria, chapter one hundred and fourteen, and the Acts amending the same as shall then be and remain unrepealed, as well as for the purposes of the said Act, twenty-second Victoria, chapter thirty-two, and the 22 V., c. 33. Acts amending the same ; and may use their own common seal in every case requiring the use of a seal under the pro- visions of the said Act, twelfth Victoria, chapter one hun- 12 v , c. 114. dred and fourteen, as amended by this Act, or by any former Act, in the execution of the powers thereby and hereby con- ferred upon them ; and may do in their own name all and whatsoever the said Trinity House of Quebec are by so much of their said Act of incorporation and Acts amending the same as shall then remain unrepealed, authorized and em- powered to do in their said corporate name ; and all and every the provisions of so much of the said Act of incorpora- tion and Acts amending the same shall apply to the said Quebec Harbor Commissioners in lieu and stead of the said Trinity House of Quebec; and in and for the performance officers of one and discharge of all and every the duties and functions ofg°baSteT their respective positions and offices, the chairman of the for those of corporation of the Quebec Harbor Commissioners shall be *® °**''^' substituted for the master of the said Trinity House, the other Commissioners for the wardens, the secretary-treasurer of the said Harbor Commission for the secretary-treasurer of the said Trinity House, and the person employed by the said Harbor Commission to perform the duties of a harbor master for the harbor master of the said Trinity House. 3' Upon, from and after the said day, all moneys and !JI''?P.*j^'^°^ securities for money, and all property belonging to or vested vested in in the said corporation of the Trinity House of Quebec, in Harbour trust or otherwise, except such as belong to the Decayed ^.g^ except ' Pilot Fund, as hereinafter mentioned, shall be transferred to Pilot Fund, and become and be vested in and belong to and be the prop- delivered erty of the said corporation of the Quebec Harbor Commis- accordingly, sioners, in trust or otherwise, as the case may be, in the same manner and to the same extent, and under and subject Section 2, in so far as it constitutes the Quebec Harbor Commissioners the ruoiage Authority of the pilotage district of Quebec, is consolidated. 859 3 Chap. 55. Quebec Trinity House $(■ Harbor Com'rs. 38 yiCT. to the same trusts (if any) as the same shall immediately, before the said day have been vested in or belonged to or been the property of th3 said corporation of the Trinity House of Quebec ; and within three days after the said day all and every the moneys, bonds, debentures and other Touchers of security for m.3ney, of or belonging to the said corporation of the Trinity House of Quebec, shall be duly delivered into the hands and possession of the proper mem- bers and officers of the said corporation of the Quebec Har- bor Commissioners, by the members and officers of the Trinity House of Quebec, or other persons -wrhom soever in whose hands, custody or possession the same may then be respectively ; and the seal of the said last mentioned corpo- ration shall be delivered to the chairman of the corporation of the Quebec Harbor Commissioners, who is hereby author- ized and empowered to break the same. ji^ ^ j^ ^ ^ T5* TT TT "TT "TT Trinity House 5. The treasurer of the said corporation of the Trinity Oo^o?ation° House of Quebec, in office immediately before the dissolu- of Pilots for tion of that corporation, shall within three days after such Fund"^ dissolution pay over and deliver to the " Corporation of pilots for and below the Harbor of Quebec," all the money, securities for money, and other property of any kind belong- ing to the said fund for the support of decayed pilots, their widows and children ; and shall render to the said last mentioned corporation a full and particular account of such moneys, securities and property, in such form and extend- ing over such period as may be necessary to the full under- standing of the state of the said fund, its assets and liabili- ties ; and in default of his so doing, he, or his legal repre- sentatives, may, at the suit of the corporation last men- tioned, be constrained to perform the obligations hereby imposed upon him, in any way in which an administrator may be compelled to render an account of his administra- tion after the close thereof, and to pay over the balance shown by such account to be in his hands : ^ * Certain mem- G. From and after the first day of January next after the torcommis- Passing of this Act, the members of the corporation of the sioQ to cease Quebec Harbor Commissioners, elected by the Council of from Ja? *^® Quebec Board of Trade, the Council of the Levis Board 18'76. of Trade, and by the owners, consignees and agents having paid harbor dues on vessels, goods, wares and merchandize. or otherwise, to the amount required by the Act thirty-sixth Victoria, chapter sixty-two, shall cease to form part of the said corporation of the Quebec Harbor Commissioners ; and so much of the Act cited in the preamble to this Act as is inconsistent with this section is hereby repealed. Constitution 7. The said corporation shall thereafter be constituted of the Cor- and consist of nine members, five of whom shall be ap- 860 1875. Quebec Trinity House Sf Harbor ComWs. Chap. 55. 4 pointed by the GroTernor ; and the remaining four shall poiatiou consist of one member to be elected by the Council of the ' ^^^^ *""■ Board of Trade of the city of Quebec, one member to be elected by the Council of the Board of Trade of the town of Levis, and two members representing the shipping inter- est as defined in the Act cited in the preamble of this Act, and elected in the manner provided by the said Act. * * §. On the first "Wednesday in August in the present year A-s to next one thousand eight hundred and seventy-five (or if that election of day should be a legal holiday, then on the next following shipping day, not being such holiday), at a meeting to be held interest. in the manner prescribed by the fourth section of the 36 v., c. 62. last cited Act (thirty-sixth Victoria, chapter sixty-two), the shipping interest, as defined by the second section of the said Act, shall elect one person only to fill the office of Harbor Commissioner ; and the said shipping interest shall thereafter be represented by one Commissioner instead of two as theretofore. 9. The person so elected under the next preceding section Term of shall hold office for two years, but may be re-elected ; and g^^yg^ 5 the fifth section of the Act last cited is hereby repealed. 36 v., c. 62, repealed. 10. Upon, from and after the said first day of January As to certain next, the Quebec Harbor Commissioners shall have power, ^^gg^^^of in their discretion, to dispense with the services of the Trinity House Harbor Master of the harbor of Quebec, and of the Superin- ^"^ ^.''^i'^ tendent of Pilots of the same port, or to retain them, or either of them, in their present capacities respectively ; but if so retained, the salaries attached to their offices shall be paid out of the revenue of the Quebec Harbor Commission- ers, and not by the G-overnment of Canada. *M, ^ ^ .U. TP "Tf" "VT TT 12. Nothing in this Act shall affect the continuance of Actions, &c., any suit, or action, or other legal proceeding to which the frfnit^'Hcmse said Corporation of the Trinity House of Quebec is or shall continued." be a party, or which may be pending before it on the first day of January, one thousand eight hundred and seventy- six j but every such suit, action and legal proceeding shall be thenceforth deemed to have been taken up by and in the name of, and may be continued by or against, or may be carried on, continued and prosecuted before the said Corporation of the Quebec Harbor Commissioners in the room and stead of the Trinity House of Quebec ; and all matters And other and things which might have been done, and all proceed- proceedings, ings which might have been taken or prosecuted, by or before the Trinity House of Quebec, relating to any offences which shall have been committed, or to any matters which shall have happened, or to any pilotage or other moneys 861 5 Chap. 55. Quebec Trinity House Sf Harbor Com'rs. 88 ViCT. which shall have become due, or to any fines or penalties which shall have been incurred, before the said first day of January next, may be done, taken and prosecuted, and the offences may be dealt with and punished, and the pilotage and other moneys may be recovered and dealt with, and the fines and penalties may be enforced and applied, there- after, by or before the Quebec Harbor Commissioners. No new Cor- 13. Nothing in this Act shall be construed as making the pora ion. Quebec Harbor Commissioners a new corporation. Yearty report 14. The Quebec Harbor Commissioners shall within to MiniBter of 3 xu^ j.i j^ j. j? t ■ 1 Marine and sevcn days alter the first 01 January m every year, make a Fisheries. report of their doings in office during the preceding calen- dar year to the Minister of Marine and Fisheries, and shall also furnish him with an account in detail of their receipts and expenditure during the same period, in such form as the Minister may direct. * # * * * OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 862 38 VIC, CHAP. 56. All Act respecting the Graving Dock in tlie Harbor of Quebec, and authorizing tiie raising of a loan in respect thereof. [Assented to Sth April, 1875.] \\/ HERE AS by an Act passed in the thirty-sixth year of Preamble. V> Her Majesty's reign, intituled, "An Act further Mr ^ Jf. JA. W ^ ^ =fr ^ 4. The word " society " in this Act shall also include and ^Society" mean " Company." what to OTTAWA : Printed by Brown Chambehlin, Law Printer to the Queen's Moat Excellent Najesty. 66J 883 40 VIC, CHAP. 50. An Act to make further provision respecting the con- stituting and management of Building Societies in the Province of Quebec. [Assented to 2Sth April, 1811.] Preamble. TTTHEREAS it is expedient to make further provisions VV respecting the constituting and management of build- ing societies in the Province of Quebec : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Societies may be incor- porated by letters patent. Notice to be given and what it must show. !• The Governor in Council may, by letters patent under the Grreat Seal, grant a charter to any number of persons not less than thirty who shall present a petition to that effect, constituting such persons and others who may become shareholders in the society by the said letters patent created, a body corporate and politic, the object of which shall be to provide for its members means of investing their savings, to assist them in acquiring immovable property, or in freeing and improving that which they already possess; and to offer to borrowers on the security of immovable property, and of public and other securities, easy terms of loan and repayment ; and no building society shall be established in the said Province without such letters patent. 2. The applicants for such letters patent must give at least one month's previous notice in the Canada Gazette of their intention to apply for such charter, stating therein, — 1. The proposed corporate name of the society ; 2. The place or places in the Province of Quebec where its operations are to be carried on, with special mention if there be two or more such places, of some one of them as its chief place of business ; 3. The intended amount of its capital stock, which shall in no case be less than two hundred and fifty thousand dollars ; 4. The number of shares and amount of each share ; 5. The name* in full and the address and calling of each of the applicants, with special mention of the names of not less than five nor more than nine of their number, who are to be the first directors of the society. 884 1871. Building Societies, Quebec. Chap. 60. 2 3. At any time, not more than one month after the last Petition for publication of snch notice, the applicants may petition the a*ad what i" G-overnor General, through the Secretary of State of Canada, shall contain, for the issue of such letters patent : Such petition must recite the facts set forth in the notice, and must further state the amount of stock subscribed for and the names of the subscribers, and also the amount paid in upon the stock of each subscriber : The aggregate of the stock so taken must be at least the one-half of the total amount of stock of the society, and such capital stock shall amouut to at least two hundred and fifty thousand dollars : The aggregate so paid in thereon must be at least twenty per cent, for permanent shares and five per cent, for tem- porary shares : Such aggregate must have been paid in to the credit of the society, or of trustees therefor, and must be standing at such crisdit, in some chartered bank or banks in the said Province : The petition may ask for the embodying in the letters patent, of any provision which otherwise under this Act might be embodied in any by-law of the company when incorporated. 4. Before the letters patent are issued, the applicants Preliminary must establish to the satisfaction of the Secretary of State, be'estab-^ '° or of such other officer as may be charged by order of the liahed. Governor in Council to report thereon, the sufficiency of their notice and petition, the truth and sufficiency of the facts therein set forth, and that the proposed name is not the name of any other known incorporated or unincorpor- ated society ; and to that end, the Secretary of State, or Proof, such other officer, may take and keep of record any requi- site evidence in writing, by solemn declaration under the Act thirty-seventh Victoria (18'74,) chapter thirty-seven, intituled, "An Act for the Suppression of Voluntary and Extra- 37 v., c. 37. Judicial Oaths" or by oath or affirmation, and may receive and administer every requisite solemn declaration, oath or affirmation. 5. The letters patent shall recite all the material aver- '^^^^}° ^® ments of the notice and petition. <»• Notice of the granting of the letters patent shall be Notice of forthwith given by the Secretary of State, in the Canada f/uerTp^atent. Gazette, in the form of the schedule A appended to this Act ; and thereupon, from the date of the letters patent, |lie persons therein named and their successors shall be a Dody corporate and politic by the name mentioned therein. . '''• It shall be the duty of the directors to declare and Dividends, pay half-yearly dividends to the permanent shareholders, capital ""^^'^ 885 Chap. 50. Building Societies, Quebec. 40 ViOT. Bate limited. of such part of the profits of the society as they shall deem expedient ; but no dividend or bonus shall be declared or paid out of the capital stock of the society, nor shall any dividend exceeding eight per cent, per annum be paid until the society has a reserve fund equal to at least twenty per cent, on the paid-up permanent capital stock, — all bad and doubtful debts having, previous to the calculation of such reserve fund, been first deducted. lacrease of capital stock. Powers of Directors. Affixing seal, &c. Calls. Payments and advances- Contracts. Administer- ing property. Further powers. By-laws. Proviso. S. The capital stock of the society may be increased from time to time by resolution of the directors, who may impose such restrictions and conditions respecting the subscription of such new permanent or temporary shares as they may deem expedient, — such resolution, however, to be approved by the shareholders at a general meeting called for the purpose, and to remain inoperative until so approved. 9- The directors of the society shall exercise all the powers, privileges and authority which are vested in them by this Act and any other Act regulating such society, subject to the rules or by-laws of such society, and they shall be subject to and be governed by such rules, regula- tions and provisions as are herein contained with respect thereto and by the by-laws of such society ; and the direc- tors may lawfully exercise all the powers of such society, except as to such matters as are directed by law to be trans- acted at a general meeting of such society. The directors may use and affix, or may cause to be used and affixed, the seal of such society to any document or paper which in their judgment may require the same ; they may make and enforce the calls upon the shares of the respective share- holders ; they may declare the forfeiture of all shares on which such calls are not paid ; they may make any pay- ments and advances of money they may deem expedient which are or shall at any time be authorized to be made by or on behalf of such society, and enter into all contracts for the execution of the purposes of such society, and for all other matters necessary for the transaction of its affiiirs ; they may generally deal with, treat, sell and dispose of the lands, property and effects of such society, for the time being, in such manner as they shall deem most advantage- ous, expedient and conducive to the benefit of such society ; they may do and authorize, assent to or adopt, all acts re- quired for the due exercise of any further powers and autho- rities which may hereafter be, at any time, granted to such society by the Parliament of Canada : 2. The directors of any such society may, from time to time, alter, amend, repeal or create any regulation, rule or by-law for the working of any such society, and for the investment or application of its funds : Provided, that such action of the directors shall not have binding force until confirmed at any general meeting of the shareholders ot 886 1877. Building Societies, Quebec. Chap. 50. 4 such society upon a vote of two-thirds of the capital stock represented at snch meeting, — notice being given of the proposed changes in the notice calling snch a meeting: 3. The directors may also, by by-law, when they deem it Coaversion of expedient to do so, either suspend for a limited time or beTuspended. until further notice, the right of converting accumulated temporary shares into permanent shares, or may permit such conversion, or make it compulsory upon all the share- holders, on such conditions as they may determine : Pro- Proviso. Tided always, that such by-law shall not have force and effect until it has been confirmed in the manner hereinbe- fore provided. JO. Any such society may lend money to any person or Society may persons or body corporate,without requiring any of such bor- ^*°'* money, rowers to become subscribers to the stock or members of the said society : Provided always, that all borrowers from any Proviso, such society shall be subject to all the rules of such society in force at the time of their becoming borrowers, but not to any other rules : 2. The society may purchase hypothecs on immovable pro- May purchase perty, debentures of municipal corporations, school sections iiypotheca and school corporations. Dominion or Provincial stock or investments. securities, and they may re-sell any such securities as to them shall seem advisable, and for that purpose they may execute such assignments or other instruments as may be necessary for carrying the same into effect ; they may also make advances to any person or persons or body corporate upon any of the above-mentioned securities, at such rates of dis- count or interest as may be agreed upon : 3. The principal money so advanced on hypothecs may Sinking fund, be repaid by means of a sinking fund of not less than two per centum per annum, within such time as the society shall direct and appoint, and as shall be specified in the deed of hypothec or of transfer of hypothec to be made of such immovable property : 4. The society may also make loans to its members and Sales with others on the security of immovable property sold to the redemption, society, with right of redemption, on such conditions as may be agreed upon. 11. The society may hold such immovable property as Society may may be necessary for the transaction of their business, not ^°^^ ^^^^ ^'exceeding in yearly value the sum of ten thousand dollars ft^own^usTj lu all, or as, being hypothecated to them, may be acquired and may by them for the protection of their investments, and may when'hypo^- from time to time, sell, hypothecate, lease or otherwise dis- thecated to it. pose of the same : Provided always, that it shall be incum- Proviso, for bent _ upon the society to sell any immovable property cases." ^'^'^^ acquired in satisfaction of any debt within seven years after It shall have fallen to them. 887 Chap. 50. Building Societies, Quebec. 40 Vict. Society may receive deposits and issue deben- tures. And pay interest on deposits. Form of debentures. From whom deposits may be received. Proviso. Officers to give security. 12. It shall be lawful for any such society to receive money on deposit, and also for the board of directors of any such society to issue debentures of such society for such sums not being less than one hundred dollars, and in such currency as they may deem advisable, and payable in the Dominion of Canada, or elsewhere, not less than one year from the issue thereof, or to assign, transfer or deposit, by way of pledge or otherwise, for the sums so borrowed, any of the securities or property of the society, and either with or without power of sale or other special provisions, as the directors shall deem expedient ; and the society may receive mone}/ on deposit, for such periods and at such rate of interest as may be agreed upon, and money, so received on deposit shall,' for the purposes of this Act, be deemed to be money boi rowed by the society : 2. The debentures of such society may be in the form of Sch edule B to this Act, or to the like effect : 3. And it shall be lawful for the society to receive depos- its frbm any person or persons whomsoever, whatever be his, her or their status or condition of life, and whether such person or persons be qualified by law to enter into ordinary contracts or not ; and to pay any part of or all the principal thereof, and the whole or any part of the interest thereon, to such person or persons respectively, without the author- ity, aid, assistance or intervention of any person or persons, official or officials being required, any law, usage or custom to the contrary notwithstanding : Provided always, that if the person making any deposit in the society be not, by the existing laws of the Province of Quebec, authorized to do so, then the total amount of deposits made by such person shall not exceed the sum of two thousand dollars : 4. Every officer or other person appointed to any office under the society, in any wise concerning the receipt of money, shall furnish security to the satisfaction of the directors for the just and faithful execution of the duties of his office according to the rules of the society ; and any person entrusted with the performance of any other service may be required by the directors to furnish similar security. Provisions as to borrowing money by the society. 20 per cent, paid up. Amount on debentures limited. 13. Provided always, — 1. That the society shall not borrow money unless at least one hundred thousand dollars of its subscribed capital stock has been paid up ; 2. That the society shall not borrow money unless at least twenty per cent, of its subscribed capital stock has been paid up ; 3. That if the society borrow money solely on debentures or other securities, the aggregate amount of the sums so borrowed shall not at any time exceed four times the amount of its paid up and unimpaired capital, or the nominal amount of its subscribed capital, at the option of the society ; 888 1^)*J. Building Societies, Quebec. Chap. 50. 6 4. That if the society borrow by way of deposit, the aggre- Amount on gate amount of the sums so borrowed shall not at any time ^^°^' " exceed the aggregate amount of its paid up capital and of its cash actually in hand, or deposited by the society in any chartered bank or banks in Canada ; 5. That if the society borrow money both by way of de- if they bentures or other securities, or by guarantee, as aforesaid, bothTayl and also by way of deposit, then the aggregate amount of money deposits in the hands of the society, together with the amount of debentures and other securities issued by it, as aforesaid, shall not at any time exceed the amount of the principal moneys remaining unpaid on securities then held by the society, nor shall it exceed the then actually paid up and unimpaired capital of the society by more than one- third of such capital ; but the amount of cash then actually Calculation in the hands of the society, or deposited by them in any ° '^ ' ''"^^' chartered bank, or both, shall be deducted from the aggre- gate amount of the liabilities which the society has then incurred, as above mentioned, in calculating such aggregate amount for the purposes of this sub-section ; 6. That no building society shall have power to receive Borrowing to money on deposit, or issue debentures, unless upon the re- nfaneu^t^ stock sponsibility of its permanent capital stock, and that no accu- only, mulating shares, or shares liable to be withdrawn therefrom shall authorize any such society to receive deposits or issue debentures to any amount whatever. 14. No shareholder of any such society shall be liable for Liability of or charged with the payment of any debt or demand due by i^i'ted!'*^"^ such society, or held to the payment thereof, beyond the sum not paid up on his shares in the capital of such society. 15. Such society shall not be bound to see to the execu- Society not tion of any triist, whether expressed, implied or constructive, to'trusts. ^^^ to which any share or shares of its stock, or to which any deposit or any other moneys payable or in the hands of any such society may be subject ; and the receipt of the party or parties in whose name any such share or shares or moneys stand in the books of the society shall, from time to time, be suificient discharge to the society for any payment made m respect of such share or shares or moneys, notwithstand- ing any trust to which the same may be subject, and whether or not such society has had notice of such trust ; and the society shall not be bound to see to the application of the money paid upon such receipt. 16. It shall be lawful for the society to unite, amalga- Pfoysi^sfor mate and consolidate its stock, property, business and fran- ^^ ot^J^^o chises with those oi' any other society incorporated or Societies, chartered to transact a like business, and any other business in connection with such business, or any biiilding, savings or loan company or society heretofore or hereafter incorpo- 889 Chap. 50. Building Societies, Quebec. 40 Vict. Joint agree- ment between directors of societies pro- posing to amalgamate or consolidate their stock, To be sub- mitted to stockholders of each society for considera- tion. Votes on it by ballot. Agreement, if adopted, to be filed with Secretary of State. rated or chartered, or to purchase and acquire the assets of any such company or society, and to enter into all contracts and agreements therewith necessary to such union, amalga- mation, consolidation, purchase or acquisition. 17. The directors of the society, and of any other such company or society may enter into a joint agreement under the corporate seals of each of the said corporations for the union, amalgamation or consolidation of the said corpora- tions, or for the purchase and acquisition, by the society, of the assets of any other such company or society, prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new corporation, the number of the directors and other oihcers thereof, and who shall be the first directors and oflS.cers thereof, the manner of converting the capital stock o£ «ach of the said corpora- tions into that of the new corporation, with such other de- tails as they shall deem necessary to perfect such new organ- ization, and the union, amalgamation and consolidation of the said corporations, and the after management and working thereof, — or the terms and mode of payment for the assets of any other such company or society purchased or acquired by the society. IS. Such agreement shall be submitted to the share- holders of each of the said corporations at a meeting thereof to be held separately for the purpose of taking the same into consideration. Notice of the time and place of such meet- ings, and the objects thereof, shall be given by written or printed notices addressed to each shareholder of the said corporations respectively, at his last known post office address or place of residence, and also by a general notice to be published in a newspaper published at the chief place of business of such corporations, once a week, for six succes- sive weeks. At such meetings of shareholders such agree- ment shall be considered, and a vote by ballot taken for the adoption or rejection of the same, each share entitling the holder thereof to one vote, and the said ballots being cast in person or by proxy ; and if two-thirds of the votes of all the shareholders of such corporations shall be for the adoption of such agreement, then that fact shall be certified upon the said agreement, by the secretary of each of such corpora- tions, under the said corporate seals thereof ; and if the said agreement shall be so adopted at the respective meetings of the shareholders of each of the said corporations, the agree- ment so adopted and the said certificates thereon shall be filed in the ofiice of the Secretary of State of Canada, and the said agreement shall thenceforth be taken and deemed to be the agreement and act of union, amalgamation and consolidation of the said corporations, or the agreement and deed of purchase and acquisition by the society, of the assets of such company so selling, as the case may be, and a copy 890 k 1877. Building Societies, Quebec. Chap. 50. 8 of such agreement so filed, and of the certificates thereon properly certified, shall be evidence of the existence of such new corporation : Provided nevertheless, that due proof of ProWso, as the foregoing facts shall be laid before the Governor in *° P"^""^- Cotmcil, and, if deemed expedient by theG-overnorin Coun- cil, letters patent shall be issued, and notice thereof duly published by the Secretary of State in the Canada Gazette, after which the new corporation may transact business. 19. TTpon the making and perfecting of the said agree- Upon com- ment and act of consolidation, as provid.ed in the next pre- fo^^xiiLioix ceding section, the several societies, parties thereto, shall be the new cor- deemed and taken to be consolidated and to form one cor- 5!°™''°° ^° poration by the name m the said agreement provided, with rights, a common seal, and shall possess all the rights, privileges ^f ^®J^' J'^'' and franchises of each of such corporations. united societies. 20. Upon the consummation of such act of consolidation All property as aforesaid, all and singular the business, property, move- ye^ted^j^^new able and inmovable, and all rights and incidents appur- corporation tenant thereto, all stock, hypothecs or other securities, sub- ^"j'Jj""* j . scriptions and other debts, due on whate\''er account, and deed. other things in action belonging to such corporations or either of them, shall be taken or deemed to be transferred to and vested in such new corporation without further act or deed : Provided however, that all rights of creditors and Proviso, liens upon the property of either of such corporations shall be unimpaired by such consolidation, and all debts, liabili- ties and duties of either of the said corporations shall thence- forth attach to the new corporation and be enforced against it to the same extent as if the said debts, liabilities and duties had been incurred or been contracted by it ; and pro- Proviso. Tided also, that no action or proceeding, legal or equitable, by or against the said corporations so consolidati.d, or either of them shall abate or be affected by such consolidation, but for all the purposes of such action or proceeding such cor- poration may be deemed still to exist ; or the new corpora- tion may be substituted in such action or proceeding in the place thereof. 21. The choice and removal of the auditors of the society. Auditors and the determination as to the remuneration of the directors t^eir *appoint- and of the auditors, shall be exercised at general meetings ment, remu- of the society, and the auditors shall not necessarily be share- '^^'•a'ioii. '^c. holders : Provided, that in case of the death or failure to act pf any such auditor, the directors may appoint an auditor in his place ; and at all meetings of shareholders of the society the shareholders shall have one vote for each share Md by them respectively. ~2. Such society shall, on or before the fifteenth day of Annual state- February in each year, transmit to the Minister of Finance ^setVand 891 Chap. 50. Building Societies, Quebec. 40 ViOT. liabilities to be trana- mitted to Minister of Finance. What to cott' tain. Statement to be attested on oath, and may be published. a fall and clear statement of their assets and liabilities on the day of the date thereof, and such statement shall con- tain, in addition to such other particulars as the Minister of Finance may require — 1st. The amount of stock subscribed ; 2nd. The amount paid in upon such stock ; 3rd. The amount borrowed for the purposes of invest- ments and the securities given therefor ; 4th. The amount invested and secured by hypothecs ; 5th. The value of immovable property under hypothec 6th. The amount of hypothecs overdue and in default Tth. The amount of hypothecs payable by instalments 8th. The amount held as deposits : And such statement shall be attested by the oath, before some justice of the peace, of two persons, one being the president, vice-president, manager or secretary, and the other the manager or auditor of such society, each of whom shall swear distinctly that he has such quality or office as aforesaid, that he has had the means of verifying, and has verified the statement aforesaid, and found it to be exact and true in every particular ; that the property under mortgage has been set down at its true value, to the best of his know- ledge and belief, and that the amount of the shares, deposits and debentures issued and outstanding, as he verily believes, is correct ; and such statement shall be published by the Minister of Finance, in such manner as he shall think most conducive to the public good ; and for any neglect to transmit such statement in due course of post within five days after the day to which it is to be made up, such society Proceedings gi^all incur a penalty of one hundred dollars per diem ; and Finance in if the same be not transmitted within one month after the case of sai(j (lay^ or if it shall appear by the statement that such OT^suBpected society is insolvent, the Minister of Finance may, by a insolvency of notice in the Canada Gazette, declare the business of such a socie ,y. society to have ceased ; and if the Minister of Finance shall, in any case, suspect any such statement to be wilfully false, he may depute some competent person to examine the books and enquire into the affairs of such society, and to report to him on oath ; and if by such report it shall appear that such statement was wilfully false, or that such society is insol- vent, or if the person so deputed shall report on oath that he has been refused such access to the books, or such inform- ation as would enable him to make a sufficient report, the Minister of Finance may, by notice in the Canada Gazette, declare the business of such society to have ceased ; but m any of the cases in which discretionary power is given to the Minister of Finance to declare the business of such society to have ceased, he may before so doing give notice to such society, and afford the same an opportunity of making any explanation it may be advisable to make ; and all expense attending such periodical statements, and the publication thereof, shall be borne by such society. 892 Penalty for non-trans- mission. IgvT. Building Societies, Quebec. Chap. 50. 10 23. Sub-section one of the first section of chapter sixty- Sab-section nine of the Consolidated Statutes for Lower Canada, inti- l. c., 'c. 69 ' tuled, " An Act respecting Building Societies" is hereby re- repealed, pealed, together with all other provisions of the said Act which are incompatible with this Act. 24. This Act shall apply as well to societies now exist- How this Act ing as to societies hereafter incorporated in the manner interpreted. hereinbefore provided ; but it shall not be so construed as As to existing to preveni? existing societies, not having the capital required ^""'^ '^°' by this Act, to continue their business and operations : Pro- ProTiao, as Tided however, that any such society that has not already power™^'"^ borrowed money, either on deposit or debentures, or both, or otherwise, shall not be allowed to do so until its perma- nent capital is raised to the amount required by this Act, and in accordance with the provisions thereof, and that any such society that has borrowed money already shall not, from and after the passing of this Act, issue any more debentures, and shaU not, from and after the first day of July, one thousand eight hundred and seventy-eight, if it And after ist is a society existing in a city or in an incorporated town, J'^'^' i^^^- and from and after the first day of July, one thousand eight hundred and seventy-nine, if it is a society existing else- 1 where than in a city or incorporated town, borrow or receive money on deposit or otherwise, unless its permanent capital be raised to the amount required by this A ct, and according to the provisions thereof SCHEDULE A. Public notice is hereby given, that under the Act of the Parliament of Canada, Victoria, chapter , (IST'Z.) tespecting Building Societies, letters patent have been issued under the Grreat Seal of the Dominion of Canada, bearing date the day of , incorporating (here slate names, address and calling of each corporator named in the letters patent) as a Building Society, by the name of {here state the name of the society, as in the letters patent) with a total capital stock of dollars, [state here whether the stock is permanent or temporary, or how much thereof is permanent and how much temporary, as the case may be), divided into shares of dollars each. Dated at the office of the Secretary of State of Canada, tils day of A. B., Secretary. 893 11 Cliap. 50. Building Societies, Quebec. 40 ViCT. SCHEDULE B. Society. Debenture No. . Transferable. $ Under the authority of an Act of the Parliament of Canada, Yictoria, chapter The president and directors of the Society promise to pay to or bearer the sum of dollars, on the day of , in the year of Our Lord one thousand eight hilndred and , at the treasurer's office here, with interest at the rate of per cent, per annum, to be paid half-yearly on presentation of the proper coupon for the same as hereunto annexed, say on the day of , and the day of in each jear at the office of the treasurer here {or their agents in ). Dated at , the day of , 18 . For the president and directors of the Society. C. D. A. B. Secretary. COUPON. No. 1. t Half-yearly dividend due of 18 , on Debenture No. issued by this society on the day of 18 , for $ , at per cent, per annum, payable at the office of the treasurer, at (or at the society's agents ). For the president and directors. CD, A. B. Secretary. OTTAWA : Printed by Brown Ohamberlin, Law Printer to the Queen's Most Excellent Majesty. 894 40 VIC, CHAP. 51. An Act further to amend the Acts to provide for the management and improvement of the Harbour of Quebec, and " The Pilotage Act, 1873." [Assented to 2Sth April, 1877.] WHEEEAS it is expedient to make further and better preamble, provision for the management and improvement of the Harbor of Quebec, and to amend certain parts of the Acts now in force respecting the same : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1. The third section of the Act of the Legislature of the Section 3 of late Province of Canada, passed in the twenty-fifth year of *^ pr'jIVtace Her Majesty's reign, and intituled, " An Act to amend the of Canada Act to provide for the improvement and management of the ^^ ^''j,\ ^® Harbor of Quebec," is hereby amended by striking out the following words : " parts beyond the seas," and substituting therefor the words " parts outside of the Dominion of Canada." 2. So much of the eighteenth section of the Act passed Part of sect, in the thirty-sixth year of Her Majesty's reign, intituled, g^ repealed. "An Act further to amend the Acts to provide for the manage- ment and improvement of the Harbor of Quebec," as is in the following words, — "On tow-boats and steamers of twelve tons and under plying in the Harbor and Port of Quebec, for the season, ten dollars each ; "On tow-boats and steamers over twelve tons, plying in or to the Harbor of Quebec, for the season, fifteen dollars each ;" is hereby repealed, and the following substituted New prori- therefor,- aionmade. " On all tow-boats and steamers of twenty-five tons regis- ter or under, plying in or to the Harbor of Quebec, for the season, fifteen dollars each ; and on all such tow-boats and steamers over twenty-five tons register an additional ten cents over and above the said fifteen dollars, for each addi- tional ton register over the said twenty-five tons." And so much of the said section of the said Act as is in the follow- Part of the jng words, — " On all goods, wares and merchandize of any posfag dues imd whatsoever, including timber, lumber and wood goods 895 Chap. 51. Harbor of Quebec, Improvement. 40 Vict. repealed and others sub- stituted. New rates on goods. of every kind, imported into ox exported from the Port of Quebec by sea, to or from any place out of the Province of Quebec, at a rate of one-tenth of one percent; on the invoice value thereof ;" is hereby repealed and the following sub- stituted therefor, — " On all goods, wares and merchandize, including timber, lumber and wood goods of every kind imported into or ex- ported from the Port of Quebec by sea, to or from any place out of the Province of Quebec, and on all such goods, wares, and merchandize, imported into or exported from the said Port of Quebec, to or from, the United States, or by transit from any other country through the United States, whether by sea or otherwise at a rate of one-tenth of one per cent, on the invoice value thereof." Section 19 repealed. 3« The nineteenth hereby repealed. section of the last mentioned Act is Duty of mas- ter of a vessel arriving at Quebec. Statement of cargo. Paying duties. Penalty for default. Power to impose penal- ties or impri- sonment. 4. The master or person in charge of any vessel arriving in the Port of Quebec,. and discharging cargo thereat, from any port within the Dominion of Canada, the Province of Newfoundland or the United States, shall be bound, within forty-eight hours after the arrival of such vessel in the harbor of Quebec, to furnish the secretary of the said cor- poration with a true statement of the cargo of his said ves- sel ; and he shall, within the said forty-eight hours, pay the rates or tolls due on such vessel to the Quebec Harbor Com- missioners, through their secretary-treasurer ; and in default of such master or person in charge of any such vessel so doing, he shall be liable to a penalty not exceeding fifty dollars, or to imprisonment not exceeding one month. 5. The Quebec Harbor Commissioners shall have power, by any by-law to be hereafter made by them, and approved by the Grovernor in Council, to impose penalties not exceed- ing one hundred dollars currency, or sixty days' imprison- ment, upon persons infringing or contravening the provi- sions of any by-law passed or to be passed by the said Quebec Harbor Commissioners; such fine or imprisonment to be sued for and recovered or enforced before a Judge of the sessions of the peace or two justices of the peace. *■ * * * * OTTAWA : Printed by Bkown Chamberlin, Law Printer to the Queen's Moat Excellent Majesty. 890 40 VIC, CHAP. 52. An Act to authorize the Town of Kincardine, in the County of Bruce, to impose and collect certain Tolls at the Harbor in the said Town. [Assented to 2Sth April, ISll.] WHEEEAS the Corporation of the town of Kincardine Preamble, have, in addition to the sum of twenty-four thousand dollars granted to the said Corporation by the Grovernor in Council, expended the sum of forty thousand dollars and upwards, being receipts from all sources, in improving the harbor at the said town of Kincardine and the navigation of the Eiver Penetangore within the limits of the said town, and have also, in order to raise a portion of the said sum of forty thousand dollars, under the authority of by-laws num- bers seventy-one and seventy-nine, issued debentures to the amount of thirteen thousand dollars on the credit of the Bald Corporation, which debentures are payable in twenty years and three years respectively, with interest at the rate of six per cent, per annum ; and whereas the improvements made at the said harbor and in the said river are of great benefit and advantage to all persons conveying goods, wares, merchandise and chattels to and from the said town of Kin- cardine, and have afforded material facilities to the naviga- tion of the said river and entrance to and from the said harbor, and will, if maintained, continue to afford such advantages and facilities ; and whereas the depth of water in the said harbor is liable to become lessened owing to the shifting sands ; and whereas considerable expense will necessarily be incurred by the said Corporation in keeping open the navigation of the said harbor and river ; and whereas also it is expedient further to improve the said harbor and enlarge the basin ; and whereas the Corporation of the town of Kincardine have, by their petition, prayed to he authorized to impose and collect tolls by by-law on goods, wares, merchandise and chattels shipped on board of or landed from any vessel, boat or other craft in or at the said harbor at the town of Kincardine or the basin or river con- nected therewith, and on logs, timber, spars and masts going into or upon or through the said harbor, and to employ the proceeds of such tolls, after deduction and pay- laeut of the expenses of the collection thereof as is herein- after directed : Therefore Her Majesty, by and with the 57 g97 ment of tolls. 2 Chap. 52. Harbor of Kincardine. 40 ViCT. advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Corporation 1. The Corporation of the town of Kincardine is authorized hwbor tolls, ^^id empowered to pass by-laws for the imposition and col- Appiication lection of tolls, to be employed, after payment of the expenses of collection, for the purpose of assisting in liquidating the debt incurred by the said Corporation in improving the said harbor and of further improving the said harbor and the piers in connection therewith, on all goods, wares, merchan- dise and chattels shipped or landed on board or out of any vessel, boat or craft from or upon any part of the said harbor, basin or piers, and upon all logs, timber, spars or masts going Not to exceed into or through or upon the same or any part thereof, — the BchedSe. said tolls not to exceed the rates set out in the schedule to Proviso. this Act : Provided, that the by-law or by-laws imposing the said tolls shall be approved by the Grovernor in Council Prsviso. before having any force or effect ; and provided further, that the power to collect such tolls shall cease in ten years after the passing of this Act. Sale of goods, 2. If any person or persons shall neglect or refuse to pay merchandise ^^^ ^olls or dues to be Collected under this Act and under for non-pay. any by-law that may be passed under the authority thereof, it shall and may be lawful for the said Corporation or their officer, clerk or servant duly appointed, to seize and detain the goods, wares, merchandise and chattels, logs, timber, spars and masts on which the same are due and payable, until such tolls are paid ; and if the same shall be unpaid for the space fifteen days after such seizure the said Corpora- tion, or their officer, clerk or servant as aforesaid may, by public auction, sell and dispose of the said goods, wares, merchandise and chattels, logs, timber, spars or masts or such part thereof as may be necessary to pay the said tolls and the reasonable costs and charges of keeping and selling the same, — giving six days notice' thereof, and returning the Perishable overplus if any to the owner or owners thereof ; perishable goods. goods may be sold in like manner by public auction after a delay of twenty-four hours in default of payment of dues^ and charges. Vessels, &c, 3. Every vessel, boat or other craft on board of which to*is.^ °^ goods, wares, merchandise, chattels and other things may be shipped shall be liable for the dues chargeable against such goods, wares, merchandise, chattels and other things, and in the event of non-payment thereof may be detained until payment thereof is made. Return to 4. An annual return shall be made to Parliament of the Parliament, ^mounts Collected under the said by-laws and of the manner in which the same have been expended. 898 jgij^. Harbor of Kincardine. Chap. 52. S 5. The said harbor of the town of Kincardine and the 1°^^^^"^^^^^ ■works thereof shall be subject to the provisions of any Act legislation, or Acts of the Parliament of Canada which may be passed hereafter for the construction, improvement, regulation or maintenance of the said harbor. SCHEDULE. $ cts. Wheat per bushel } Eye " i Barley " i Flaxseed " I Beans " 1 Pease " i Oats " i Timothy seed " 2 Clover seed " 3 Com " i Potatoes and other roots, per bushel i Onions, per bushel 1 Onions, per barrel 3 Apples, per bushel i Apples, per barrel 2 Plums and Peaches, per bushel 1 Cranberries, per barrel 10 Plour " 2i Oatmeal ' 2 Cornmeal " 1 Pork " 5 Bacon and Hams, per 100 lbs IJ Bacon and Hams, per ton 30 Beef, per barrel 4 Fish— Trout and "White Fish, per barrel 2 Herring (Lake Huron) " IJ (Saltwater) " 2 Salmon " " 3 Cod Fish " per 100 lbs 2 In boxes " " 3 Water Lime and Plaster of Paris, per barrel 2 Land Plaster, per barrel 1 Potash " 5 Pearlash " 5 Salt imported in barrels or bags, per barrel or bag... 2 Salt exported " " " " ... i " per ton 5 Molasses, per barrel 10 Whiskey " 20 Beer, Ale or Porter, per barrel 12^ per half barrel 7 " per quarter barrel 5 6VJ . 899 Chap. 52. Harbor of Kincardine. 40 VlCT. S cts. Beer, Ale or Porter, bottled, per barrel 20 Brandy, per barrel 40 " per keg or half barrel 20 " bottled, in case, per dozen 10 Gin or Hum, per barrel 40 " per keg or half barrel 20 " per dozen in case 10 Wines, per barrel 30 Highwines or Alcohol, per barrel 60 Vinegar " 5 Paint Oil, boiled or raw " 20 CoalOil " 5 All other Oils " 25 Varnish, per gallon 1 Turpentine, per barrel 25 Sugar, per 100 lbs ] " per barrel 1 Horses, per head 20 Cattle " , 10 Swine, Sheep or Calves, per head 2 Square or Pound Timber, per 100 ft. running measure 5 Sawed Lumber, per 1,000 feet 10 Shingles, per square , 1 Laths, per 1,000 feet 2 Coal of all kinds, per ton 10 Pig or Scrap Iron " 12^ Bar or Wrought Iron and Steel, per ton 20 Nails or Spikes, per ton 20 G-eneral Hardware, per ton 30 Chain Cable Castings " 25 G-rindstones " 12 Paints " 40 Nursery Produce " 30 Merchandise " 50 Earthenware, per crate or hhd 10 Threshing Machines, each 1 00 Reaping and Mowing Machines, each 60 Horse Rakes, each 20 Harness, per set 10 Rollers " 10 Straw Cutters, each 10 Root Shears " 10 Ploughs " 10 Double Waggons " 25 Single Waggons or Buggies, each 25 Fanning Mills, each 12 Lard or Butter, per keg or firkin 2 Eggs, per barrel or box 4 BricKS, per 1,000 ".... 10 Bath Bricks, per box 1 Furniture, per ton 50 900 18*77, Harbor of Kincardine. Chap. 52. $ cts. Hops, per 100 lbs 10 Cheese " 3 Wool " 5 Hides or Skins, green, per 100 lbs 3 dry " 5 Hay, per ton 10 Leather, per ton 50 Stave Bolts, per cord 5 Staves, per 1000 6 Shingle Bolts, per cord 5 Bark " 5 Wood " 21 Cedar Posts, per 100 5 CedarTies " 10 Field, Lake, or small Quarry Stoue, per cord 15 Quarried Sand Stone, per ton 15 Marble, per ton 25 All other articles not above mentioned, per ton 40 For Rafts, tonnage dues for 1000 feet lineal measure 60 Crafts and Vessels of any description : For Vessels under 50 tons 50 " 50 tons to 150 tons 1 00 " 150 tons and upwards 1 50 Steamers and Propellers making regular calls to be charged at the rate of |3 00 per month by the season 3 00 OTTAWA : P.inted by Brown Chameeblin, Law Printer to the Queen's Most Excellent Majesty. 901 40 VIC, CHAP. 53. An Act respecting Tolls in the Harbor of Montreal. [Assented to 2Sth April, 1811.] Preamble. Tj^ amendment of the Acts hereinafter mentioned, Her J- Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :-- Sett. 28 of 1. Upon, from and after the first day of May, in the pre- and tariff of Sent year, one thousand eight hundred and seventy-seven, tolls, repealed section twenty-eight of the Act passed in the thirty-sixth April! I'sTT. y^^^ °^ ^^^ Majesty's reign, and intituled, "An Act respecting the Trinity House and Harbor Commissioners of Montreal," and the tariiF of tolls, rates, duties and dues to be levied in the harbor of Montreal, under and by virtue of the said Act, and the Schedules A, B, C, D, E, F and G-, fixing the said tolls, rates, duties and dues in each case, shall be repealed ; except the proviso respecting vehicles, forming part of the said section twenty-eight, which shall remain in force and apply to the tariff under this Act. 2. Upon, from and after the said first day of May, one thousand eight hundred and seventy-seven, it shall be law- ful for the Corporation of the Harbor Commissioners of Mon- treal, to levy upon all vessels entering or departing from the harbor of Montreal, or being at anchor or otherwise moored therein, and upon all goods landed or shipped or deposited-; therein (except arms, ammunition and military accoutre- ments, and other munitions of war for the use of the Grovernment or for the defence of the Dominion, and except also vessels laden therewith), the several rates and dues mentioned in the schedules appended to this Act ; the whole subject to all and every of the provisions of the Act of the Legislature of the late Province of Canada, passed in the eighteenth year of Her Majesty's reign, chapter one hundred and forty-three, and intituled, "An Act to provide for the Management and Improvement of the Harbor of Montreal, and the deepening of the Ship Channel between the said Har- bor and the Port of Quebec, and to repeal the Act now in force for the said purposes," or of the Act hereby amended, or any Act amending the same or either of them, in the same man- ner and to the same extent as if the schedules hereunto appended had originally formed part of and been appended to the Act first cited in this section. 902 Exception. New tariff of tolls on and after 1st May, 1877. Subject to Act of Pro- viace of Canada 18 v., c 143. 1817. Harbor of Montreal, Tolls. Chap. 53. 2 TARIFF. Bates and Dues to be levied in the Harbor of Montreal, under and bj virtue of the foregoing provisions of this Act on and after the first day of May, 187Y. DUES TO BE LEVIED ON ALL VESSELS IN THE HAEBOE. On steamboats measuring fifty tons and upwards, per ton register, for each day of twenty-four hours they remain in the harbor, reckoned from the hour of their arrival to that of their departure l^c. On all other vessels measuring fifty tons and upwards, per ton register and per day, as aforesaid |c. On steamboats measuring under fifty tons register for each day reckoned as aforesaid, each 40c. On all other vessels, measuring from twenty-five to fifty tons register, per day, reckoned as aforesaid, each 25c. On all vessels of less than twenty-five tons register, each, per day, as aforesaid 10c. KATES TO BE LEVIED ON ALL MERCHANDISE, ANIMALS AND THINGS WHATSOEVER LANDED OE SHIPPED IN THE HAEBOE. Articles. Per Rate. Ton Weight. Ton Measure- ment. A barrel dozen each barrel Cts. 7 2 2 2 Cts. 25 25 25 30 Cts. Acimals. undescribed Apples Aavils Arrowroot . ... Ale, Beer and Portpr in bottles 25 B Beef barrel cord dozen do do each do do 2 5 2 2 2 10 4 2 Bark Baskets Brooms, Corn ■Buckets Bateaux Boats, undescribed Burratoues Bottles, empty 15 Ballast' „.„;;;:;...:::;:.; z; ::.":;;;;;;;;:;;:::::: 10 25 25 Bones Bran Barrels, empty 100 100 100 20 15 20 Billets V Boxes, empty .' * y03 Chap. 53. Harbor of Montreal, Tolls. 40 ViCT. Rates to be levied on all Merchandise, &c. — Continued. Articles Bricks Barley, Pot or Pearl . Batting Biscuit Blue Bread Brimstone Butter Bleaching Powder .... Cinders Coal Coke Canoes Carriages on wheels Carts Casks, empty, undescribed., Cattle, Neat Cement Chains Chalk Chinaware, in packages — Copperas Clay, in natural state Corks Crockery, in crates Corn, Indian Candles Cheese Chocolate Cocoa Coffee Cordage Cork, unmanufactured Cotton Crackers Cider Currants Cotton Waste Dusters, Corn Drugs, not otherwise enumerated., Dry Goods do do Earthenware, in crates., do loose £arth . Per 1,000 each 2 do 10 do 2 do 1 head 4 100 bushels dozen 1,000 904 Bate. Cts. 10 25 Ton Weight. Cts. 30 30 30 30 30 30 30 10 10 10 25 25 25 25 10 30 30 30 30 30 30 30 30 30 30 30 30 40 60 25 30 Ton Measure- ment. CIS. 15 20 15 15 20 30 25 15 30 50 15 15 ■[Sit Harbor of Montreal, Tolls. Chap. 53. Rates to be levied on all Merchandise, &c. — Continued. Articles. Per Rate. Ton Weight. Ton Measure- ment. F Fish barrel do do bushel Cts. 2 2 3 1 Cts. 40 50 30 30 25 40 40 25 25 25 Cts. Fish, Shell 30 Feathers Ita Fruits, dried Fish, dry or green 30 Furaiture 30 Game dozen 2 Gear, Raft Gypsam Grindstones Glass, Window Glassware, in packages 100 feet. 2 20- Grain (oats excepted) 100 bushels 25 30 30 30 30 40 25 25 20 30 30 30 40 Ginger Grease Gold or Bullion free 20 H Hides dozen each 6 4 Horns Hay 100 pieces 15 Hemp Honey Hops 30 Hollow Ware 20 I Iron 25 30 30 Junk Iron Pipes I. liCmons 20 10 25 40 30 J-Pggage Laths "'.'.'."'.'.'.'.'.'.'.'.'.'.'.!!'.'.'.'.'.'.'".'.'.'.'..'.'.'.!!.'.'.'"'.'" 1,000 1,000 feet 4 10 lampblack .z""v."'."'.''.'.;;.'.""v.:;": . 905 Chap. 53. Harbor of Montreal, Tolls. 40 VlCT. Rates to be levied on all Merchandise, &c. — Continued. Articles. Per Rate. Ton Weight. Ton Measare- meat. Lard Leather LeadJ(grouncl) White or Red., Llquorice,;Pa3te BI Meal Meats Metals of all kinds, in pig, bar, bolts, rods or sheets ■ nu Millstones Moulds, Plough Matches Malt Marble, unmanufactured.. do manufactured, Granite, &c Meats, dry, salted ^do Preserved Molasses Machinery barrel do 12 gross 100 bushels 100 cubic ft. Nails Nuts of all kinds.. Oars Oranges Onions Oysters Ores of all kinds.. Oil Oakum Ochres Oilcake Oats Pitch Pork Plates, Canada Plates, Tin Pails Poultry Puncheon Packs Pipes, empty Puncheons, empty.. Pipes, Clay Potatoes Plaster of Paris Poles, Hop Pulse Cts. Cts. 30 40 30 30 Cts. 30 2 25 20 30 (w five tons and 25 25 30 20 25 30 30 hen in lots ot over, 25 cts.) 15 30 100 bushel do 15 100 bushels barrel do box do dozen do each do do 15 25 30 25 30 30 30 30 20 bushel 100 100 bushels 906 25 2« 25 1877. Harbor of Montreal, Tolls. Chap. 53. Eates to be levied on all Merchandise, &c. — Continued. Article3. Per Rate. Ton Weight. Ton Measure- ment. Cts. Cts. 30 30 30 10 10 20 30 30 30 30 40 10 25 25 25 25 25 20 30 30 30 30 30 30 30 30 Cts. 25 25 piittv 25 PlAjatpr nf Pari^ do 25 R barrel 2 25 gicg 25 25 s Shovels dozen, do 2 10 Skina BufFalo ... 30 Snades dozen, each, mille. do do 2 2 15 20 60 Snooks, puncheon StaTea. standard Sand Soda Ash. Caustic Soda Sal Soda. Silicate Soda. Spikes Stoves Straw Stone (excent ballasts 100 cubic ft. 100 bushels. do 100 1,000 1,000 20 25 25 25 4 10 Seed Sleepers, Railroad Shingles oago Saleratus Sulphur ' Saltpetre Snuff 1 Soap Starch 15 Sugar 30 30 40 30 40 30 30 30 Steel 30 T Tar barrel. 1,000 100 cubic ft. 2 10 10 Tiles for roofinsr Timber f Tallow Teas 39 Tobacco Tow zr!.'Z''".v.""7.'.'.'zvvv.v.i'";!!;! m Chap. 53. Harbor of Montreal, Tolls. 40 ViCT. Rates to be levied on all Merchandise, &c. — Concluded. Articles. Per Rate. Ton Weight. Ton Measure- ment. V Vehicles, undescribed each, bushel. Cts. 4 1 Cts. 25 40 25 40 Cts. Vegetables,' green do preserved 30 Wood, fire cord, do 5 10 Wood, lath Whiting Wine 30 Wadding 15 Wax 30 30 Wire.. Wool 25 30 dozen. 1 20 Waters, aerated and mineral 20 On all goods, wares and merchandise whatsoever, the quantity of which by weight, measurement or other mode of estimate provided for in the tariff, cannot be conveniently ascertained, it shall be lawful for the Harbor Commissioners to levy a rate of one quarter of one per cent, on the value thereof. Goods not coming under any class enumerated in the tariff, shall be charged the same rate as the class to which they are most nearly assimilated. Each entry shall pay not less than five cents. All property landed on the wharves for re-shipment shall only pay one wharfage. The ton weight mentioned in the tariff shall be two thousand pounds. OTTAWA : Printed by Brown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 908 41 VIC. CHAP. 16. An Act respecting the Traffic in Intoxicating Liquors. [Assented to 10th May, 1878.] WHEEEAS it is very desirable to promote temperance in Preamble, the Dominion, and that there should be uniform legis- lation in all the Provinces respecting the traffic in intoxicat- ing liquors : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — j(, 4^ 4£. ^t, ^ "iP *??■ TY- -Tf" •Tt" 124. Section thirty-four of the said Temperance Act* is Sect. 34 of 27- hereby repealed and the following substituted therefor : — repealed "new " 34. In Ontario, all the said penalties, or any portion of section, them which may be recovered, shall be paid to the convict- Application ing justice, justices or magistrate in the case, and shall by Ontario/'" him or them, in case the inspector of licenses or any officer appointed under the authority of the Lieutenant Grovernor is the prosecutor or complainant, be paid to the inspector, and by him applied as the Lieutenant Governor may direct, and in case such inspector or officer is not the prosecutor or complainant, then the same shall be paid to the treasiirer of the municipality wherein the offence was committed : " 2. The council of every municipality shall set apart not Formation of less than one-third part of such fines or penalties receiA'^ed by fMct thia"' the said municipality for a fund to secure the prosecution Act. for infractions of this Act." • " The Temperance Act of 1864." OTTAWA : Printed by Brown Chamseelin, Law Printer to the Queen's Most Excellent Majesty. 909 41 VIC, CHAP. 22. Pieamble. An Act to amend the law respecting Building Societies carrying on business in the Province of Ontario, [Assented to 10th May, 18'78.] HEE Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — How per- manent so- cieties in Ontario may make shares thereafter Bubscribed for permanent capital and not withdraw- able. Directors may fix amount payable on subscription or as pre- miums on such shares. And pay dividends by way of periodical profits. Proviso. 1. The members of any permanent building society car- rying on business in the Province of Ontario, entitled to vote, may, at any time, by a resolution, to be passed by a majority of two-thirds of the votes of such members present or represented by proxy at any special or general meeting, (for which meeting notice of such intended resolution shall be duly given), determine that all shares thereafter sub- scribed for in such society shall be fixed and permanent capital and not liable to be withdrawn therefrom ; and any share thereafter subscribed for in such society shall be fixed and permanent capital and not withdrawable there- from, but transferable in the same manner as other shares in such society. 2« The directors of any such society may fix the amount to be paid on the subscription of any such shares, which amount shall not be less than twenty per cent, on the shares subscribed, and the premium, if any, which shall be paid thereon, and when such premium shall be payable ; and it shall be in the discretion of the directors, from time to time, to call up the balance of any such shares, at such time or times as they think best. And any such society may, from time to time, pay dividends by way of annual or other periodical profits, upon the amounts paid on such shares. In all other respects such shares shall be subject to the gen- eral provisions respecting shares in permanent building societies carrying on business in the Province of Ontario. OTTAWA : Printed by Brown Chamberlin, Law Printer to tte Queen's Moat Excellent Majesty. 910 42 VIC, CHAP. 10, An Act to amend an Act intituled "An Act respecting the Iniercolcmial Railioay," passed in the thirty-ninth year of the Reign of Her Majesty, Queen Victoria, [Assented to 15th May, ISYO.] WHEREAS by an Act passed by the Legislature of Nova Preamble. Scotia, being chapter eighty-three,, of the year one ActsofN. s., thousand eight hundred and sixty-three, which said Act lees', and c. was amended by an Act of the same Legislature, that is to 9?, of isee, say, by chapter ninety-eight, of the year one thousand eight "''^ ' hundred and sixty-six, certain rights were conferred on the Halifax City Railroad Company ; and whereas it was not intended by the Act of the Parliament of Canada cited in the title to this Act, that the said provisions of the said two Statutes of the Province of Nova Scotia should be affected thereby : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows : — !• The following proviso shall be added to, and read after ^![^^j^° the last word of the second section of the said Act of the ofsg v., c.ie. Parliament of Canada, and shall form part thereof as from the date of its enactment, that is to say : " Provided always, ^°y '°f ^^g that nothing in this Act or in the Act intituled " An Act ors{k.',c.'u, respecting the Public Works of Canada," shall injuriously *iouff°\h?"" affect or prejudice in any way the rights, franchises and rlghts^of the properties of the Halifax City Railroad Company, as granted Halifax Street to them and acquired by them, under certain Acts of the uLdeTp^roriii. Legislature of Nova Scotia." 1 . ,,^u ciai Acta. OTTAWA : Printed by Beown Chambeelin, Law Printer to the Qvesn's Most Excellent Majesty. 911 42 VIC, CHAP. 11. Preamble. Power to purchase part of G. T. Railway 'from Riviere du Loup to Hadlow. Prgviso, for assent of the company at a special general meeting. Provision aa to payment of purchase- money. An Act for the acquisition by the Dominion of a certain portion of the Grand Trunk Railway, to be made part of the Intercolonial Railway. [Assented to loth May, 1879.] WHEREAS it is expedient to provide for the acquisition by the Dominion of that portion of the Grrand Trunk Railway hereinafter mentioned, to the end that it may be made part of the Intercolonial Railway: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :— !• The Grovernment of Canada may enter into arrange- ments with the Grrand Trunk Railway Company of Canada for the purchase by the Dominion of that part of the Grand Trunk Railway bat ween Riviere du Loup and Hadlow, with such metes and bounds, and such appurtenances (ex- cept certain of the rails then in use thereon) as may be deemed expedient, and for running powers between the Chaudiere Junction and Point Levis, and other obligations and services by either party to the other, — on equitable terms to be agreed upon by the parties ; and Her Majesty may acquire the said property and rights, and the Company may sell and convey the same to Her Majesty for the Do- minion of Canada, according to such agreement. But this Act shall not take effect unless and until submitted to a special general meeting of the Company, and accepted by a majority consisting of two-thirds of the votes of the persons present or represented by proxy entitled to vote ; and the certificate in writing, of the chairman of such meeting shall be taken as prima jacie proof of its acceptance by the meet- ing, such certificate to be filed in the office of the Secretary of State of the Dominion of Canada ; and copies certifiedby the said Secretary of State shall be taken and considered in all courts of law and equity as sufficient primd facie evidence of the contents thereof. 2. Payment of the purchase-money, which shall not ex- , ceed one million five hundred thousand dollars, shall only be made to cover expenditure for such purposes in connec- tion with the Grand Trunk Railway as the Government shall consider conducive to the public advantage. 912 18'79. Acquisition of part of G. T. R. Chap. 11. 2 3. Interest at six per cent, per annum shall be allowed interest on any purchase-money remaining unpaid for thirty days patrunpa?d. after payment of the same has become due under the agree- ment. 4. Interest at six per cent, per annum shall be allowed And on yalue upon the value of such of the rails not purchased as part of p^pc^ased' the line, as may not be taken up and delivered by the Grov- but used. ernment to the Company according to agreement, so long as the same remain upon the line after the period agreed upon ; the value of such rails to be computed at their then marketable value. 5. The part of the said railway so purchased for the intercolonial Dominion shall become part of the Intercolonial Eailway, to^'app^y. "^^^ and be subject to all enactments and provisions of law ap- plying thereto. 6. A sum not exceeding three hundred and seventy-five Proriaion for thousand dollars may be expended to defray the expenses ^^^^ p'„r? *'^® of repairing the line of railway so purchased, and relaying chased, and it with steel rails ; and a further sum not exceeding two ^° g„^g°| ^^ hundred and fifty -five thousand dollars to defray the ex- soth June, pense of operating it during the year ending the thirtieth i^^o. June, 1880 ; and such sums shall be paid out of the moneys appropriated for that purpose by Parliament during the present Session, and shall be accounted for as moneys ex- pended under the Acts respecting the construction and operating of the Intercolonial Eailway, respectively. OTTAWA: Printed by Bkown Ohameeeiin, Law Printer to the Queen's Mjst Excellent Majesty. 58 913 42 VIC, CHAP. 12. An Act to amend " The Truro and Pictou Railway Transfer Act, 1877." \Aisented to 15th May, ISTO.] Preamble. "TTTHEREAS all parties interested in the transfer of the VY Pictou and Truro Branch Railway, provided for by " The Truro and Pictou Railway Transfer Act, 1877," have 40 v., c. 46. agreed to certain changes in the terms and conditions of such transfer, and it is expedient, for that reason, to amend and extend the said Act : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — When the 1. The transfer of the said Pictou Branch, and of such of transfer shall ,-i , ,i o j.* j • j_i i? j. be made. the appurtenances thereoi as are mentioned m the tirst section of the said Act (hereinafter called the Pictou Branch), shall be made to the Halifax and Cape Breton Railway and Coal Company, so soon as the contract for the construction and equipment of the extension line of railway from New Griasgow to the Strait of Canso (hereinafter called the " Eastern Extension "), and for the establishment of a steam ferry at the Strait of Canso, now existing between the Grovernment of the Province of Nova Scotia and the said company, or any modification thereof that may be agreed to by the said Grovernment and the Company, shall have been completely performed to the satisfaction of the said Government. Repeal of 33. 2. The second and third sections of the said Act are 2a^nd3,40V., }^^^^^^ repealed. Conditions 3. Such transfer of the said Pictou Branch shall be made of transfer, ^p^^^ ^j^g following conditions :— Operating the (a.) That the Said Company, its representatives or assigns, railway. shall efficiently and continuously operate the said Pictou Branch and the said lilastern Extension and the said ferry, to the satisfaction of the Lieutenant Grovernor of the said Province in Council, at a fair and reasonable tariff of charges which shall be made and established from time to time by Tariff subject the Said Company, subject to the approval of the said Lieu- to approval, tenant Grovernor in Council, and which tariff" shall only ba altered or amended with the assent and approval of the Lieutenant Governor in Council ; 914 1879. Truro and Pictou Railway Transfer. Chap. 12. 2 [b.) That in the event of the said existing contract, with Revestmeut any modification thereof as aforesaid, not being performed meiit*of™' to the satisfaction of the Nova Scotia G-OA'-ernment, or in the Canada, on event of the failure of the said Company, its representatives p^erform^con- or assigns, for a period of three months to operate the said ditions of railways and ferry efficiently and continuously, to wat, by ^''^^^f^'^- running at least one passenger train OA'er the whole line each way daily, except Sundays, and such freight trains as may be sufficient for the conveyance of the freight oiFered for carriage, — and by running the ferry in connection with the passenger trains, — then the said i'ictou Branch shall, if it has not previously been transferred to the said Company, remain the property of the Government of Canada, free from any rights or interest of the said Company therein ; but if it has been so transferred, then it shall immediately by virtue of this Act revest in and become the property of the Gov- ernment of Canada, free from any incumbrances of any kind ■whatsoever created by the said Company, its representatives or assigns, all of which incumbrances, if any, shall there- upon cease to have effect, and shall become extinct, saving, however, the right of the holders thereof as against the Company itself ; and so soon thereafter as the said Eastern Transfer to Extension and ferry and appurtenances shall have become Crovernment the property of the Nova Scotia Government free from Scotia on incumbrances, pursuant to the agreement in that behalf certain between the said Government and Company, and if, or so soon thereafter as the Nova Scotia Government shall be authorized to carry out the conditions herein contained and on their part to be performed, the said Pictou Branch shall be transferred by the Government of Canada to the Nova Scotia Government, subject to the terms hereinafter set out ; (c.) The power of the said Company, its representatives or Ab to creation assigns, to create upon the said Pictou Branch any charges, "he'^brauch °" incumbrances or liens, is hereby made subject to the terms of this Act ; but subject thereto the said Company may create such charges, incumbrances or liens thereon and on the revenues and appurtenances thereof, by the issue of mortgage bonds, or otherwise, as they shall be authorized by the laws of the said Province to create on any other portion of their property, assets or revenues ; {d.) The default of the Company within the intent and How the meaning of this Act, either in the completion, equipment If-^f^^f^^ and establishment of the said Eastern Extension Eailway be proved, and ferry, or in the continuous operation thereof as herein- before provided, shall be established in such manner as shall be agreed upon by the Government of Nova Scotia and the company, or as shall be enacted by the Legislature of the said Province. 4- In case of any difference of opinion between the said in case of Government and the Company as to any item of the tariff of twenTovt Tges to be made and established as aforesaid, or as to the of N. S. and »8i 915 Chap. 12. Truro and Pictou Railway Transfer. 42 ViCT. Co. Minister of P. W.to decide. Terms of transfer to Government ofN. S. Equipment of railway and ferry. Operating railways and ferry. Tarift. Provision in case of de- fault by N. S. Government. Transfer to Canada. Saving rights acquired. Computation of date of default. non-performance of the said existing contract, or as to the failure of the Company to operate the said railways and ferry efficiently and continuously, as above provided for, — such difference shall be submitted for determination to the Minister of Public "Works of Canada, and his decision shall be final and binding. 5- In the event of the said Eastern Extension and ferry and appurtenances becoming the property of the Nova Scotia Government, as above mentioned, the said Pictou Branch shall be transferred to that Grovernment, subject to the following conditions : — (a.) That if the said Eastern Extension and ferry and appurtenances become the property of such Government before the same are completed, equipped and established, the said Government shall complete, equip and establish the same with all reasonable despatch ; (&.) That so soon as the same have been so completed, equipped and established, or if the same become the property of the Nova Scotia Government, after they have been com- pleted, equipped and established, — the said Pictou Branch, Eastern Extension and ferry shall be thereupon efficiently and continuously operated by the Nova Scotia Government, to the satisfaction of the Governor General in Council, at a fair and reasonable tariff of charges, which shall be made and established by the Nova Scotia Government, subject to the approval of the Government of Canada, and which shall only be altered or amended with the assent and approval the said last-named Government ; (c.) That in the event of the failure of the Nova Scotia Government to complete, equip and establish the said Eastern Extension and ferry with all reasonable despatch, as above provided for, or in the event of their fail are for a period of three months to operate the said railways or either of them or the said ferry, efficiently and continuously in the manner hereinbefore described, the said two lines of railway and the said ferry shall thereupon become vested in and become the property of the Government of Canada, free from any incumbrance, charge or lien of any kind whatever, created thereon either by the Government of Nova Scotia or by the Company, all of which incumbrances, charges and liens (if any) shall cease to have effect, and shall become extinct immediately upon the acquisition of the said railways and ferry by the Government of Canada, saving, however, the rights of the holders thereof as against the Company itself or the Nova Scotia Government, as the case maybe. 6. Any default in the continuous operation of the said rail- ways and ferry, or of any of them, which may be charged against the Nova Scotia Government, shall commence and be computed from the date at which the Government of Canada shall give to the Provincial Secretary of the Nova 916 1879. Truro avd Pictou Raihoay Transfer. Chap. 12. 4 Scotia Grovernment a notice claiming that the said railways, or either of them, or the said ferry, are not, or is not, being efficiently or continuously operated as aforesaid ; and any Arbitration dispute between the two Governments as to forfeiture diffeTe^nce. having been incurred, shall be decided by arbitration, as hereinafter provided. 7- The Pictou Branch Railway and the appurtenances Extent of thereof shall be as described in the first section of the Act ^l^^ rail- hereby amended, but it is hereby declared that the right of way and property in the said railway to be transferred to the said anew defined Company or to the Grovernment of Nova Scotia, as the case may be, shall not extend, at the Truro end thereof, beyond the north-easterly boundary line of Prince street, in the town of Truro. But the Company, their representatives and Certaia rights assigns, shall have the right to run trains up to the freight fompany! '^ and passenger stations at Truro for the interchange, recep- tion and delivery of freight and passengers, with the use of the yard, turntable and station buildings appertaining to the said station, excepting the engine-house and coal- houses ; the whole subject to the rules and regulations of the Intercolonial Eailway and the control of its officers, within the boundaries of its property. 8' In case any difference arises between the Grovernment Arbitration of Canada and the Grovernment of Nova Scotia or the Com- difference pany, as to what property or rights are intended "by or in- between tiie eluded in the description of the Pictou Branch and its n°s.' Govern^ appurtenances as contained in the first section of the Act men ts. hereby amended, or as to whether the limitation in the seventh section of this Act deprives the Company of any right to which it would be entitled under the heretofore existing legislation ; and if so, as to the compensation which should be reasonably due to them for such deprivation, having regard to the value of any rights by the said seventh section granted to them, to which they would not be en- titled under the heretofore existing legislation ; or in case any difference arises between the two Governments as to forfeiture having been incurred under the provisions hereof, the matters so in dispute shall be referred to the award and determination of three arbitrators, one to be nominated by the Grovernment of Canada, one by the Nova Scotia Govern- ment or the Company, as the case may be, and the third by the two so nominated : Provided alwavs, that if either party Proviso : in should for one month after notice from' the other that they to app^^fa™ have nominated an arbitrator, omit or refuse to nominate an arbitrator, arbitrator, or if the two nominated should omit within a like delay, or should refuse to nominate the third, then in every such case the Chief Justice of the Supreme Court of Canada, or in his absence the Senior Puisne Judge thereof '^^J, on the application of either party, nominate the required arbitrator : 917 Chap. 12. Truro and Pictou Railway Transfer. 42 ViCT. incy office of arbitrator. Nomination of successor. Time for award limited. Proviso : for extension ot time. In case of the death, resignation or refusal to act of any arbitrator, or if for any other cause the oiB.ce of any arbitra- tor becomes vacant, his successor shall be nominated in the same manner as such arbitrator was nominated, unless the parties otherwise agree; and in case such successor be not, within one month after the happening of the event or vacancy, nominated by the party entitled to nominate him, then the Chief Justice or Puisne Judge as aforesaid may, on the application of either party, nominate such successor : The arbitrators shall, within three months after the last appointment, proceed to determine the matters referred and as to the costs of the reference, and they or a majority of them shall make and publish their award within such three months : Provided always, that the Chief Justice or any of the Judges of the Supreme Court of Canada may, on the application of either party, either before or after the expira- tion of such three months or of any extended time, from time to time, extend the time for making such award ; and the award of the said arbitrators or a majority of them shall be final. Act not to affect certain claims of the company. Short title of Act; and presumed embodiment of its condi- tions in any conveyance under it. 9» And whereas the Company claim from the Grovernment of Canada running powers over the Intercolonial Railway between Truro and Halifax, and also compensation for alleged deterioration of the Pictou Branch since the execu- tion of the existing contract for the construction of the said Eastern Extension, and certain other privileges and rights in respect of the said branch audits property, the provisions hereof shall not atFect the said alleged claims which shall neither be held to be admitted nor waived by submission to the provisions hereof. lO. This Act may be cited as " The Truro and Pictou Railway Transfer Amending Act ; " and in any conveyance of the said railway by the Government of Canada to the Com- pany or to the Grovernment of Nova Scotia, as the case may be, it shall not be necessary to set forth any of the conditions hereof; but the same shall be held to be incorporated in such conveyance, provided it be set forth in such convey- ance that it is made under the provisions of this Act. OTTAWA : Printed by Brown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 918 42 VIC, CHAP. 13. An Act to amend " The Oamtdlan Pacific Raihcay Act, lb74." [Assented to 15th May, 18*79.] HEE Majesty, by and with the advice and consent of the Preamble. Senate and Honse of Commons of Canada, enacts as follows :— 1. Section sixteen of the Act of the Parliament of Canada' Sect, le of 3T passed in the thirty-seventh year of Her Majesty's reign' feuded chapter fourteen, intituled, "An Act to provide for the con- siruction of the Canadian Pacific Railway " is hereby amended by adding at the end thereof the following words : " The " Grovernor in Council may, at any time before or after the GoveTnor in "construction of the said branch railway, make with any leaaeormake " company or companies or persons owning any portion of a certain ar- " line of railway in the State of Minnesota which may con- Is'to^the" ' " nect with the said branch railway, or with any other Pembina " company or person, such arrangement for leasing the said ^^^'^ ' " branch railway on such terms and conditions as may be "agreed upon, such lease not to extend beyond the time "when the Canadian Pacific Eail way from Thunder Bay to " Selkirk is opened for traffic ; and may also make such "other arrangements as may ba deemed advantageous for " working the said branch railway in connection with any " line in the State of Minnesota connecting with the same '' at the boundary line : Provided, that no such contract for Proviso: for "leasing the said branch railway shall be binding until it pa?i°ameaf " shall have been laid before both Houses of Parliament for "one month without being disapproved, unless sooner ap- '' proved by a resolution of each House, and no such other ar- " rangement shall be binding beyond the end of the then next " Session of Parliament, unless it shall have been laid before " both Houses of Parliament for one month without being " disapproved, unless sooner approved by a resolution of ' each House." 2' Whereas by agreement to this Act annexed and marked Recital of Schedule A, dated the third day of August, in the year of gfdlugMt, our Lord one thousand eight hundred and seventy-eight, 1878. ^ade between Her Majesty of the first part, and Greorge Stephen, of the city of Montreal, Esquire, for and on behalf 919 2 Chap. 13. Canadian Pacific Railway. 42 ViCT. of himself and the other bondholders of the St. Paul and Pacific Railway Company, of the second part, certain ar- rangements respecting the working of the said branch rail- way are made, and for the avoidance of doubts it is expe- dient to confirm the same, and to enable Her Majesty to enter into arrangements with some person or company for the equipment and working of the said branch railway confirmed. Under the said agreement : Therefore the said agreement is H. M. may hereby Confirmed ; and Her Majesty may, at anytime and rangm'entg from time to time during the continuance of the said agree- mth any ment, make with any person or company such arrange- equipment ' ^ ments as may be thought proper for the equipment and and working working of the said branch railway by such person or corn- branch rati- V^^Ji under the said agreement, and for that purpose may way. grant to such person or company all authority and powers necessary to the efficient working of the said branch rail- way and to the carrying out of the arrangement which may be made. SCHEDULE A. Memorandum of agreement made the third day of August, A.D. 18'78, between Her Majesty Queen Victoria, herein represented by the Minister of Public Works of Canada, of the first part, and Greorge Stephen, of the city of Montreal, Esquire, for and on behalf of himself and the other bond- holders of the St. Paul and Pacific Eailway Company, of the second part. Whereas the said railway company has its line in opera- tion from St. Paul and other railway connections to Fisher's Landing, about seventy miles from the boundary line be- tween the Dominion of Canada and the United States of America, and proposes within twelve months to complete its line of railway from the said Fisher's Landing to the boundary line at Emerson ; And whereas the Grovernment of Canada are building a railway from Selkirk to Emerson, in the Province of Mani- toba (herein referred to as the G-ovemment line), and intend to complete the same as soon as practicable ; And whereas it is desirable and necessary that the said Government line should have a connection with the rail- way system of the United States in order to ensure speedy connection with the Lake at Duluth and with the Canadian railway system at Sarnia and Windsor, pending the com- pletion of the Canadian Pacific Railway from Selkirk to the Lake at Thunder Bay ; Now these presents witness that the parties hereto cove- nant and agree, each with the other, as follows : — 1. This agreement is to continue in force for ten years from the first day of January, A.D. 1819, unless the Govern- ment of Canada terminate the same at the end of five years 920 18T9. Canadian Pacific Railway. Chap. 13. from that date by giving to the said G-eorge Stephen, or to the said railway company, at least six months previous written notice of the intention to terminate ; upon such no- tice being given this agreement shall terminate at the end of said five years. 2. Her Majesty covenants that the G-overnment of Canada will complete the line of railway between Selkirk and Emerson within twelve months from the date hereof, and thereafter keep the same in an efficient state of repair. 3. G-eorge Stephen covenants that the St. Paul and Pacific Railway and connections will be completed to the boundary line, at or near St. Vincent, within twelve months from the date of this agreement, and will thereafter be kept in an efficient state of repair and be worked efficiently. 4. Her Majesty covenants that upon the St. Paul and Pacific Eailway Company's lines and connections being completed within the said period, so as to make a complete through line from Emerson to St. Paul, and connecting with lines to Duluth, the Government of Canada will permit connection to be made with their said line by the St. Paiil and Pacific line. 5. Also, that until the Government line has been equipped with the necessary rolling stock, &c., so that the same may be worked by the Government, the St. Paul and Pacific Railway Company are to have the privilege of running freight and passenger trains to and from the boundary line and intermediate stations from and to Winnipeg or Selkirk, furnishing their own train and station service. 6. And for such privilege the said George Stephen cove- nants that Her Majesty will be paid such rates per ton per mile for freight, and per passenger per mile for passengers, as may, from time to time, be agreed upon by the parties, or in defaiilt of agreement, as may be, from time to time, fixed by arbitration. T. Both the parties hereto agree, that, on or before the first day of February in each year, either party is to be at liberty to propose to the other a change of rates for the privilege given by the fifth clause hereof, and in default of agreement as to the changes to be made, the matter is to be settled by arbitration. 8. Also that the Minister of Public Works is to fix maxi- mum rates of speed at which the St. Paul and Pacific Eail- way Company's freight and passenger trains respectively may be run on the Government line, and such rates are not to be exceeded. 9. George Stephen covenants that no tolls for the carriage of freight or passengers from or to any place in the Province of Manitoba to or from any other place in Manitoba or else- where shall be levied or taken by the St. Paul and Pacific iiailway Company until the tariff thereof has been approved by the Governor General of Canada in Council, and he agrees that such tariff shall be subject to revision by the Governor 921 Chap. 13. Canadian Pacific Railway. 42 YiCT. in Council from time to time after approval thereof, and that after an Order in Council altering the tariff has been made and communicated to the Company, the tolls men- tioned in such order in Council shall be substituted for those mentioned in the tariif previous to its being altered. 10. G-eorge Stephen covenants that the St. Paul and Pacific Railway Company will make fair and reasonable arrangements as to the proportion of rates and fares for the transfer of freight and passengers at the junction at or near Grlyndon, of the St. Paul and Pacific Railway and the North- ern Pacific Railway, so that traffic to and from the Province of Manitoba from and to Canada, via Lake Superior, may be carried on freely without interruption or break of bulk ; also that the rates and fares to be charged by the St. Paul and Pacific Railway Company for the carriage to and from Emerson from and to G-lyndon of freight and pas- sengers consigned to or going to Canada via Lake Superior, or consigned to or going to Manitoba from Canada vid Lake Superior, shall not exceed a fair proportion of the through rates between Emerson and St. Paul. 11. That should the Grovernment line be equipped with the necessary rolling stock, &c., for the efiicient working of the same. Her Majesty may at any time thereafter, by a writ- ten notice in that behalf to the said G-eorge Stephen or to the said Company, terminate the privilege given to the Company by the fifth clause hereof, either in whole or in part, and from and after such termination. Her Majesty cove- nants that the said Grovernment line shall be thereafter worked efiiciently. 12. In case the Grovernment line be equipped and worked by the Government or their assigns, and the privilege above referred to be terminated, the parties hereto agree to inter- change traffic at the boundary line upon the following terms : — Cars of either party are to be taken over the line of the other party without breaking bulk, on such terms as to mileage and otherwise as may be agreed upon, or in default of agreement, as may be fixed by arbitration. Through rates both for passengers and freight are to be fixed by mutual agreement, or in default of agreement, are to be settled by arbitration. Such rates to be divided on a fair proportion, to be mutually agreed upon, or in default of agreement, to be settled by arbitration. 13. The accounts between the parties are to be settled monthly, and any balance due by either to the other is to be promptly paid. 14. Her Ma,]'esty covenants that during the continuance of this agreement, the Grovernment of Canada will not inter- change freight or passengers carried or for carrriage on the said Grovernment line with any other railway company or with any steamboat, and will not, without the consent of the St. Paul and Pacific Railway Company, permit the cars of any other railway company south of the boundary to 922 1879. Canadian Pacific Raihuay. Chap. 13. pass over the said Government line from or near the boundary northwards. 15. Greorge Stephen covenants v^dth Her Majesty that during the continuance of this agreement the St. Paul and Pacific Eailway Company "will not interchange freight or passengers coming from or consigned or going to Manitoba with any other railway company, or with any steamboat, and will not without the consent of the proper officers of the Government, permit the cars of any other railway com- pany north of the boundary, to pass over their line from or near the boundary southwards. 16. Notwithstanding Her Majesty's covenant that the Government line shall be kept in repair, it shall be the duty of the St. Paul and Pacific Kailway Company, so long as they use the privilege given by the fifth clause hereof, not to run trains over any part of the Government line which may be out of repair, and in case any accident or injury happens to any person or property by reason of the running of trains while the line is out of repair. Her Majesty is in no way to be responsible. IV. The St. Paul and Pacific Railway Company are to notify the proper ofiicers of the Government of any want of repair of the Government line, and in case the necessary repairs be not forthwith made by the Government, the St. Paul and Pacific Eailway Company are to be at liberty to make the repairs, charging Her Ma,iesty with the cost thereof. Should any dispute arise as to the necessity for the repairs or the cost thereof, the matter is to be settled by arbitration. 18. That should a breach happen on the part of the St. Paul and Pacific Eailway Company of any one of the 3rd, 6th, Tth, 8th, 9th, 10th, 12th, 18th, 15th, or 23rd clauses hereof. Her Majesty may by a notice in writing to that Company, or to the said George Stephen, termiuate this agreement from and after a day to be named- in such notice. 19. That should a breach happen on the part of Her Majesty of any one of the 2nd, 4th, 5th, Tth, 11th, 12th, 13th, or 14th clauses hereof, the said George Stephen, or the St. Paul and Pacific Eailway Company, may, by a notice in writing to the Minister of Public Works, terminate this .agreement from and after a day to be named in such notice. vEither party may, however, at any time in writing, waive any such notice, but any waiver, whether of any such notice or any breach of this agreement shall extend only to the notice or breach so waived, and shall not limit the right of the party so waiving in respect of any other or future breach. 20. That should any difference arise between the Govern- ment of Canada and the St, Paul and Pacific Eailway Com- pany or the said George Stephen, respecting the carrying out of any clause of this agreement, such difference shall, "om time to time, as the same may arise, be referred to the 923 Chap. 13. Canadian Pacific Railway. 42 ViCT. award and determination of three arbitrators, one to be nominated by the Grovernment of Canada, one by the St. Paul and Pacific Railway Company, or by the said G-eorge Stephen, and the third by the two so nominated : Provided always, that if either party should for one month after notice from the other that they have nominated an arbitra- tor, omit or refuse to nominate an arbitrator or if the two nominated should omit or refuse to nominate the third, then the Chief Justice of the Supreme Court of Canada (or in his absence the senior puisne judge) may, on the applica- tion of either party, nominate the required arbitrator. In case of the death, resignation or refusal to act of any arbi- trator, or if, for any other cause, the office of any arbitrator becomes vacant, his successor shall be nominated in the same manner as such arbitrator was nominated, unless the parties otherwise agree ; and in case such successor be not within one month after the happening of the vacancy, nominated by the party entitled to nominate him, then the said chief justice, or in his absence, the said senior puisne judge, may, on the application of either party, nominate such successor. 21. The arbitrators shall, within one month after the last appointment, proceed to determine the matters referred, and they or a majority of them shall make and publish their award in writing within one month after the closing of the hearing of the arbitration : Provided always, that any of the judges of the >upreme Court of Canada may, on the applica- tion of either party, either before or after the expiration of such one month, or of any extended time, from time to time extend the time for making such award. The award of the said arbitrators, or a majority of them, shall be final. 22. Should the St. Paul and Pacific Railway not be com- j)leted to Emerson within twelve months from the date hereof, the G-overnment of Canada may, by written notice to that Company, or to the said G-eorge Stephen, determine this agreement. 23. The said G-eorge Stephen covenants with Her Majesty that he will, upon request, so soon as the foreclosure pro- ceedings against the St. Paul and Pacific Railway Company, now in progress, by the bondholders have terminated, and the Company has passed under the control of the bondhold- ers, procure an agreement with Her Majesty, and the said Company or any other company which may be formed for the working of their lines, to be duly executed under the corporate seal of such Company, and countersigned by all necessary officials, and delivered to the Minister of Public Works of Canada. In witness whereof, the said G-eorge Stephen has hereto set his hand and seal, and the Minister of Public Works has hereto set his hand, and these presents have been sealed 924 1879. Canadian Pacific Railway. Chap. 13. ■Vfith the seal of the Department of Public Works, and countersigned by the Secretary of the Department. Signed, sealed and delivered in presence of (as to execu- tion by Geo. Stephen), (Signed) JOHN LESLIE, Clerk, Dept. of Justice. (As to execution by the Minis- ter and Secretary of Public Works), (Signed) H. A. FISSIAULT. (Signed) G-EO. STEPHEN. (Seal.) A. MACKENZIE. F. BRAUN, Secretary. (Seal.) OTTAWA : Printed by Bbowk Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 925 42 VIC, CHAP. 14. An Act further to amend " The Canadian Pacific Railway Act, 1874." Preamble. [Assented to 15th May, ISVO.] WHEREAS it is expedient to provide for the connection of the main line of the Canadian Pacific Railway with the city of Winnipeg and the Pembina Branch of the said railway : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Branch line to Winnipeg authorized. 37 v., c. 14, to apply. 1. A branch of the Canadian Pacific Railway shall be constructed from some point west of the Eed River, on that part of the main line riinning south of Lake Manitoba, to the city of Winnipeg, there to connect with the branch line from Fort Grarry to Pembina ; and all the provisions of " The Canadian Pacific Railway Act, 18*74," with respect to branches of the said railway, not inconsistent with this Act, shall apply to the branch to be constructed under this Act. Expenditure of $1,000,000 authorized. How to be paid and ac- counted for. 2. A sum not exceeding one million of dollars, may be expended on that part of the main line west of the Red River, and the branch hereby authorized, without the pre- vious submission of the contracts under which such expen- diture is made to Parliament, if the Grovernor in Council deem such expenditure expedient. 3. The sums of money of which the expenditure is here- by authorized shall be paid out of the sum appropriated for the purpose in the present Session, and accounted for under the provisions of the twenty-second section of the Act hereby amended. OTTAWA : Printed by Brown Chameeblin, Law Printer to the Queen's Most Excellent Majesty. 926 42 VIC, CHAP. 28. An Act to amend the Acts respecting the Trinity House and Harbor Commissioners of Montreal. [Assented to Uth May, 1879.] HER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows : — 1« The Harbor Commissioners of Montreal may make Commia- by-laws from time to time re-adjusting the tariff of tolls, re-adj^s™*^' rates, dues and duties, to be levied in the said harbor, under tolls under the Act passed in the thirty-sixth year of Her Majesty's ^® ^•' °* ^*- reign, intituled, " An Act respecting the Trmity House and Harbor Commissioners of Montreal," and the Acts amending it ; and all the provisions and remedies contained in the said Acts respecting the levying of such tolls, rates, dues and duties, shall be applicable to them, as re-adjusted by such by-law : Provided always, that such re-adjusted tariff shall Proviso, not increase, in the whole, the tolls, rates, dues and duties now in force in the said harbor ; and provided also, that Proviso, .such re-adjusted tariff shall not be in force until approved by the Governor in Council. OTTAWA ; Printed by Beown Chambeklis, Law Printer to the Qut en's Most Excellent Majesty. 927 42 VIC, CHAP. 29. _ An Act to amend the " Act respecting the Harbor of Pidou, in Nova Scotia." Preamble. 36 v., c. 63. Commis- siouers may employ policemen. Powers and duties of policemen. [Asserded to Ibth May, 19,^2.] IN amendment to the Act passed in the thirty-sixth year of Her Majesty's reign, and intituled, "An Act respecting the Harbor ofPictou, in Nova Scotia " ; Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — !• It shall be lawful for the Commissioners appointed under the said Act to have the superintendence of the said harbor of Pictou, to appoint from time to time, with the approval of the Minister of Marine and Fisheries, and to pay out of the proceeds of the harbor dues collected under the said Act and received by them, fit and proper persons not exceeding three in number, as police constables, who being duly sworn as such by any justice of the peace for the locality, shall, while so employed, obey all lawful orders of the said Commissioners, and shall have, in the said harbor and for the distance of three miles from the boundaries thereof, all the rights, powers and responsibilities of con- ' stables duly appointed in Nova Scotia, but for the purpose only of carrying out this Act, and the criminal laws of the Dominion. Extent of harbor declared. 2. And in amendment of the said Act, and for removing doubts under it, and more especially under the fifth section thereof, it is declared and enacted that the said section and Act do and shall extend and apply to the South Market Street wharf, and to any other wharf or wharves which the Commissioners have built or may hereafter build, as fully and effectually as to the public wharf mentioned in the said fifth section. OTTAWA : Printed by Brown Chameerlin, Law Printer to the Queen's Most Excellent Majesty. 928 42 VIC, CHA.P. 30. An Act respecting the Harbor of North Sydney in Nova Scotia. [Assented to 16th May, 1879.] HER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows : — !• In the construction and for the purposes of this Act interpreta- (if not inconsistent with the context or subject matter), the t'on clause, following terms shall have the respective meanings herein- after assigned to them, that is to say : " Ship" shall include "Ship." ■every description of vessel used in navigation, not propelled by oars; "Master" shall include every person (except a "Master." pilot) having command or charge of a ship. 2. The G-overnor may, from time to time appoint three Appointment iJommissioners under this Act to have superintendence of °*'*^°"'°"^' tlie harbor and harbor master of the port of North Sydney, in the Province of Nova Scotia. 3. The Commissioners shall, from time to time, appoint a Harbor fit and proper person to be harbor master for the said port Master. of North Sydney. 4« The Commissioners appointed under this A ct shall be Control of, under the control of the Minister of Marine and Fisheries, M°nigtlr°of *°* to whom they shall respectively furnish a report in writing, Marine and and on oath, on or as soon as possible after the thirty-first Fisheries, day of December of each year, of their doings in office and of the moneys received and expended by them, in such form. as the said Minister may direct. 5' The said Commissioners shall have power, from time Powers of to time, with the consent of the G-overnor in Council, to Oommis- fflake, repeal or amend rules and regulations defining the ^'°° Tights, powers and duties of the harbor master of the said Regulations port, and the use, management and government of the said ^or Haibor. harbor, and providing for the erection and location of ballast and other wharves, and the rates of wharfage to be paid for the use of such wharves ; and by such rules and regulations Penalties ; to impose reasonable penalties, not in anv case exceeding f."'9y°* 59 929 ^ii^^tei. Chap. 30. Harbor of North Sydney, N.S. 42 Vict. Books to be kept. Buoys and beacons. Salary of har- bor master. one hundred dollars for any breach of such rules- and regu- lations, with, in the case of continuing breach thereof, a^ further penalty not exceeding ten dollars for every twelve hours during vs'^hich such breach continues, — but so that no such rule or regulation shall impose a minimum penalty ; and every breach of any such rule or regulation .shall be deemed an offence against this Act, and every such penalty shall be held to be a penalty imposed by this Act. 6. The said Commissioners shall keep, or cause to be kept, a book or books in vphich shall be entered, from day to day, every vessel arriving in the harbor and sailing from the harbor, together with the description, tonnage and value of cargoes entered inwards and outwards. 7. The said Commissioners shall place and maintain the necessary buoys and beacons in and for the said harbor. S. The salary of the harbor master shall be at the rate of not exceeding four hundred dollars per annum. Due.s on ships vising the harbor. *♦• A rate or duty of one cent per ton on the registered tonnage of each ship exceeding forty tons register, shall be levied and collected as harbor dues on all ships over forty tons register, entering the said harbor for any purpose whatever. Collection of dues by Cus- toms officer. Employees. Harbor police ; and their powers, lO. The said harbor dues shall be collected by the collec- tor of Customs at the said port, who shall not grant entry inwards or clearance outwards to any ship until the harbor dues on her are paid ; and shall pay over to the said Com- missioners on the last day of each quarter, namely, on the thirty-first March, thirtieth June, thirtieth September, and thirty-first December or as soon thereafter as possible, the amount so collected, for the maintenance and improvement of the said harbor and wharves, and the buoys, beacons and other appurtenances thereof. 11» It shall be lawful for the said Commissioners to appoint such officers, assistants and servants as may be found necessary for the maintenance and improvement of the said harbor, the erection of ballast or other wharves, and the carrying out of the provisions of this Act ; and with the approval of the Minister of Marine and Fisheries, to appoint from time to time, and pay out of the proceeds of the said harbor dues, fit and proper persons, not exceeding three in number as police constables, who, being duly sworn as such by any justice of the peace for the locality, shall, while so employed, obey all lawful orders of the said Commissioners, and shall have in the said harbor, and for the distance of three miles from the boundaries thereof, all the rights, powers and responsibilities of constables duly appointed ir. 930 Ig^jg. Harbor of North Sydney, N.S. Chap. 10, 3 Nova Scotia, bvit for the purpose only of carrying out this Act, and the criminal laws of the Dominion. 12. The said Commissioners shall pay out of the sums Application received by them as harbor dues from the collector of Cus- 9^^*F''°"U toms, the salary of the harbor master and other neces- niissiouera"™' sary expenses for carrying out this Act, and shall expend so much of the balance as may remain after the payment of the necessary expenses of the maintenance and repairs of the_ said harbor, ballast or other wharves, beacons and other appurtenances, in the improvement of the said harbor, bal- last and other wharves and appurtenances, in such manner ^'*'' *P" „. and according to such plans as may be suggested by them, \l°ev. and approved by the Minister of Marine and Fisheries. 13. The said harbor shall include and consist of all the Extent of the ■water space and beach, up to high water mark, within a '^»''■''"'■■ line drawn from the point of the North Bar to Eraser's Wharf on the south side of the harbor, and from Eraser's "Wharf on the South Bar to Point Edward, including the North- West Arm. 14. So much of chapter seventy-nine of the Revised Parts of chap. Statutes of Nova Scotia, and of the Act of the Parliament of Nova I'cftia the Dominion of Canada, passed in the thirty-sixth year of and Act of Her Majesty's reign, chaptered nine, and intituled, " An Act ^Tl^l' ^^ to provide for the appointment of harbor masters for certain ports repealed. in the Provinces of Nova Scotia and New Brunswick" and of any other Act or by-law, rule or regulation as is inconsis- tent with this Act, or as makes any provision for any matter "provided for in this Act, is hereby repealed. OTTAWA : Printed by Brown Chambeklin, Law Printer to the Queen's Most Excellent Majesty. h^ 931 42 VIC, CHAP. 48. Preamble. An Act to provide for the Liquidation of the affairs of Building Societies in the Province of Quebec. [Assented to 15th May, 1819.] WHEREAS a large number of persons of limited means have invested their earnings in building societies in the Province of Quebec, and on account of a long period of de- pression such persons are exposed to lose their earnings for want of means to continue the payment of their contribu- tions, and it is expedient to come to their relief by providing a speedy and inexpensive mode of liquidating the affairs of such societies in the said Province : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Liquidation 1. Any building society in the Province of Quebec may, resolved upon ^* ^^J annual general meeting, or at any special general atanjrgenerai meeting, by a majority of two thirds of the votes of the mottcr^ ^^^'^ members present in person or by proxy at such meeting, — each member being entitled to one vote for every share then held by him, — adopt a resolution for the liquidation of the society's affairs : Provided, that public notice of such meet- ing, and of the proposal to liquidate to be made thereat, shall have been given at least fifteen days previously in a French newspaper and in an English newspaper in the locality ; and provided also, that a special notice, containing the same information as the public notice, shall have been sent by post to each member of the society at least fifteen days before such meeting ; and from and after the adoption of such resolution the society shall be deemed to be in liquidation. Its effect. Liquidators may then be appointed. President. Quorum. 2« The shareholders may, at the same meeting, by a ma- jority of the votes given, appoint three or five liquidators, who shall take the place of the directors then in office, and shall be charged with the duty of liquidating the affairs of the society ; and any director then in office may be ap- pointed a liquidator. 3. The liquidators shall elect one of their number to be their president ; and the majority of the liquidators shall form a quorum or the board of liquidators ; and every 932 1379. Building Societies in Quebec. Chap. 48. 2 question shall be decided by the majority of the votes of the Decisions of liquidators present at the meeting of the board at which it '^^^^ '°°^' is put to the vote ; and the president shall have a casting vote. 4. The liquidators shall have all the powers conferred, Powers and and be subject to all the obligations towards the share- fiq^f^^to^g holders imposed by law and by the by-laws of the society, upon the directors. Nevertheless the society shall not Proviso, transact any business except such as may be requisite for the purpose of accomplishing the liquidation ; and the liqui- dators shall proceed with diligence to realize all the assets of the society without any unnecessary sacrifice ; and to Realizing that end they may dispose, either by private sale or by posing of'" auction, of the movable and immovable property of the claims, &c-. Bociety, including the debts due to it, and they may com- pound and compromise with the society's debtors and do whatever they may deem to be advisable in order to the liquidation of the affairs of the society on the most advan- tageous terms. 5. After paying the society's debts, the liquidators shall Dirision of divide from time to time, and at such times as they shall r^nzed^from. decide themselves, by way of dividend, Avhat they have sale of assets, realized from the assets. This division shall be made propor- How made tionally to the amount paid in by each shareholder; but pafti^i'p°ate no shareholder in arrear on the payment of his calls shall be in, &c. entitled to participate in the division so long as the other shareholders shall not have been reimbursed in full for the fpayment of those calls which he shall have neglected to pay; and every shareholder so in arrear shall be charged with interest at the rate of six per cent, per annum on the amount of his calls due and unpaid, and such interest shall diminish in proportion to the amount which shall be reim- bursed to the other shareholders in respect of the same calls. 6' In case it should be resolved to pay some of the mem- Members may bers by means of transfers of claims or moneys due to the tr^Js^er o^ Bociety, it shall be lawful for the liquidators to divide the claims, debts due to the society into several parts, and to transfer a part or parts to different members ; and the debtors of Effect of whose debts such transfers may be made shall suffer such ^''^'i^''^''- division and pay to the creditors so delegated ; — proAuded however, that no debt shall be divided into more than four farts, and that the debtor shall not be bound to pay else- where than at his domicile, if he has any, where the debt Was contracted ; and if he has no domicile, then he shall be bound to pay at the domicile or elected domicile of the creditors in the place where the debt was contracted. ''• The principal money due under every obligation ^^ t° vj^y- executed by any shareholder in favor of the society, the day ™pai money' 933 Chap. 48. Building Societies in Quebec. 42 YiCT. due to the of payment of which, is undefined, or which is appointed obUgationsl^"^ to be paid on the extinction of any class, shall continue to become payable according to the terms of the obligation itself, and of the by-laws of the society ; but moreover, the liquidators may, from time to time, exact on account of the principal moneys of such obligations the payment of such amounts as may be necessary for the purpose of plac- ing the shareholders 9n a footing of equality with respect to the final result of the liquidation ; but such amounts shall not become payable until after a month's notice to the debtors. Provision ■when appro- priations to members are payable by terms with- out interest. Proviso. As to amount paid as pre- miums for appropria- tion. Liquidators to obey orders from meetings. 8. In any society or societies where the appropriations obtained by members are repayable to the society in pay- ments extending over a term of years without interest, then the members having obtained any such appropriation or appropriations, and being bound by obligation or otherwise so to repay the same, shall pay to the said liquidators in addition to the principal sum or sums so received by them, and each of them, a sum of money which shall be equivalent to interest at the rate of seven per centum per annum, for the time for which they and each of them shall have had the use of the said principal sum or sums, or any portion there- of ; — the said amount so to be payable for interest to be com- puted from the time each of such members received the prin- cipal sum of each appropriation up to the time that he shall have repaid it in full, and in such manner that he shall pay interest for the length of time he shall have had the said sum or sums and each or any portion thereof, on the said sum or sums or on the portion or portions thereof he shall have had and not repaid as the case may be. The total amount of the said interest ha^dng been so ascertained the said liquidators shall credit, on account thereof, the said debtor with the amount of weekly subscriptions paid in by him upon the subscription book on which he has obtained any such appropriation, up to the date of the liquidation of such society, and shall apportion the balance into payments to be made at such times as they may fix during and beyond the term granted for the repayment of the principal sum of the said appropriation : Provided always, that the said deb- tor shall not be obliged to pay in any one year, as such in- terest, any larger sum than the amount which, had the society continued in operation, he' would have been bound to pay in such year . as subscriptions on the subscription book, on which he obtained such appropriation : No amount paid by any member as premium or bonus for the obtaining of any appropriation shall be credited on account of or imputed in deduction of the said amount to be paid by him as interest, under the foregoing provisions. 9. The liquidator or liquidators shall give such security and shall receive such remuneration as may be determined 934 18f9. Building Societies in Quebec. Chap. 48. 4 upon at a meeting of the shareholders, and. shall be at all times bound to obey orders given to them by resolutions adopted ^t a regular meeting of the members, and may be dismissed j&i any such meeting ; and on their dismissal they shall And pay over hand over all the assets of the society, as well as all its books "" '^"'^'* ■ and papers, to their successors, or to any person appointed by such meeting, under a penalty of fifty dollars for every -day of retention of any such assets, books or papers, — which penalty may be recovered by any member of the society by civil action as a debt, and shall be enforceable by imprison- ment until paid. 10. The shareholders in general meeting assembled may Shareholders authorize the division in kind of the whole or a part of the divLion'in"''' property of the society, and also the payment in kind of kind of the the proportional amount accruing to any shareholder in the^oc^tv respect of his shares ; they may also authorize the sale in one lot of all the assets of the society, on such terms as they may see fit ; they may also authorize the liquidators to pur- chase for the benefit of the society the rights of any share- holder, and to pay for the same either in money or in kind, — that is to say, with the property of the society. 11' The liquidators shall not be subject to any greater Responsi- lesponsibility than the directors of the society are subject neration^and to by law and by the by-laws of the society. Their remu- tenure of aeration shall be fixed by the shareholders in general meet- lifufdator ing assembled, and they shall be bound to give such secur- ity as the shareholders may require. They shall be subject to instructions from the shareholders, in so far as the same may be compatible with the laws and with the by-laws of the society. They may be removed from oifice by the share- ^^po^*' *°'i holders at any meeting, and replaced by others ; and in the cies°^ "'a'^an- case of any vacancy arising among them, either by death, refusal to act, incapacity, removal from oifice or otherwise, such vacancy shall be filled by the shareholders at any general meeting ; and until any such vacancy has been filled the liquidators remaining in office shall continue to exercise the same powers ; but it shall be their duty to call, with all convenient speed, a meeting of the shareholders for the purpose of filling the vacancy. 12. The liquidators shall make a report of the state of the Interim and society's affairs to the shareholders at each annual general ornquldatora laeetmg, and at such other meetings as the shareholders to meetings may determine upon for that purpose ; and on the occasion ^of^'g^/g^'a^j 01 the final liquidation the liquidators shall make a report dissolution of to a final meeting of the shareholders, called for that pur- Society at pose, which report shall be subject to the approval of the ""'"^s- Taeeting ; and such meeting shall then have power to dis- solve the society and to surrender its charter, which shall thereupon expire and become null and void ; and at such 955 5 Chap. 48. Building Societies in Quebec. 42 YlCT. final meeting the shareholders may make such orders as they think fit with respect to the custody of the books, papers and Proviso, as to records of the society : Provided always, that if there remain creditors. debts to be paid to unknown creditors, or to creditors to whom payment cannot be made, the liquidators shall deposit the amount in the hands of the treasurer of the Province of Quebec, under the authority of chapter five of the Acts of the Legislature of the Province of Quebec, passed in the thirty- ss^v^f ^'sf ^° fifth year of Her Majesty's reign, intituled, "An Act respecting- cited.' ' Judicial and other Deposits" and of the Acts amending the said Act, and shall, in so doing, comply with the formalities prescribed by the said Acts ; and the charter shall not be surrendered until after such deposit has been made. ^|f**^°° °^ 13. No fine shall be incurred after the day on which liquidation is resolved upon. Addresses of 14. Everv shareholder shall leave his address, in writinsr, to be left at at the Society's office ; and every special notice required by ofSce. this Act shall be sent to such address; and" in case any shareholder neglects to conform to the above requirement, such notices shall be addressed to him at his last known place of residence, and if there is none such, then at the place where the sosiety has its principal office or place of business. Power to any 15. Any fifteen shareholders of any building society in hoW^e'rs^o*'^^' the Province of Quebec shall have power to call a special call a special general meeting of the shareholders thereof for the purposes. thTpurooses ^^ ^^^^ -^^*> ^7 gi'^^^S public notice thereof in conformity of this Act. with the first section of this Act. Limi.tation of j©, Tj^jg ^^^ shall not apply to permanent shares of any of Act. building society, if such shares are all paid and converted into unredeemable stock, unless three-fourths of, the mem- bers present at a meeeting held for the purpose of liquidat- ing agree to liquidate. OTTAWA : Printed by Beown CHAMBEHLra, Law Printer to the Queen's Most Excellent Majesty. 936 42 VIC, CHAP. 49. An Act respecting Building Societies carrying on busi- ness in the I'rovince of Ontario. [Assented to 15th May, 18Y9.] WHEREAS by the second section of the Act passed in the Preamble, fortieth year of Her Majesty's reign, chapter forty- gect. 2 of 40 nine, it is enacted as follows : — " The aggregate amount of \-> <=. 49, money deposits in the hands of any such society, together °^ ^ ' with the amount of its debentures issued and remaining unpaid, may be equal to, but shall not, at any time, exceed double the amount of the unimpaired, capitalized, fixed and permanent stock in such society, not liable to be withdrawn therefrom : Provided always, that the amount held by any And its society on depopit shall not exceed the amount of the paid ^'^°^'^°' up and unimpaired capital of such society, and that the total liabilities of any such society shall not at any time exceed the amount of principal remaining unpaid on the mortgages at such time held by such society ; and that, in estimating the liabilities of any such society, the amount of cash actually in the hands of such society or deposited to its credit in any chartered bank, shall be deducted there- from ; ' and that in estimating the unimpaired, capitalized, iixed and permanent stock of any such society the amount of all loans or advances made by it to its shareholders upon the security of their stock shall be deducted therefrom : " And whereas doubts may arise as to the meaning of the words "liabilities of such society " w^here the same occur in the said section : And whereas it is expedient to remove such doubts and to amend the said Act : Therefore Her Majesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows : ~ !• In the said section the words "liabilities of such Certain words society," or " total liabilities of such society," shall be taken 40 vfr49°^ to mean, and are hereby declared to mean, only the liabili- interpreted, ties of any such society to the public, and shall not be taken to include, and it is hereby declared that the same do not include the liability of any such society to its shareholders in respect of its capital stock, or otherwise to its shareholders as such. 937 Chap. 49. Building Societies, Ontario. 42 Vict. Permanent Bnilding Societies in the Province of Ontario under Dom- inion laws, may carry on business m the Province of Manitoba «,nd in the North-West Territories. 2. Any permanent building society carrying on business in the Province of Ontario, under the laws of the Dominion, having a fixed and permanent capital stock of not less than one hundred thousand dollars, is hereby authorized to carry on business in the Province of Manitoba or in the North- West Territories, or in any Province that may be formed out of the same ; and for such purpose is hereby declared to be a body corporate vpith all the powers, privileges and liabili- ties heretofore enjoyed by such society in the Province of Ontario only. And may hold 3. Any such society may hold, absolutely, real estate for the purposes of or in connection with its place or places of business, not exceeding the annual value of ten thousand dollars ; but this section shall not affect any action or suit now pending. In case of the transmission -of interest in any share, Ac, other- wise than by transfer, ■directors may require a written declaration showing the nature of such trans- mission. 4. If the interest of any person or persons in any share or shares in the capital stock, or in any bond, debenture or, obligation of any such society, — such bond, debenture or obligation not being payable to bearer, — hath become, or shall become transmitted in consequence of the death or bankruptcy or insolvency of any such holder, or in conse- quence of the marriage of a female holder or by any other lawful means other than a transfer upon the books of the society, the directors shall not be bound to allow any trans- fer pursuant to such transmission to be entered upon the books of the society, or to recognize such transmission in any manner until a declaration in writing, show ing the nature of such transmission, and signed and executed by the person or persons claiming by virtue of such transmis- sion, and also executed by the former shareholder, if living and having power to execute the same, shall have been filed with the manager of the society, and approved by the directors ; and if such declaration purporting to be signed and executed shall also purport to be made or acknowledged in the presence of a notary public, or of a judge of a court of record, or of a mayor of any city, town or borough or other place, or a British Consul or Vice-Consul, or other accredited representative of the British Government in any foreign country, the directors may, in the absence of direct actual notice of a contrary claim, give full credit to such declara- tion, and unless the directors are not satisfied with the re- sponsibility of the transferee, shall allow the nume of the party claiming by virtue of such transmission to be entered in the books of the society^ What shall 5. If gijch transmission has taken place or shall hereafter justificaUon take place by virtue of any testamentary act or instrument, of directors or in consequence of an intestacy, the probate of the will, or ingTrln^s-''" letters of administration, or act of curatorship, or testament mission if by testamentary, or testament dative expede, or other judicial 938 ISYf. Building Societies, Ontario. Chap. 49. 3 or official document under which the title whether bene- yi'i «' ficial or as trustee, or the administration or control of the "^'^^ *'^^" personal estate of the deceased, shall purport to be granted by any court or authority in the Dominion of Canada, or in Great Britain or Ireland, or any other of Her Majesty's Dominions, or in any foreign country, or an authenticated copy thereof, or official extract therefrom, shall, together with the said declaration, be produced and deposited with the manager ; and such production and deposit shall be sufficient justification and authority to the directors for paying the amount or value of any dividend, coupon, bond, debenture, or obligation or share, or transferring or consent- ing to the transfer of any bond, debenture, or obligation or share, in pursuance of and in conformity to such probate, letters of administration or other such document as aforesaid. 6. Whenever the directors shall entertain reasonable doubts Provision for as to the legality of any claim to or upon such share or shares, r^^rs haV- bonds, debentures, obligations, dividends, coupons, or the pro- ing reason- ceeds thereof, then and in such case it shall be lawful for as to1.effaiftT the society to file in any one of the superior courts of law, of any claim or in the Court of Chancery, in the Province of Ontario, a ^^^^^ ^'^*"^°' petition stating such doubts and praying for an order or judgment adjudicating and awarding the said shares, bonds, debentures or obligations, dividends, coupons or pro- ceeds to the party or parties legally entitled to the same ; and such court shall have authority to restrain any action, suit or proceeding against the society, the directors or officers thereof, for the same subject matter, pending the determination of the said petition ; and the society and the directors and officers thereof shall be fully protected and indemnified by obedience to such order or judgment against all actions, suits, claims and demands in respect of the matters which shall have been in question in such petition and the proceedings thereupon : Provided always, that if the court adjudges that such doubts were reasonable, the costs, charges and expenses of the society, in and about such petition and proceedings, shall form a lien upon such shares, bonds, debentures or obligations, dividends, coupons or proceeds, and shall be paid to the said society before the society shall be obliged to transfer or assent to the transfer, or to pay such shares, bonds, debentures or obligations, dividends, coupons or proceeds to the party or parties found entitled thereto. ''• The word " society " in this Act shall also include and " Society" mean " company." interpreted. OTTAWA : Printed by Brown Chambkelin, Law Printer to the Queen's Moat Excellent Majesty. 939 42 VIC, CHAP. 51. Preamble. An Act to amend so much of the Act thirty-third Vic- toria, chapter forty-six, as relates to the imposition and collection of dues and tolls upon logs, timber, pine, cedar and railway ties, passing down the Eiver Moira through the Port of Belleville. [Assented to Ybth May, 1879.] WHEREAS certain persons engaged in the manufacture of lumber, timber, railway ties and other stuff in the Bay of Quinte, and w^ho float in each year down the Moira Eiver, and through the port of Belleville large quantities of saw logs, timber, cedar and railway ties, have represented by their petition that the dues now imposed by the Corpor- ation of the city of Belleville are excessiA^e and unjust, and that no provision is made by the said corporation in return for the said tolls or adequate thereto, for the safety or pro- tection of the stuff brought down the said river, and have prayed that the Act thirty -third Victoria, chapter forty-six, intituled, "An Act to authorize the Town of Belleville to impose and collect Harbor Dties, and for other purposes" may be amended as is hereinafter mentioned ; and whereas it is expedient to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol- lows : — Provision as 1. The first Section of the Act passed in the thirty-third toii^a^dded year of the reign of Her Majesty Queen Victoria, chaptered a° v''V''^iR°^ forty-six, intituled, "An Act to authorize the Town of Belleville to impose and collect Harbor dues, and for other purposes," is hereby amended by adding thereto the following words : " Provided always, and it is hereby enacted, that the Cor- poration of the town of Belleville may, from time to time, alter, amend or change the said dues or tolls so fixed, or any part of them, subject always to revision by the Governor in Council, as in this Act hereinafter provided." 33 v., c. 46. 33 v., c. 46. Governor may alter tolls. 2. The Grovernor in Council shall have the power, on proper cause shown, and he is hereby authorized to revise, alter, amend or change the said tolls, or any part of them, to such extent as the justice and right of the case may require. 940 1879. Belleville Harbor dues. Chap. 51. 2 3. So long as the Corporation of the city of Belleville Booms to be collects dues or tolls upon logs, timber, pine, cedar and rail- Safntahi'id way ties passing down the MoiraEiver, through or into the while tolls port of Belleville, or through or into the said harbor, it shall proWso^"**'*" he the duty of the said Corporation to make and maintain proper and sufficient piers and booms, in the said harbor, to protect the said logs, timber, pine, cedar and railway ties from escaping into the Bay of Quinte, in order to the sorting and separation of the said property by the respective owners thereof: Provided however, that the said corporation shall Proviso; not be responsible for the escape of any such logs, timber, noTfes^pS- pine, cedar or railway ties, by reason of the accidental or bie in certain other breaking or cutting of the said booms and piers, so ''*^®^' long as the said piers and booms are kept and maintained in a proper and efficient state of repair. OTTAWA : Printed by Brown Chameeelin, Law Printer to the Queen's Mo3t Excellent Majesty. 941 43 VIC, CHAP, 8, An Act to confirm the purchase, by the Dominion, of a portion of the Grand Trunk Railway, and -the agree- ment made with the Grand Trunk Railway Company of Canada with respect therett). [Assented to 29th April, 1880.] Preamble. WJ HEEEAS pursuant to the provisions of an Act passed VV in the forty-second year of Her Majesty's reign, chap- 42 V. c. 11. ter eleven, intituled, "An Act for the acquisition by the Domin- ion of a certain portion of the Grand Trunk Railway, to be made part oj the Intercolonial Railway," the Grand Trunk Eail- way Company of Canada sold and Her Majesty bought that portion of the said Company's line of railway described in the indenture set out in the schedule hereto annexed marked A, and the parties entered into the agreements contained in the said indenture : And whereas, for the avoidance of doubt, it is expedient to confirm the said purchase and sale and the said agree- ments, and the title of Her Majesty to the line of railway so bought : Therefore Her Majesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows : — Agreement as 1. The indenture or agreement set forth in the schedule A^c^nSed hereto, marked A, is hereby confirmed and declared to have and the rail- been and to be valid and binding in all respects, and the Se^Crowrf '° l^*^® °^ railway and the property, rights, easements and free of all in- privileges granted and secured to Her Majesty, Her heirs cumbrances. successors, by the said indenture, are hereby declared to be vested in Her Majesty, free and clear from all charges, liens or incumbrances (if any) thereon, under or by virtue or in respect of any mortgage, bonds, debentures, preference stocks, or other securities issued by the said Company. 942 1880. Acquisition of part of G. T. R. Chap. 8. SCHEDULE A. THE GRAND TRUNK RAILWAY COMPANY OF CANADA, TO HER MAJESTY QUEEN VICTORIA FOR THE DOMINION OF CANADA. Agreement for Purchase and Surrender of the Riviere du Loup Line. This Indenture, made this seventeenth day of July, in the year of our Lord one thousand eight hundred and seventy- nine: By and between Her Majesty Queen Victoria, represented herein by the Honorable the Minister of Railways and Canals of Canada, and hereinafter called or referred to as " the G-overnment," of the first part, and the Grrand Trunk Rail- way Company of Canada, hereinafter called " the Company," of the second part ; Whereas by an Act of the Parliament of the Dominion of Canada passed in the late session thereof, and entitled, "An Act for the acquisition by the Dominion of a certain portion of the Grand Trunk Railway, to be made part of the Intercolonial Railway," it is provided that the G-overnment may enter into arrangements with the Company for the purchase by the Dominion of that part of the Grand Trunk Railway between Riviere du Loup and Hadlow, with such metes and bounds,^ and such appurtenances (except certain rails then in use thereon) as may be deemed expedient, and for riinning i powers between the Chaudiere Junction and Point Levis, and other obligations and serA^ices by either party to the other on equitable terms, to be agreed upon by the parties, and that Her Majesty may acquire the said property and rights, and the Company may sell and convey the same to Her Majesty for the Dominion of Canada according to such agreement, but that the said Act should not take effect unless and until submitted to a special general meeting of the Com- pany, and accepted by a majority, consisting of two-thirds of the votes of the persons present, or represented by proxy, i entitled to vote. And it is further provided in and by the said Act, that payment of the purchase money (which shall not exceed one million five hundred thousand dollars,) shall only be made to cover expenditure for such purpose in con- [: flection with the Grand Trunk Railway as the Government shall consider conducive to the public advantage, and that interest at six per cent, per annum shall be allowed on any purchase money remaining unpaid for thirty days after the payment of the same has become due under the agreement, 3nd that interest at six per cent, per annum shall be allowed npon the value of such rails not purchased as part of the hne, as may not be taken up and delivered by the Govern- nient to the Company according to agreement, so long as the 943 Chap. 8. Acquisition of part of G. T. R. 43 YiCT. same shall remain upon the line, after the period agreed upon, — the value of such rails to be computed at their then market- able value ; And whereas, afterwards, the said Act was duly submitted to a special general meeting of the said Company, the party thereto of the second part, duly called and held according to the provisions of the statutes in that behalf, and was unani- mously accepted and approved by the votes of the persons present, or represented by proxy, entitled to vote, according to the requirements of the above recited Act ; Now the said parties hereto agree as follows, that is to say: — 1. That they, the Government, do purchase the line of the Crrand Trunk Eailway from its junction with the Intercolo- nial Eailway at Kiviere du Loup, up to, and including, the first bridge east of the Hadlow Cove station grounds, inclu- ding the Western Branch at Ohaudiere Junction ; the switch on this line entering the main track of the G-rand Trunk Rail- way to be under the charge of the said Company. 2. That the transfer shall include all the lands, lands covered with water, ballast pits, roadway with sleepers thereon, all sidings complete (that is in the state they now are,) all track laid with steel rails on the Eiviere du Loup branch, and all the tracks complete as they now esist be; tween the east switch at Chaudiere Junction and the first bridge east of the Hadlow Cove station grounds ; also, station yard, all buildings, sheds and fences ; also the right of the ^Company in the telegraph lines and appliances, all staiionary engines, boilers, machinery, wind-mills, water tanks, water privileges and appliances, — in fact the entire property of the Company on the said section of the road, except the old iron rails and fastenings thereof in the main line track, and bal- last pit sidings between Eiviere du Loup and Chaudiere Junc- tion, and excepting the cord wood, small stores, station furni- ture, section-men's tools, hand-cars and rolling stock ; except- ing also the new sleepers and new fencing materials deliver- ed along the line. 3. That the old iron rails and fastenings thereof, excepted, as above mentioned, from the said purchase and sale, shall be delivered by the Government to the Company on cars (to be furnished by the Company) along the line, as the same are taken up, which cars shall be taken by the Government from Chaudiere Junction and back thereto, and at that place delivered to the Company, free of charge, within eighteen months from the date of transfer of the road ; and that, fail- ing delivery, as aforesaid, within the time above specified, the Company shall be allowed and paid by the Government interest at the rate of six per cent, per annum upon the value of the said materials, at the then marketable value, which value is to be mutually agreed upon, or, in default of agree- ment, settled by arbitration, as hereinafter provided, forsuch length of time as may elapse between the time specified, for 944 ISSO. Acquisition of part of G. T. R. Chap. 8. delivery and the time that the actual delivery takes place ; thelwhole, however, to be delivered by the G-overnment to ,the Company within two years from the date of the transfer ,df the said road. 4. That the Government shall pay to the Company for the said road and property so sold the sum of' one million five hundred thousand dollars, .and that such purchase money *hall be paid in the terms of the Act above in part recited, and the sum so to be paid, or so much thereof as may remain unpaid, shall bear interest a.t the rate of six per cent, per annum from the date of the transfer of the road to the Grovern- ment ; but should the G-overnment at any time notify the Company of their readiness to pay over the said purchase ononey, or any portion thereof, and the Company not be ready to accept the same, and apply it in accordance witli the terms «f the said herein partly-recited Act, then and in that case, the amount unpaid shall be placed in the Bank of Montreal, subject to the order of the Government, but for the purposes •set forth in this agreement, and the Company shall only be entitled to such interest thereon as the Bank may be willing (to allow upon the sum so deposited. 5. That amongst the purposes which the Government con- •fiider will promote the interests of the Dominion, is the lextension, either .by the building or purchase of an indepen- dent line, or by such other arrangements of a ipermanent seharacter with other companies as will secure free access to and from Chicago, in the State of Illinois, for the through traffic of the Company. And the Minister , of Railways and ; TsGanalfi .may, by authority of the Governor in Council, make ladvances to the Company from the sum agreed to be paid for 1 the -said line, at such times, and in such amounts as, in ,his 'Opinion, may be necessary to enable the Company to complete the arrangements contemplated in this section. 6. That the Government will take over the road imme- fdiately upon the same being duly conveyed to the Govern- iment. 7. That the Government will take over, at a fair valuation, >all such hand-cars, section-men's tools, and office furniture, as they jnay require for the working of the road; such valuation .'to be mutually agreed upon, or settled by arbi- tration, as hereinafter provided. 8. That they, the Government, will take over, at actual cost price, the new sleepers and fencing materials, and such of.the ssmall stores as they may consider serviceable. 9. jThatthe Government will indemnify the Company against :payments of all claims for taxes, land, land damages, and such like, springing into existence for the first time after the date of the transfer of the road. The Company to in- »deBinify the Government against payment of all similar claims having an existence before the date of transfer. : 10. That the Company shall have the right, in perpetuity, to run their trains and engines, separately or combined, and 60 J45 Chap. 8. Acquisition of part of G. T. R. 43 Yicr. as frequently and at sucli times as the character and extent of their traffic may require, under the reasonable rules and regulations of the Intercolonial Eailway, and under the direction of the officials in charge thereof, between Chaudiere- Junction and the first bridge east of Hadlow Cove station ground ; and to take up and deliver traffic at all places be- tween these points, to and from their line, all free of charge. 11. That the Company are to be allowed, and they shall have the right under the reasonable rules and regulations of the Intercolonial Eailway, to stable four engines in the Had- low engine house, and to have access for said engines to and from said engine house, all free of charge ; and the Company may require the Intercolonial Railway officials in their shops' ; at Hadlow to make temporary repairs upon such engines,, which repairs shall be done on request, with all reasonable despatch, and for these the Company shall pay the Govern- ment the actual cost thereof, said cost to include a fair pro- portion of the salaries and wages paid to those making such repairs. 12. The Company shall keep their railway between the Chaudiere Junction and Eichmond, in the Province of Quebec, at all times in as good condition as their railway between Eichmond and Portland, and the Grovernment arfr to keep their railway between Chaudiere Junction and Had- low bridge, aforesaid, in like good condition. 13. That the Government shall have the right, in perpe- tuity, and free of charge, to run their trains and engines,, separately or combined, and as frequently and at such times- as the character and extent of their traffic may require, under the reasonable rules and regulations of the Grand Trunk Eailway Company, and under the direction of the officials- thereof, between Hadlow and Point Levis station, to and from places between these points, in the yard at Point Levis, and to and from and beyond that station ; also the right in perpetuity and free of charge "to use the said Point Levis^ station yard, and the tracks, sidings, platforms and appur- tenances thereof; but all shunting and making up of trains, in and about Point Levis station shall be done by the said Company and under the direction of their servants. 14. That should the Government at any time desire to- establish a depot at some point between Hadlow and Point Levis, they shall have the right to connect such tracks as it may be necessary to construct to get to such depot with the track or tracks of the Company anywhere between the places named, but such connection will be made without causing any injury to the Company's property, or any injurious ob- struction to the working of the line of the said Company, and without entailing upon them any expense, either in construction or future working. And it is further agreed that should the Government establish a depot or depots at any such point or points, the Company shall be allowed the use of such depot or depots, and the tracks leading thereto,. -946 1880. Acquisition of part of G. T. R. Chap. 8. on the same terms as the Intercolonial Railway is allowed the use of the tracks and depot of the Company under this agreement. 15. That the Grovernment are to have the right to hare the business of the Intercolonial Railway in freight and passen- gers done in and about the stations, wharves and premises of the Company at Point Levis and Quebec, respectively, including the booking of passengers and way-billing of freight, at such rates as the Superintendent of the Intercolo- nial Railway may, from time to time, supply, and also the use of the ferry arrangements of the Company ; the whole to be done under the charge and supervision of the Company's servants, and the Grovernment shall pay the Company for these services the actual cost thereof to the Company, such cost to include a fair proportion of the salary and wages paid to those performing the services ; also to include a fair proportion of the cost to the Company of cartage, and of the other charges connected with the services in respect of which Intercolonial traffic forms part, including also a fair propor- tion of the rent of premises in Quebec, and the cost of ferriage and of the cost of shunting and making-up of trains, and of the cleaning of carriages, and all other charges proximately incidental to the same, but not to include any proportion of the cost to the Company of insurance, taxes, maintenance, repairs to the tracks, buildings, docks, wharves and other the property and appurtenances of the Company. 16. It is expressly agreed that the Company only under- take to supply accommodation for the business of the Inter- colonial Railway in and upon their premises as they at present exist, and in conjunction with the work of their own traffic, but the business of the one party is not to have pre- cedence over the business of the other. Shoxild, however, the wharves or buildings of the Company, either at Point Levis or Quebec, all or any of them, be at any time destroyed by iire, the Company is not to incur any liability to the G-overnment in respect of accommodation which they may have to secure elsewhere during the reconstrtiction of such wharves or buildings, but such reconstruction shall be pro- ceeded with with all reasonable despatch. 17. That the Grovernment and the Company, respectively, shall furnish the one to the other standing room for cars and Tehicles of all kinds in their sidings at Hadlow and Point Levis respectively, to the extent to which they can do so ^without interruption to their own operations, but all shunt- ing in and about the Hadlow station yard shall be done by the Intercolonial Railway and irnder the direction of the employees thereof, and the Grrand Trunk Company shall pay to the Government for that service the actual cost thereof to the Government, such cost to include a fair proportion of the salaries and wages of those performing the work. 18- That in order to facilitate and to develop the busi- ness of the Intercolonial Railway and the Grand Trunk 60J 94t Chap. 8. Acquisition of pari of G. T. R. 43 ViOT. Railway, every effoii shall be made to cause close and suit- able train connections to be made at Chaudiere Junction, but the trains of neither party shall be unnecessarily de- layed or impeded in ^passing over the railway between Chaudiere Junction and Point L^vis ; and the connecting trains of the Company shall be run with due expedition between the Chaudiere Junction and Montreal. 19. That the Company are to be allowed to remove all their rolling-stock, stationery, books and papers, and are to be given free haulage to Chaudiere Junction of cordwood or property or material of any kind which may not be taken by the Grovernment. This applies to other property than the iron rails and fastenings which the Government are to deliver as above provided at Chaudiere Junction. 20,. That the interchange of the traffic between the Com- pany and the Intercolonial Eailway, which may be made, shall be made at Chaudiere Junction. 21. That through rates and fares shall be agreed upon and made, from time to time, for traffic to and from all points on the Intercolonial Railway, including the Riviere du Lonp Road, and all points on the Company's railway, including all lines leased by them, and such rates and fares shall, as regards traffic to and from all points on the Intercolonial between Moncton and Point Levis, and to and from all points on the G-rand Trunk Railway and leased lines, be divided on the basis of mileage, except where such division w^ouid act -unfairly by reason of the one line of railway having a largely preponderating mileage, in which case the division of rates and fares shall be settled on a fair and equitable basis, by mutual agreement, and, in default of agreement, by arbitration, as hereinafter provided. 22. That in respect of all traffic to or from point;s between Moncton and iSt. John, and Moncton and Halifax, all inclu- sive, and places on the Grand Trunk Railway (and linfis leased by the Company), the proportion of such through rates and fares accruing to the Company shall not be more per ton per mile, and per passenger per mile, than the rates and .fares respectively simultaneously charged by the Company ivii any route) upon the same descriptions or classes of trs^c carried to or from the same places on their lines and St. John and Halifax respectively. In ascertaining such rates of freight, alldrawbacks or deductions of every kind allowed are to be taken off before fixing such rates. 23. That as regards traffic shipped to and from Europe and the British Isles through Halifax or St. John, per Inter- colonial, the rates of the Company for the carriage of such traffic f]om or to Chaudiere Junction shall not be higher,,per passeng3r per mile, or per ton of freight per mile, thaa the amount per passenger per mile, and per ton of freight per mile, charged by the Company on similar classes or descrip- tions of traffic carried by them for others to or from the same places, and intended for or coming from the same places m 948 13^0. Acquisition of part of G. T. R. Ch ap. 8. & Enrope and the British Isles. In ascertaining such rates of freight, all drawbacks or deductions of every kind allowed are to be taken off before fixing said rates. 24. That the rates per passenger and per ton of freight per mile on east-bound traffic are not to govern the rates per passenger and per ton of freight per mile on west-bound traffic, nor the rates between any two or more places the rates between all places to and from which traffic may be carried under the terms of this agreement, but the true intent and meaning of this and the two preceding clauses are that the Company shall not discriminate in the matter of rates against the traffic of the Intercolonial Railway. 25. That the Company shall not be responsible for the acts or defaults of servants of the G-overnment, or for the efficiency or otherwise of the Government's machinery and appliances, and the G-overnment shall not be responsible for the acts or defaults of the servants of the Company or for the efficiency or otherwise of the machinery and appliances of the Company. 26 That the forms of all through bills of lading, also the forms for receipts for goods passing over the whole or parts of the said lines, respectively, shall be such as shall, from time to time, be agreed upon by the officers of the parties hereto ; or in default of agreement, settled by arbitration. 27. That in respect of traffic, whether passengers or freight, of the Intercolonial Eailway, carried across the river by ferry employed to do the business of the Company, the Company shall not incur any liability arising from the dangers of navigation, but will place the traffic of the Intercolonial Railway in every respect on as favorable a footing as their own business, and will be responsible to the G-overnment for the due performance of the obligations and undertakings of the contractor for the ferry service. 28. The Company for, and in consideration of, the said sum of one million and five hundred thousand dollars, to be paid by the Government of Canada to the said Grand Trunk Eailway Company of Canada, their successors and assigns, in the manner and at the times in the above-recited agree- ment mentioned, by these presents do grant, bargain, sell, assign, transfer and surrender to Her Majesty, Her heirs and Itfccessors, for the said the Dominion of Canada, the said portion of the said Company's line of railway extending and as described above, together with all the property, rights, easements and privileges above mentioned, and as herein agreed to be given by the Company to the G-overnment, reserving and stipulating for all the easements and rights in this agreement mentioned as those to be had, held and en- joyed by the Company over and upon, and in connection with the said property so sold and surrendered as aforesaid : fo have and to hold the same unto and to the use of Her said Majesty, Her heirs and successors, for the said Domin- ion of Canada for ever. 949 Chap. 8. Acquisition of part of G. T. R. 43 YiCT. And the Grand Trunk Railway Company of Canada covenant with Her Majesty,, that they have the right to convey the said property and every part thereof above sold and conveyed; That they shall and will at any and at all times hereafter, make, do and execute any and all such further and other deeds, documents and writings whatsoever, which Her Majesty, Her heirs, and successors, may, from time to time, require for the better and further assuring and securing to Her Majesty, Her heirs and successors, the said property so sold, and every part thereof. And it is also declared and agreed that these presents con- tain the agreement between Her Majesty and the said Company, made in pursuance of the said above in part recited Act, and show the terms and conditions of said sale and purchase. 29. That should any difference arise between the Govern- ment and the Company respecting the carrying out of any clause of this agreement, such difference shall, from time to time, as the same may arise, be referred to the award and determination of three arbitrators, one to be nominated by the Government, one by the Company, and the third by the two so nominated : Provided always, that if either party should, for one month after notice from the other that they have nominated an arbitrator, omit or refuse to nominate an arbitrator, or if the two nominated should omit or refuse to nominate the third, then the Chief Justice of the Supreme Court of Canada (or, in his absence, the senior Puisne Judge present in Ottawa) may, on the application of either party, upon notice to the other, nominate the required arbitrator. In case of the death, resignation or refusal to act of any arbitrator, or if for any other cause the office of any arbitra- tor becomes vacant, his successor shall be nominated in the same manner as such arbitrator was nominated, unless the parties otherwise agree ; and in case such successor be not, within one month after the happening of the vacancy, nominated by the party entitled to nominate him, then the said Chief Justice, or, in his absence, the said senior Puisne Judge may, on the application of either party, nominate such successor. The arbitrators shall, within one month after the last appointment, proceed to determine the matters referred, and they, or a majority of them, shall make and publish their award in writing within one month after the closing of the hearing of the arbitration : Provided always, that any of the judges of the Supreme Court of Canada may, on the application of either party, upon notice to the other, either before or after the expiration of such one month, or of any extended time, from time to time, extend the time for making such award. The award of the said arbitrators, or a majority of them, shall be final. 950 1880. Acquisition of part of G. T. R. Chap, 8. 10 30. Nothing herein contained shall, in any way, merge or affect the claim and rights of the Grovernment as they now ■exist against the Company and their property other than that which is the subject matter of this agreement. In witness whereof these presents (in quadruplicate) have been signed by the Honorable the Acting Minister of Eail- ways and Canals, pursuant to Order in Council, and the seal ■of the said Department has been hereto affixed, and the Com- pany have hereto fixed .their corporate seal, and these pre- sents have been signed by the G-eneral Manager, the day and year first above written. In presence of, witness to the execution by the Grand Trunk Eailway Company. {Signed) R. "Wight. Witness to execution by the Acting Minister of Railways j and Canals and by the Act- ing Secretary. (Signed) H. A. Fissiault. (Signed) The Grand Trunk Railway Company of Canada, By J. HICKSON, General Manager. [Seal.] (Signed) J. H. POPE, Acting Minister of Railways and Canals. (Signed) F. H. ENNIS, Acting Secretary. [Seal.] OTTAWA : Printed by Bbown Chambbrlin, Law Printer to the Queen's Moat Excellent Majesty. 951 43 VIC, CHAP. 9. An Act to amend the Act respecting Joint Stock Com- panies to construct works to facilitate the transmis- sion of Timber down Rivers and Streams. [Assented to 29th April, 1880:] Preamble. TTTHEREAS it Is expedient to amend, the Act being, chap» C.S.C., c. 68. TT ter sixty-eight of the Consolidated Statutes of the late Province of Canada, intituled, "An Act respecting Joint Stock Companies to construct works to facilitate the transmission of Timber down Rivers and Streams: " Therefore Her Majesty,, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Seciion 69 re- !• Section fifty-nine of the said Act is hereby repealed pealed; new ^nd the following substituted therefor : — Proportion- " ^*** ^^^ *°^^® *° ^® Collected upon different kinds of ate rates of timber shall bear to each other the following proportions, viz. : Red and White Pine, Tamarac, Spruce and Hem- lock, square per piece 1 ct. Oak, Elm and other hard wood, square or flatted " H " Spars " 3 " ]y[asts " 5 " Saw-logs', ii fraud under .^.'!^ " i "^ Red and White Pine, Tamarac, Spruce, and Hemlock, round or flatted, over lY ft., and under 25 ft. long " i "■ do do 25 to 35 ft long.... " ^^ " do do 35 ft and upwards in length " f " Sawed lumber, per 1,000 ft. board measure 3 " Staves, per 1,000 15 " Firewood, shingle and other lumber, per cord.... 2 " toll. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 952 43 VIC, CHAP. 15. An AiCt to confirm a certain Order of the Governor in Council respecting the Graving Dock at Esquimalt. [Assented to ^th May, 1880.] "CTTHEREAS by the twelfth section of the terms of Union Preamble. Vt between the Dominion and the Province of British Terms of Columbia, it was agreed that the Dominion Government BrJ^ji^'*^ should guarantee the interest for ten years from the date of Columbia the completion of the works at the rate of five per centum ''''*^' per annum on such sum not exceeding one hundred thou- sand pounds sterling, as might be required for the construc- tion of a first-class graving dock at Esquimalt ; and by an Act Advances passed in the the thirty- seventh year of Her Majesty's reign, ™* ^' chaptered seventeen, advances were authorized to be made by the Grovernor General in Council to the Province of Brit- ish Columbia out of the Consolidated Kevenue Fund, for the construction of such graving dock, upon certificates of the progress of the work, to an extent not to exceed in the whole the sum of two hundred and fifty thousand dollars, in lieu of the aforesaid guarantee of interest ; and whereas an Order in Order of His Excellency the Governor General in Council was ^unXd on. passed on the thirteenth of November, one thousand eight hundred and seventy-nine, defining the conditions upon which the aforesaid advances shoiild be made, but was not acted upon ; and on the twelfth of February, one thousand eight hundred and eighty, an order of His Excellency the G-overnor General in Council was passed on a report of the Minister of Finance, dated on the eleventh of February, one Report of thousand eight hundred and eighty, of which Order and Finance in report copies are contained in the schedule hereunto February, attached, and it is expedient that the same be formally ap- proved and confirmed by Parliament : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — ^' The Order in Council mentioned in the preamble, and Order in the report of the Minister of Finance therein referred to and co°nfimca. approved, and the provisions and conditions respecting the construction of the said graving dock at Esquimalt, set lorth in the said report, are hereby declared to be approved, sanctioned and confirmed by the Parliament of Canada. 953 Ch.ap. 15. Esquimau Graving Dock. 43 ViCT. SCHEDULE. COPY OF A KEPOBT OP A COMMITTEE OF THE HONORABLE THE PRIVY COUNCIL, APPBOVED BY HIS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL, ON THE 12tH FEBRU- ARY, 1880. On a report, dated 11th February, 1880, from the Honor- able the Minister of Finance, stating that he has had under consideration despatches received from the Lieutenant G-overnor of British Columbia, on the subject of the ad- vances proposed to be made by the Dominion Grovernment for the construction of a graving dock at Esquimalt, and that in order to arrive at a settlement of the question, he has had several interviews with the Honorable the Attorney Greneral of the Province, who has been deputed to confer with the Dominion Grovernment in connection with the same subject. The Minister states that he has given the subject his most careful consideration, and that, in his opinion, it is desirable to modify the Order in Council of the thirteenth November last, and to substitute one in accordance with certain provisions and conditions set forth in his report, hereto attached ; The Committee recommend that said report be approved and acted on, and that copies of this minute be transmitted to the Right Honorable the Secretary of State for the Colo- nies and to the Lieutenant Grovernor of British Columbia. Certified. J. 0, COTfi, Clerk, Privy Council. The undersigned has the honor to report that he has had under consideration despatches received from the Lieuten- ant Grovernor of British Columbia, on the subject of advances proposed to be made by the Dominion Grovern- ment for the construction of a graving dock at Esquimalt, and that in order to arrive at a settlement of the question, he has had several interviews with the Honorable the Attorney Greneral of the Province, who has been deputed to confer with the Dominion Government in connection with the same subject. The undersigned has given the subject his most careful consideration, and now begs leave to state that, in his opinion, it is desirable to modify the Order in Council of the thirteenth November last, and to substitute one in accordance with the following provisions and conditions : — Firstly. The Honorable Attorney Greneral having stated "that the plans and specifications of the dock prepared by Messrs. Kinnipple and Morris, of London, England, have been left for inspection with the Department of Public Works, and are those upon which tenders have been y54 1880. Esquimau Graving Dock. Chap. 15. invited, the undersigned recommends that advances be made to the Province as the vpork progresses, to an extent not to exceed in the whole the sum of tvro hundred and fifty thousand dollars, — such advances not to include the value of any material or plant already obtained by the Provincial G-overnment for the purposes of the graving dock. Secondly. That such advances be made on the certificate of the engineer of the Provincial G-overnment, countersigned by the agent of the Dominion G-overnment in British Columbia. Thirdly. That in case the G-overnment of British Columbia should fail, from any cause, to proceed actively with the construction of the work for a period of three months after the receipt of a written request from the Dominion G-overn- ment to prosecute the same, then that the latter shall have the right to enter upon and take possession of the works and premises, and complete the same. Fourthly. That in case of such entry, the Canadian G-ov- ernment shall be entitled to claim and receive from the Imperial G-overnment the promised grant in aid of fifty thousand pounds sterling, or any increase of such grant. It is understood that if any balance of such grant in aid should remain unexpended after defraying the outlay made by the Dominion G-OA'-ernment in consequence of the failure, as aforesaid, of the Province, such balance shall be paid to the said Province, while, on the other hand, if the said grant in aid should prove insufficient to complete the works, the amount of the deficiency shall be placed to the debit of the debt account of the Province. It is further understood that the right of property in the dock shall, subject to the tem- porary right of possession, as before mentioned, remain in the G-overnment of British Columbia. Fifthly. That the Imperial G-overnment shall be made a party to this arrangement, and its approval obtained. Sixthly. That the sanction of the Legislature of British Columbia be also obtained to this agreement. Seventhly. That, subject to the foregoing conditions, the advances so made of two hundred and fifty thousand dollars shall not bear interest, and shall be considered as a grant of money in lieu of the twelfth article of the terms of Union between Canada and British Columbia. All which is respectfully submitted. (Signed,) S. L. TILLEY, Minister of Finance. FiNAa'CE Department, February 11th, 1880. OTTAWA ; Printed by Brown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 955 43 VIC, CHAP. 16. An Act to ratify and confirm a certain agrefement tHereia mentioned between the Government of Canada and the Canada Central Railway Company. Preamble. Order in Council, ISth April, 1878, under 37 V., c. 14. Eeeolution of House of Commons. Effect of Order recited. Election of option by company. And agree- ment with Her llajesty. The agree- ment. [Assented to llh May,, 1880.] WHEKEAS by an Order of His Excellency the Governor Greneralin Council, dated the eighteenth day of April, one thousand eight hundred and seventy-eight, passed' under the authority of the Act thirty-seventh Victoria (1874), chapter fourteen, intituled, '^An Actio provide for the construc- tion of the Canadian Pacific Railway" and ratified by a reso- lution of the House of Commons of Canada on the seventh day of May, one thousand eight hnndred and seventy-eight, it is in eifect provided, — that the Canada Central Railway Company are to be entitled to receive from the Government" of Canada a subsidy or bonus of twelve thousand dollars per mile, upon the extension of their liile westward to such point as may be selected by the GovernmiEait as the tei^minus of the Canadian Pacific liailway, near Lake Nipissing,^ such subsidy to be payable upon the terms and in the man- ner set out in such Order in Council ; and by such Order it is further provided that the Company are to have the option of substituting the payment by the U ovemment of the in- terest, or part of the interest, on bonds of the Company run- ning over such terms of years as might be approved by the' Governor in Council in lieu of the mileage subsidy referred- to : And whereas the Company elected to avail themselves of this option, and the Government assumed the payment of the interest (but only until the maturity of the principal), on an issue of bonds made by the Company, amounting in all to five hundred thousand pounds sterling, payable in twenty years from the first day of September, in the year of our Lord one thousand eight hundred and seventy-nine, with interest half-yearly at the rate of five per cent, per annum : And whereas the Company, upon the Government so assuming the payment of such interest, entered into the following agreement with Her Majjesty, that is to say: — "This Indenture, made the third day of October, in the year of our Lord one thousand eight hundred and seventy- nine, between the Canada Central Railway Company, here- 956 1880. Canada Central Railway Co. Chap. 16. inafter called " the Company," of the first part, and Her Majesty the Queen, represented herein by the Honorable the Minister of Finance of Canada, of the second part : — " Whereas by an Order of His Excellency the G-overnor General of Canada in Council, dated eighteenth of April, one thousand eight hundred and seventy-eight, passed under the authority of the Act thirty-seven Victoria (eighteen hundred and seventy-four), chapter fourteen, intituled, " An Act to provide for the construction of the Canadian Pacific Railway" and ratified by a resolution of the House of Commons of Canada, on the seventh day of May, one thousand eight hundred and seventy-eight, it is in effect provided, that the Company are to be entitled to receive from the Grovernment of Canada the subsidy or bonus of twelve thousand dollars per mile, upon the extension of their line westward, to such point as may be selected by the Grovernment as the terminus of the Canadian Pacific Railway near Lake Nipissing, such . subsidy to be payable upon the terms and in the manner set out in such Order in Council ; and by such Order it is further provided that the Company are to have the option of substituting the payment by the Grovernment of the interest, or part of the interest, on bonds of the Company running over such terms of years as might be approved by the Grovernor in Council, in lieu of the mileage subsidy referred to : "And whereas the Company have elected to avail them- selves of such option, and the Government have agreed to assume the payment of the interest (but only until the ■maturity of the principal), on an issue of bonds made by the ^Company amounting in all to five hundred thousand pounds . sterling, or thereabouts, payable in twenty years, upon the -condition, among other things, that the sum of one million five hundred and twenty-seven thousand and eighty-five dollars and fifty cents in cash be deposited by the Company with the Grovernment, to be held as security for the due completion of their line, subject to the terms hereinafter •contained ; and also upon the conditions that the Company comply with the terms and conditions of the said Order in Council of the eighteenth April, one thousand eight hundred and seventy-eight, and enter into the other agreements in these presents : — "Wow this Indenture witnesseth that the Company cove- nant and agree with Her Majesty, Her successors and assigns, that they will grant running powers, on terms to be approved by the Grovernor G-eneral in Council, to the Quebec, Montreal, Ottawa and Occidental Railway, or any railway in extension thereof, from any point of intersection west of the town of Renfrew that may be approved of by the Governor General in Council, and also to the Kingston and Pembroke Railway Company, from the point of intersection of their line, pro- Tided such point of intersection is at or west of Renfrew, and to such other companies as may have the termini of 957 Chap. 16. Canada Central Raihvay Co. 43 Vict. their systems on or towards Lake Huron, and which may be designated by the Grovernor G-eneral in Council as entitled to such running powers : " Provided, that the terms of such running powers to any of the said Companies or roads may be mutually agreed upon by the Canada Central Eailway Company and the Quebec GoTernment and the other Companies named, and in the event of disagreement, the conditions to be settled by arbitration, one arbitrator to be selected by each party, and one by the Grovernor in Council : " And that the G-overnment of Canada or the lessees or the future owners of the Government line westward of the western terminus of the subsidized line, shall possess run- ning powers on the said Company's railway, on similar terms to the Companies or roads above designated : " And the Company further covenant and agree with Her Majesty, Her successors and assigns, that the said sum of one million five hundred and twenty-seven thousand and eighty-five dollars and fifty cents deposited with the Grov- ernment, is to be held as security for the due completion of the said extension of the Company's line, such sum to be returned to the Company from time to time upon similar terms, and in similar ways to those which are provided in the said Order in Council of the eighteenth April, one thou- sand eight hundred and seventy-eight, with respect to the payment of the cash mileage bonus, or subsidy, under the first alternative of such Order ; but if default be made in the completion of the said extension, in accordance with the tejms of the contract or contracts under which the same is now being built, such sum, or any balance which may re- main, to be retained by the Government and used for the purpose of recouping the Government for any moneys which they may be liable to pay for interest accruing upon the said bonds, after the happening of such default, over and above the amount which the Company would have been then entitled to receive, had they availed themselves of the first alternative of the Order in Council of the eighteenth April, one thousand eight hundred and seventy-eight : " And the Company further covenant and agree with Her Majesty, Her successors and assigns, that they will, from time to time, as the interest upon the said bonds matures, pay to the bankers, brokers or other persons who may be employed in connection with the payment of such interest, all commissions, costs, charges and expenses connected there- with ; and it is hereby declared that the amount required to remit the said half-yearly coupons for twenty years has been computed at the par of exchange, which rate has been agreed upon as the rate governing all transactions in con- nection herewith ; also, that they will, from time to time, indemnify and save harmless Her Majesty and the Govern- ment of Canada from all losses (if any) which may arise, or be caused by, or by reason of the bankruptcy, dishonesty, 958 1830. Canada Central Railway Co. Chap. 16. ^: misfeasance or malfeasance of those to whom the money to meet snch interest may be entrusted, or of their clerks, ser- vants or agents, or by reason of any felony or misdemeanor, or of any accident in respect of such money after the same may have been placed in the hands of those employed to pay such interest, or by reason of any other cause vv'hatever after the money to meet such interest may have been placed in the hands of those employed to pay the same : " In witness whereof the Company have caused their corporate seal to be hereto affixed, and these presents to be countersigned by their president and Secretary, and the Minister of Finance has hereto set his hand and seal, the day and year first above written (in triplicate), (Signed) S. L. Tilley, [Seal.] Minister o^ Finance of Canada. Signed, sealed and delivered in presence of (Signed) Z. A. Lash, Deputy Minister of Justice, as to execution by Miniiler of Finance. (Countersigned) John G-. Richardson, [Seal.] President C. C. Railway Company. (Countersigned) Archer Baker, [Seal.] Secretary C C. Railway Company. " And countersigned, sealed, delivered and executed by John Grrahame Richardson, the president, and Archer Baker, the secretary of the Canada Central Railway Company, on behalf of the said Company, and with its corporate seal, in the presence of (Signed) C. F. Fraser." And whereas the total interest on the said issue of bonds Recital, so assumed by the Grovernment, slightly exceeds the amount of interest which can be provided for out of the said cash subsidy of twelve thousand dollars per mile ; and it is expedient to ratify and confirm the assumption by the Government of the payment of the said interest, and to carry out the arrangement contemplated by the parties : — Therefore Her Majesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows :'■ — !• If or so soon as the company have returned to the Agreement G-overnment the sums received by them in cash, prior to g°b^™to' the date of the indenture above set out, on account of the certain bonus or subsidy above mentioned ; and— conditions. 2. Have deposited with the Government to be held as security for the due completion of their line, subject to the terms of the said indenture, a sum equal to the amount which remained unpaid of the said loans or svibsidy on the date of the said indenture ; and — 959 Chap. 16. Canada Central Railway Co. 43 Vict. How certain sums shall be paid, dealt with and credited. 3. Have deposited with the Qovornment a sum sufficient to provide for the payment of so much of the interest on the said bonds as exceeds the amount of such interest which can be provided for out of the said cash bonus or subsidy of twelve thousand dollars per mile ; then the assumption by the Grovernment of the payment of the said interest is ap- proved and confirmed. 2' The sum firstly mentioned in the preceding section shall be returned to the Consolidated Revenue Eund of Canada and credited to the account out of which it was origi- nally paid ; the sum gecondly mentioned in the said section shall be held as security and dealt with according to the term of the indenture above set out, and the sum thirdly mentioned in the said section shall be paid into the Con- solidated Revenue Fund of Canada and credited to the account out of which the moneys to meet the interest on the said bonds is to be taken. Payment of 3. The interest on the said bonds, as the same matures, i)(mds*of°^ may be paid out of any unappropriated moneys forming company. part of the Consolidated Revenue Fund of Canada and charged to the Canadian Pacific Railway capital account. OTTAWA : Printed by Beown Ohambeblin, Law Printer to the Queen's Boat Excellent Majesty. 960 43 VIC, CHAP. 17. An Act to authorize the raising of a further sum to enable the Quebec Harbor Commissioners to complete their Tidal Dock. [Assented to ^th May, 1880.] TTER Majesty, by and with the advice and consent of the Preamble. -*-■- Senate and House of Commons of Canada, enacts as follows : — 1 • In addition to the sum anthorized by the Act passed a further in the thirty-sixth year of Her Majesty's reign, chaptered |"™Q°o^g|j ^^ sixty-two, and intituled, "An Actfurtlif-r to amend the Acts to be raised by provide for the management and improvement of the Harbor o/" Governor m Quebec." to be raised in the manner therein mentioned, for addition to the relief of the Quebec Harbor Commissioners and the tbat raised improvement of the said harbor, it shall be lawful for the "."^e" ' Governor in Council to raise, by the issue of debentures bearing interest payable half-yearly at a rate not exceeding five per cent, per annum, a ftirther sum of two hundred and fifty thousand dollars. 2* The sum so raised may be advanced from time to time And ad- to the said Commissioners to enable them to complete their ^aiced for ^ tidal dock, now under contract in the said harbor, accord- tidal dock at ing to the plan approved by the Minister of Public "Works, Quebec, in November, one thousand eight hundred and seventy-fire. 3. The repayment by the Commissioners of the sums so Repayment advanced shall be provided for in the manner prescribed by ^7 commis- the Act above cited for the repayment of the sums advanced sums ad- to the Commissioners under it, and subject to the provisions ^anced. of the said Act in that behalf OTTAWA : Printed by Bkown Chambeblin, Law Printer to the Queen's Most Exoellent Majesty. 61 961 43 VIC, CHAP. 31. Ad Act to amend the Acts respecting the Trinity House and Harbor Commissioners of Montreal. [Assented to 1th May, 1880.] Preamble. TTTHEREAS it is expedient to make further provision* in VV respect of the powers of the Harbor Commissioners of Montreal, as the Pilotage Authority of the Pilotage Dis- trict of Montreal : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Quoram 1. The quorum of the Harbor Commissioners of Montreal, le uce . -when sitting in their capacity of Pilotage Authority is hereby reduced to three of the said Commissioners. OTTAWA : Printed by Beown Ohameebmn, Law Printer to the Queen's Most Excellent Majesty. 962 43 VIC, CHAP. 32. An Act to enable the Harbor Commissioners of Montreal to pay a life annuity to tlie Widow of tbe late Hon- orable John Young. [Assented to 1th May, 1880.] WHEREAS in consideration of the services of the late Preamble. Honorable John Young, as chairman and member of the Corporation of the Harbor Commissioners of Montreal, for a period of nearly twelve years, in the course of which improvements in the navigation of the Eiver St. Lawrence of the greatest importance to the commerce of the Dominion were effected under his superintendence and by his un- wearied exertions, made gratuitously during more than nine years, it is expedient to give effect to the unanimous wish expressed by the present Commissioners to mark their high esteem of Mr. Young's worth and services in the manner kereinafter provided : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — !• The Harbor Commissioners of Montreal shall pay out Annuity to of the funds of the corporation to Mrs. Young, widow of the to'^te^aW out said late Honorable John Young, during her life, an annu- of Harbor ity equal to the yearly interest at six per cent, per annum of ^°'"^^' *"• the sum of ten thousand dollars, to be reckoned and paid as from the time of Mr. Young's decease, the arrears thereof being payable on and up to the first day of July next, and tlie annuity to be paid thereafter by quarterly payments of one hundred and fifty dollars each, on the first day of October, January, April and July in each year. 2' The due application of moneys paid by the said Com- Accounting missioners under this Act, shall be accounted for in the ''^*'^^^' manner provided by law with respect to other moneys ex- pended by them. oTTaWA i Punted by Bbown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 6U 963 43 VIC, CHAP. 33. An Act further to amend "An Act respecting the Harbor of Pictou, in Nova Scotia." Preamble. 36 v., c. 61 [Assented to *Jth May, 1880.] IN further amendment of the Act passed in the thirty- sixth year of Her Majesty's reign, and intituled, "ilm Act respecting the Harbor of Pictou, in Nova Scotia " : Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Section 3 repealed. Haibor com- missioners to appoint the Harbor Master. ProTiso: as to present incumbent. !• Upon, from and after the first day of July next after the passing of this Act, the third section of the said Act shall be repealed, and on or after the said day the Com- missioners, appointed under the second section of the said Act to have the superintendence of the harbor and har- bor master of the said port, may, from time to time, ap- point a fit and proper person to be harbor master of the said port of Pictou under the said Act, — all the provisions of which respecting the harbor master shall apply to the harbor master so appointed : Provided, that the harbor master appointed under the repealed section shall continue to hold office, unless removed by the Commissioners, as he may be if they see fit. OTTAWA . Printed by Beown Ohambeelin, Law Printer to the Queen's Yo3t Excellent Majesty. 43 VIC, CHAP. 43, An Act for the relief of Permanent Building Societies and Loan Companies. [Assented to Hth May, 1880.] WHEREAS, acting under the authority of the Act passed Preamble, in the thirty-scA'^enth year of Her Majesty's reign, 37 v., c. 50. chapter fifty, intituled, ^'An Act to make further provision for the management of Permanent Building Societies carrying on business in the Province of Ontario," the Minister of Finance has, from time to time, furnished to building, loan or saAdngs societies or companies in Ontario, on their application, printed forms purporting to be forms of statement in accord- ance with the provisions of the said Act in that behalf; and whereas, on account of some difference in the language used in the said forms as compared with the language of the said Act, and by reason of affidavits not having been made verifying such statements, doubts have arisen as to ,twhether returns made upon the said forms are a compliance with the said Act, and it is desirable to remove such doubts and to relieve societies whose ofiicers have made their returns upon the said forms from being harassed by suits for penal- ties under the said Act, and also to further amend the said Act above cited : Therefore Her Majesty, by and with the . advice and consent of the Senate and House of Commons of Canada, enacts as follows : — !• Every statement transmitted to the Minister of Finance, Certain state- at any time previous to the passing of this Act, by any mitted to Min- hnilding, loan or savings society or company incorporated ister of Fin- under chapter fifty-three of the Consolidated Statutes of deemed suifi- Upper Canada, or any Act thereby consolidated, or otherwise cient under incorporated, which statement purports to have been filled v.%o! m ^ up according to the said printed forms, or otherwise in amended by substantial compliance with the provisions hereinafter men *° ^'' '^'^^' tioned, whether the same has or has not been attested by oath or affirmation, shall be deemed and taken to be, and to have been, a sufiicient statement, and in compliance in all respects with the provisions of the nineteenth section of the Wd Act, intituled, "An Act to make further provision for the ''K^Mgement of Permanent Building Societies carrying on miness in the Province of Ontario," or of the said section *s amended by the third section of the Act passed in the 965 Chap. 43. Buildins: Societies^ Ontario. 43 Vict. Societies which trans- mitted them indemnified. fortieth year of Her Majesty's reign, chapter forty-nine, as the case may be, and to have been properly made, filled up and attested according to the provisions of the said Acts, whether such statements were attested or not, or whether or not the said statement or the affidavit verifying the same was transmitted in due time to the said Fin ance Minister ; and every society or company incorporated as aforesaid, the officers of which shall have transmitted such statement, shall be and is hereby indemnified, exonerated, freed and discharged of and from all pecuniary penalties and for- feitures whatsoever, if any, which may have been incurred by such company or society by reason of its having neg- lected to transmit any other, or further, or difierently attested statement, or to perform the obligations imposed on it by the said Acts or any of them in- that behalf As to actions for penalties commenced after or before the passing of this Act. 2. Stay of pro- ceedings in suits com- menced. ESect onsnch actions of subsequent receipt by the Minister of a sufiBcient statement. Exception. In case any action, suit or proceedings shall, after the passing of this Act, be brought, carried on or prosecuted against any society or company for or on account of any pecuniary penalty or forfeiture whatever incurred or to be incurred by any such neglect, as is intended to be relieved against by this Act, such society or company may plead the general issue, and upon their defence give this Act and the special matter in evidence upon any trial to be had there- upon ; and in any action or suit commenced before the passing of this Act or now pending against any society or company for or on account of any such neglect, the court or judge thereof shall, on the application of the defendant, order all proceedings in such action or suit to be stayed on payment of the costs thereof to the plaintiff therein, but in default of such application the plaintiff may prosecute such action or suit to judgment. 3. No action brought after the passing of this Act againsf any society or company incorporated as aforesaid for any past or future failure to comply with the provisions of the said Act, or of the said Act as amended as aforesaid, as the case may be, shall be maintained, if such action was or is commenced at any time subsequent to the receipt by the Minister of Finance of the statement required by the said Act, or of the statement, whether attested as aforesaid or not, declared valid by this Act, unless such action is brought by the Crown or by the Minister of Justice suing on behalf of the Crown. Statementuot 4. The provisions of the said nineteenth section of the caae^ociety ^^^^ ^^^ intituled, '-An Act to make further provision for the hag ceased to management of Permanent Building Societies carrying on do business or business in the Province of Ontario" shall not, nor shall those oi the said section as amended as aforesaid, be neia to apply, or to have applied, to any society or company which has ceased or shall have ceased to carry on business prior 966 has never done any 1880. Building Societies, Ontario. Chap. 43. 3 iio the year for which the return is or was required, nor to any society or company which though incorporated, never earned on business ; and upon its being proved that any Proof of hav- societv or company incorporated as aforesaid did not lend i°g forever efficiently maintain, work and run the Canadian raUwayfor Pacific Eailway. e^er. 8. Upon the reception from the Grovernment of the Company to possession of each of the respective portions of the Canadian tions" Sana- Pacific Railway, the Company shall equip the same in con- ferred to formity with the standard herein established for the equip- * ment of the sections hereby contracted for, and shall there- after maintain and efficiently operate the same. 9. In consideration of the premises, the Grovernment agree Subsidy in to grant to the Company a subsidy in money of $25,000,000, Snd^^'^* and in land of 25,000,000 acres, for which subsidies the con- struction of the Canadian Pacific Railway shall be complet- ed and the same shall be equipped, maintained and operated, — the said subsidies respectively to be paid and granted as the work of construction shall proceed, in manner and upon the conditions following, that is to say : — [a.) The said subsidy in money is hereby divided and Apportion- appropriated as follows, namely : money. CENTRAL SECTION. Assumed at 1,350 miles — 1st.— 900 miles, at$lO,000 per mile ^ 9,000,000 2iid.-450 '' " 13,333 " '■ 6,000,000 Si5, 000,000 EASTEEN SECTION. Assumed at 650 miles, subsidy equal to $15,36461 per mile 10,000,000 125,000,000 And the said subsidy in land is hereby divided and appro- And of land, priated as follows, subject to the reserve hereinafter pro- Tided for : — CENTRAL SECTION. Ist.— 900 miles at 12,500 acres per mile 11,250.000 Jnd.— 450 " "16,6o6.66" •' " 7,500,000 . 18,750,000 EASTERN SECTION. Assumed at 650 miles, subsidy equal to 9,615 35 acres per mile 6,250,000 25,000,000 (6.) Upon the construction of any portion of the railway When to be hereby contracted for, not less than 20 miles in length, P^^nted. and the completion thereof so as to admit of the running of ; regular trains thereon together with such equipment thereof 9*75 Chap. 1. Canadian Pacific Railway. 44 Vict. Option of company 1o take termi- nable bonds. Provision as to materials for construc- tion delivered by company in advance. ' Option of the company dur- ing a certain time to sub- stitute pay- ment of in- terest on cer- tain bonds in- stead of issu- ing land grant bonds. Deposit of proceeds of sale of such bonds. Payments to company out of such de- posits. as shall be required for the traffic thereon, the G-overnment shall pay and grant to the Company the money and land subsidies applicable thereto, -according to the division and appropriation thereof made as hereinbefore provided ; the Company having the option of receiving in lieu of cash, terminable bonds of the Grovernment, bearing such rate of interest, for such period and nominal amount as may be arranged, and w^hich may be equivalent according to actuarial calculation to the corresponding cash payment, — the G-overnment allowing four per cent, interest on moneys deposited with them ; (c.) If at any time the Company shall cause to be delivered on or near the line of the said railway, at a place satisfac- tory to the G-overnment, steel rails and fastenings to be used in the construction of the railway, but in advance of the requirements for such construction, the Government, on the requisition of the Company, shall, upon such terms and conditions as shall be determined by the Government, advance thereon three-fourths of the value thereof at the place of delivery. And a proportion of the amount so advanced shall be deducted, according to such terms and conditions, from the subsidy to be thereafter paid, upon the settlement for each section of 20 miles of railway, — which proportion shall correspond with the proportion of such rails and fastenings which have been used in the construction of such sections ; [d) . Until the first day of January, 1882, the Company shall have the option, instead of issuing land grant bonds as here- inafter provided, of substituting the payment by the Govern- ment of the interest (or part of the interest) on bonds of the Company mortgaging the railway and the lands to be granted by the Government, running over such term of years as may be approved by the Governor in Council, in lieu of the cash subsidy hereby agreed, to be granted to the Company or any part thereof — such payments of interest to be eqrdvalent according to actuarial calculation to the corresponding cash payment, the G-overnment allowing four per cent, interest on moneys deposited with them ; and the coupons repre- senting the interest on such bonds shall be guaranteed by the Government to the extent of such equivalent. And the proceeds of the sale of such bonds to the extent of not more than $25,000,000, shall be deposited with the Government, and the balance of such proceeds shall be placed elsewhere by the Company, to the satisfaction and under the exclusive control of the G-overnment; failing which last condition the bonds in excess of those sold shall remain in the hands of the G-overnment. And from time to time as the work proceeds, the Government shall pay over to the Company : firstly, out of the amount so to be placed by the Com- pany, — and, after the expenditure of that amount, out of the amount deposited with the G-overnment, — sums of money bearing the same proportion to the mileage cash subsidy 976 1881. Canadian Pacific Railway. Chap. 1. 8 hereby agreed upon, wMch the net proceeds of such sale (if the whole of stich bonds are sold upon the issue thereof, or, if such bonds be not all then sold, the net proceeds of the issue, calculated at the rate at which the sale of part of them shall have been made), shall bear to the sum of $25,000,000. But if only a portion of the bond issue be sold, Payment by the amount earned by the Comx^any according to the pro- tonda!^^ " portion aforesaid shall be paid to the Company, partly out «f the bonds in the hands of the Glovernmeut, and partly out of the cash deposited with the Government, in similar proportions to the amount of such bonds sold and remain- ing unsold respectively ; and the Company shall receive the bonds so paid, as cash, at the rate at which the said partial sale thereof shall have been made. And theGrovern- sinking fund. ment will receive and hold such sum of money towards the creation of a sinking fund for the redemption of such bonds, and upon such terms and conditions as shall be agreed upon between the Grovernment and the Company. (e.) If the Company avail themselves ofthe option granted Alteration in hy clause [d], the sum of $2,000 per mile for the first eight STof"" hundred miles of the central section shall be deducted pro money grant rata from the amount payable to the Company in respect of '° ^'"^'^ '^^^®" the said eight hundred miles, and shall be appropriated to increase the mileage cash subsidy appropriated to the re- mainder of the said central section, 10. In further consideration of the premises, the Govern- Grant of land ment shall also grant to the Company the lands required for ^^^^^^ p„j. the road bed of the railway, and for its stations, station poses. .grounds, workshops, dock ground and water frontage at the termini on navigable waters, buildings, yards and other appurtenances required for the convenient and effectual construction and working of the railway, in so far as such land shall be vested in the Government. And the Govern- Admission of ment shall also permit the admission free of duty, of all teriais'tree'of steel rails, fish plates and other fastenings, spikes, bolts and duty, nuts, wire, timber and all material for bridges, to be ■used in the original construction of the railway, and of a telegraph line in connection therewith, and all telegraphic apparatus required for the first equipment of such telegraph line; and will convey to the Company, at cost price, wiih Sale cfcer- interest, all rails and fastenings bought in or since the year to'com^iny^^ 1879, and other materials for construction in the possession by GoTern- of or purchased by the Government, at a valuation, — such '°^'^'- lails, fastenings and materials not being required by it for the construction of the said Lake Superior and Western sections. 11. The grant of land hereby agreed to be made to the Provision Company, shall be so made in alternate sections of 640 acres ian^^g'l^ft each, extending back 24 miles deep, on each side of the rail- "Way, fi'om Winnipeg to Jasper House, in so far as such •lands shall be vested in the Government, — the Company leceiving the sections bearing uneven numbers. But 62 Q77 Chap. 1. Canadian Pacific Raihoay. 44 Vict, Case of defi- ciency oi land on li ae of railway pro- vidsrcl to . Selection by Company in such case, with cousent of Govern- ment. As to Indian title. Location of railway be- tween cer- tain terminal points, Power to con- struct branch- es. Lands neces- sary for the same. Restriction as to competing lines for a should any of such sections consist in a material degree of land not fairly fit for settlement, the Company shall not be obliged to receive them as part of such grant ; and the de- ficiency thereby caused and any further deficiency which may arise from the insufiicient quantity of land along the said portion of railway, to complete the said 2.5,000,000 acres, or from the prevalence of lakes and water stretches in the sections granted (which lakes and water stretches shall not be computed in the acreage of such sections), shall be made up from other portions in the tract known as the fertile belt, that is to say, the land lying between parallels 49 and ST degrees of north latitude, or elsewhere at the option of the Company, by the grant therein of similar alternate sections extending back 2-1: miles deep on each side of any branch line or lines of railway to be located by the Company, and to be shown on a map or plan thereof deposited with the Minister of Railways ; or of any com- mon front line or lines agreed upon between the Govern- ment and the Company, — the conditions hereinbefore stated as to lands not fairly fit for settlement to be applicable to- such additional grants. And the Company may with the consent of the Grovernment, select in the North- West Terri- tories any tract or tracts of land not taken up as a means of supplying or partially supplying such deficiency. But such grants shall be made only from lauds remaining vested in the Grovernment. 12. The Government shall extinguish the Indian title afiecting the lands herein appropriated, and to be hereafter granted in aid of the railway. 13. The Company shall have the right, subject to the approval of the Governor in Council, to lay out and locate the line of the railway hereby contracted for, as they may see fit, preserving the following terminal points, namely : from Callander Station to the point of junction with the Lake Superior section ; and from Selkirk to the junction with the western section at Kamloops by way of the Tel- low Head Pass. 14. The Company shall have the right, from time to time, to lay out, construct, equip, maintain and work branch lines of railway from any point or points along their main line of railway, to any point or points within the territory of the Dominion : i'rovided always, that before commencing any branch they shall first deposit a map and plan of such branch in the Department of Railways. And the Govern- ment shall grant to the Company the lands required for the road bed of such branches, and for the stations, station grounds, buildings, workshops, yards and other appurten- ances requisite for the efficient construction and working of such branches, in so far as such lands are vested, in the Government. 1ft. For twont}' years from the date hereof, no line of rail- way shall be authorized by the Dominion Parliament tobe 978 1881. Canadian Pacific Railway. Chap. 1. 10 constructed south of the Canadian Pacific Railway, from limited any point at or near the Canadian Pacific Eailway, except P^''^"'^- such line as shall run south -west or to the westward of south west ; nor to within fifteen miles of latitude 49. And in the establishment of any new Province in the North- West Territories, provision shall be made for continuing such prohibition after such establishment until the expira- tion of the said period. 16. The Canadian J^acific Eailway and all stations and Exemption station grounds, work-shops, buildings, yards and other [™™ *^^*Ter- property, rolling stock and appurtenances required and ritones. used for the construction and working thereof, and the cap- ital stock of the Company, shall be forever free from taxa- tion by the Dominion, or by any Province hereafter to be established, or by any municipal corporation therein ; and the lands of the Company, in the North-West Territories, until they are either sold or occupied, shall also be free from such taxation for 20 years after the grant thereof from the Crown. 17. The Company shall be authorized by their Act of Land grant incorporation to issue bonds, secured upon the land granted ^°^'^^- and to be granted to the Company, containing provisions for Tbeir nature, the use of such bonds in the acquisition of lands, and such ^003*^0° fg"„e other conditions as the Company shall see fit, — such issue by the com- to be for 125,000,000. And should the Company make P»°y- such issue of land grant bonds, then they shall deposit Deposit with ' them in the hands of the Grovernment ; and the Grovern- for what pur-' ment shall retain and hold one-fifth of such bonds as secur- P°^*^ and on ity for the due performance of the present contract in tious. respect of the maintenance and continuous working of the railway by the Company, as herein agreed, for ten years after the completion thereof, and the remaining $20,000,000 of such bonds shall be dealt with as hereinafter provided. And as to the said one-fifth of the said bonds, so long as no default shall occur in the maintenance and working of the said Canadian Pacific Railway, the Grovernment shall not , present or demand payment of the coupons of such bonds, nor require payment of any interest thereon. And if any of such bonds, so to be retained by the Government, shall be paid off in the manner to be provided for the extinction of the whole issue thereof, the Grovernment shall hold the amount received in payment thereof as security for the same purposes as the bonds so paid off, paying interest thereon at four per cent, per annum so long as default is not made by the Company in the performance of the conditions hereof. And at the end of the said period often years from if the com- the completion of the said railway, if no default shall then So7efeuU^in have occurred in such maintenance and working thereof, the oreiating said bonds, or if any of them shall have been paid off, the '^"^ay- remainder of said bonds and the money received for those paid off, with accrued-interest, shall be delivered back by the Government to the Company with all the coupons 62} 979 11 Chap. 1. Canadian Pacific Railway. 44 Vict. In case of Buch default. Provision if such bonds are sold faster than lands are earned by the company, and deposit on interest with GoTernmeat, and payments by Govern- ment to com- pany. Lands to be granted sub- ject to such bonds. Company to pay ceriain expenses. . If land bonds are not issued, one-fifth of land to be retained as security. How to be disposed of. Substitution of other se- curities. attached to such bonds. But if such default should occur, the GrOA'^ernment may thereafter require payment of interest on the bonds so held, and shall not be obliged to continue to pay interest on the money representing bonds paid off; and while the Government shall retain the right to hold the said portion of the said . land grant bonds, other securi- ties satisfactory to the Grovernment may be substituted for them by the Company, by agreement with the Grovernment. 18. If the Company shall find it necessary or expedient to sell the remaining $20,000,000 of the land grant bonds or a larger portion thereof than in the proportion of one dollar for each acre of land then earned by the Com- pany, they shall be allowed to do so, but the proceeds thereof, over and above the amount to which the Com- pany shall be entitled as herein provided, shall be depos- ited with the Grovernment. And the Grovernment shall pay interest upon such deposit half-yearly, at the rate of four per cent, per annum, and shall pay over the amount of such deposit to the Company from time to time, as the work pro- ceeds, in the same proportions, and at the same times and upon the same conditions as the land grant — that is to say : the Company shall be entitled to receive from the Grovernment out of the proceeds of the said land grant bonds, the same number of dollars as the number of acres of the land subsidy which shall then have been earned by thena, less one-fifth thereof, that is to say, if the bonds are sold at par, but if they are sold at less than par, then a de- duction shall be made therefrom corresponding to the dis- count at which such bonds are sold. And such land grant shall be conveyed to them by the Grovernment, subject to the charge created as security for the said land grant bonds, and shall remain subject to such charge till relieved thereof in such manner as shall be provided for at the time of the issue of such bonds. 19. The Company shall pay any expenses which shall be incurred by the Government in carrying out the provisions of the last two preceding clauses of this contract. 20. If the Company should not issue such land grant bonds, then the Government shall retain from out of each grant to be made from time to time, every fifth section of the lands hereby agreed to be granted, such lands to be so retained as security for the purposes, and for the length of time, mentioned in section eighteen hereof. And such lands may be sold in such manner and at such prices as shall be agreed upon between the Government and the Company ; and in that case the price thereof shall be paid to and held by the Government for the same period, and for the same purposes as the land itself, the Government pay- ing four per cent, per annum interest thereon. And other securities satisfactory to the Government may be substi- tuted for such lands or money by agreement with the Gov- ernment. 980 1881. Canadian Pacific Railway. Chap. 1. ' 12 21. The Company to be incorporated with sufficient Company to powers to enable them to carry out the foregoing contract, rlted'^as'by and this contract shall only be binding in the event of an schedule a. Act of incorporation being granted to the Company in the form hereto appended as Schedule A. 22. The Eailway Act of 1879, in so far as the provisions Railway Act of the same are applicable to the undertaking referred to in ° "^^ ^' this contract, and in so far as they are not inconsistent here- Exceptions, wfth or inconsistent with or contrary to the provisions of the Act of incorporation to be granted to the Company, shall apply to the Canadian Pacific Railway. In witness whereof the parties hereto have executed these presents at the City of Ottawa, this twenty-first day of October, 1880. (Signed) CHARLES TUPPER, Minister of Railways arid Canals. GEO. STEPHEN, DUNCAN McINTYRE, J. S. KENNEDY, R, B. ANGUS, .I.J.HILL, Per pro. Geo. Stephen. MORTON, ROSE & Co., KOHN, REINACH & Co., By P. Du P. Grenfell. Signed in presence of F. Braxjn, and Seal of the Department hereto affixed by Sir Charles TXJPPER, in presence of (Signed) F. Br.4UN. SCHEDULE A, REFERRED TO IN THE FOREGOING CONTRACT. INGORPORATIOjV. !• George Stephen, of Montreal, in Canada, Esquire ; Certain per. Duncan Mclntyre, of Montreal, aforesaid, merchant ; John porated. S. Kennedy, of New York, in the State of New York, banker ; the firm of Morton, Rose and Company, of London, in Eng- land, merchants ; the firm of Kohn, Reinach and Company, of Paris, in France, bankers ; Richard B. Angus, and James J- Hill, both of St. Paul, in the State of Minnesota, Esquires ; with all such other persons and corporations as shall become shareholders in the Company hereby incorporated, shall be and they are hereby constituted a body corporate and politic, by the name of the " Canadian Pacific Railway f^orpprate Company." 981 13 Chap. 1. Canadian Pacific Railway, 44 Vict. Capital stock and shares. Paid up shares. Substitution of company as contract- ors : and when. Effect of such substitution. Notice in Canada Gazette. Further in- stalment to be paid up. And rest of $5,000,000. Necessary franchises and powers granted. ProTiso. 2. The capital stock of the Company shall be twenty-five million dollars, divided into shares of one hundred dollars each,— "which shares shall be transferable in such manner and upon such conditions as shall be provided by the by-laws of the Company ; and such shares, or any part thereof, may be granted and issued as paid up shares for value bona fide received by the Company, either in money at par or at such price and upon such conditions as the board of directors may fix, or as part of the consideration of any contract made by the Company. 3. As soon as five million dollars of the stock of the Com- pany haA^e been subscribed, and thirty per centum thereof paid up, and upon the deposit with the Aiinister of Finance of the Dominion of one million dollars in money or in secu- rities approved by the Grovernor in Council, for the purpose and upon the conditions in the foregoing contract provided, the said contract shall become and be transferred to the Company, without the execution of any deed or instru- ment in that behalf ; and the Company shall, thereupon be- come and be vested with all the rights of the contractors named in the said contract, and shall be subject to, and liable for, all their duties and obligations, to the same extent and in the same manner as if the said contract had been executed by the said Company instead of by the said con- tractors ; and thereupon the said contractors, as individuals, shall cease to have any right or interest in the said contract and shall not be subject to any liability or responsibility under the terms thereof otherwise than as members of the corporation hereby created. And upon the performance of the said conditions respecting the subscription of stock, the partial payment thereof, and the deposit of one million dol- lars to the satisfaction of the Grovernor in Council, the pub- lication by the Secretary of State in the Canada Gazette, of a notice that the transfer of the contract to the Company has been effected and completed shall be conclusive proof of the fact. And the Company shall cause to be paid up, on or before the first day of May next, a further instalment of twenty per centum upon the said first subscription of five million dollars, of which call thirty days' notice by circular mailed to each shareholder shall be sufficient. And the Company shall call in, and cause to be paid up, on or before the 31st day of December, 1882, the remainder of the said first subscription of five million dollars. 4. All the franchises and powers necessary or useful to the Company to enable them to carry out, perform, enforce, use, and avail themselves of every condition, stipulation, obligation, duty, right, remedy, privilege, and advantage agreed upon, contained or described in the said contract, are hereby conferred upon the Company. And the enactment of the special provisions hereinafter contained shall not be 982 1881. Canadian Pacific Railway. Chap. 1. 14 held to impair or derogate from the generality of the fran- chises and powers so hereby conferred upon them. DIKECTOllS. 5. The said George Stephen, Duncan Mclntyre. John First direct- S. Kennedy, Eichard B. .-Vngus, Jami's .1. Hill, Henry Staf- company, ford Northcote, of London, aforesaid. Esquires, Pascoe du P. Number Grenfell, of London, aforesaid, merchant, Charles Day Rose, limited. of London, aforesaid, merchant, and Baron J. de Reinach, of Paris, aforesaid, banker, are hereby constituted the first directors of thu Company, with power to add to their num- her, but so that the directors shall not in all exceed fifteen in number ; and the majority of the directors, of whom the Majority to be president shall be one, shall be British subjects. And the J^^f ^" board of directors so constituted shall have all the powers hereby confen*ed upon the directors of the Company, ^^d ^^®^j. ^^"^^^ they shall hold office imtil the first annual meeting of the shareholders of the Company. 6. Each of the directors of the Company, hereby appoint- Qualification ed, or hereafter appointed or elected, shall hold at least two hundred and fifty shares of the stock of the Company. But Alteration of the number of directors to be hereafter elected by the share- by™a-w\ ^ holders shall be such, not exceeding fifteen, as shall be fixed by by-law, and subject to the same conditions as the direc- tors appointed by, or under the authority of the last preced- ing section ; the number thereof may be hereafter altered from time to time in like manner. The votes for their elec- Ballot. tion shall be by ballot. 7. A majority of the directors shall form a quorum of the Quorum, board ; and until otherwise provided by by-law, direc- tors may vote and act by proxy, — such proxy to be held by a director only ; but no director shall hold more than two Pi'otiso. proxies, and no meeting of directors shall be competent to transact business unless at least three directors are present thereat in person, the remaining number of directors re- be'^preaTnt.* quired to form a quorum being represented by proxies. 8. The board of directors may appoint, from out of their Executive number, an executive committee, composed or at least three directors, for the transaction of the ordinary business of the Company, with such powers and duties as shall be fixed by the by-laws ; and the president shall be ex-officio a member ['resident to „* 1 • , , be one. ■01 such committee. 9' The chief place of business of the Company shall be at Chief place the city of Montreal, but the Company may, from time to other'piaces. time, by by-law, appoint and fix other places within or be- yond the limits of Canada, at which the business of the Company may be transacted, and at which the directors or 983 15 Chap. 1. Canadian Pacific Railway. 44 Vict. Places for service of process, &C. How to be notified. Service of process thereat. And if com- pany fail to appoint places. shareholders may meet when called, as shall be determined by the by-laws. And the Company shall appoint and fix by by-law, at least one place in each Province or Territoiy throngh which the railway shall pass, where service of process may be made upon the Company, in respect of any cause of action arising within such Province or Territory ,^ and may afterwards from, time to time, change such place by by-law. And a copy of any by-law fixing or changing any such place, duly authenticated as herein provided, shall be deposited by the Company in the office, at the seat of Grovernraent of the Province or Territory to which such by-law shall apply, of the clerk or prothonotary of the high- est, or one of the highest, courts of civil jurisdiction of such Province or Territory. And if any cause of action shall arise against the Company within any Province or Territory^ and any writ or process be issued against the Company thereon, out of any court in such Province or Territory, ser- vice of such process may be validly made upon the Com- pany at the place within such Province or Territory so appointed and fixed ; but if the Company fail to appoint and fix such place, or to deposit, as hereinbefore provided, the by-law made in that behalf, any such process may be validly served upon the Company, at any of the stations of the said railway within such Province or Territory. SHAnEHOLDERS. ^™**°'^ 1 ^^' The first annual meeting of the shareholders of the meetings. Company, for the appointment of directors, shall be held on the second Wednesday in May, one thousand eight hundred and eighty-two, at the principal office of the Company, in Montreal ; and the annual general meeting of shareholders, for the election of directors and the transaction of business generally, shall be held on the same day in each year there- after at the same place unless otherwise provided by the by-laws. And notice of each of such meetings shall be given by the publication thereof in the Canada Gazette for four weeks, and by such further means as shall, from time to time, be directed by the by-laws. !!• Special general meetings of the shareholders may be convened in such manner as shall be provided by the by- laws ; and except as hereinafter provided, notice of such meetings shall be given in the same manner as notices of annual general meetings, the purpose for which such meet- ing is called being mentioned in the notices thereof; and, except as hereinafter provided, all such meetings shall be held at the chief place of business of the Company. ProTiaion if 12. If at any time before the first annual meeting of the- neTes^aa^ ^^ shareholders of the Company, it should become expedient before notice that a meeting of the directors of the Company, or a special 984 Notice. Special gene- ral meetings: notice. Place. 1881. Canadian Pacific Railway. Chap. I. 16 general nieetiug of the shareholders of the Company, should as aforesaid be held, before such meeting can conveniently be called, "^^^ ^ gi^en. and notice thereof given in the manner provided by this Act, or by the by-laws, or before by-laws in that behalf have been passed, and at a place other than at the chief place of busi- ness of the Company in Montreal before the enactment of a by-law authorizing the holding of such meeting elsewhere ; it shall be lawful for the president or for any three of the directors of the Company to call special meetings either of directors or of shareholders, or of both, to be held at the city of London in England, at times and places respectively, to be stated in the notices to be given of such meetings re- spectively. And notices of such meetings may be validly Notices in given by a circular mailed to the ordinary address of each ^"'^ °°'^^" director or shareholder as the case may be, in time to enable him to attend such meeting, stating in general terms the purpose of the intended meeting. And in the case of a Meetings meeting of shareholders, the proceedings of such meeting if aii share- shall be held to be valid and sulh' lent, and to be binding holders or on the Company in all respects, if every shareholder of the are'preseut ^ Company be present thereat in person or by proxy, notwith- standing that notice of such meeting shall not have been given in the manner required by this Act. lit* No shareholder holding shares upon which any call is Limitation as overdue and unpaid shall vote at any meeting of share- p"(Jx*ies! holders. And unless otherwise provided by the by-laws, the person holding the proxy of a shareholder shall be him- self a shareholder. 14. No call upon unpaid shares shall be made for more And as to than twenty per centum upon the amount thereof RAILWAY AND TELEGKAPH LINE. 15« The Company may lay out, construct, acc|uire, equip, Line and maintain and work a continuous line of railway, of the r^i^ay. gauge of four feet eight and one-half inches ; which railway shall extend from the terminus of the Canada Central Eail- way near Lake Nipissing, known as Callander Station, to Port Moody in the Province ol British Columbia ; and also, ^?'^ °*' "^^^^ a branch line of railway from some point on the main line thereof, of railway to Fort "William on Thunder Bay ; and also the existing branch lineof railway from Selkirk, in the Province of Manitoba, to Pembina in the said Province; and also other branches to be located by the Company from time to time as provided by the said contract, — the said branches to *^''™™^"|^-" te of the gauge aforesaid : and the said main line of railway, ^ompletion. and the said branch lines of railway, shall be commenced and completed as provided by the said contract; and to- otberbrauch- gether with such other branch lines as shall be hereafter ^^' constructed by the said Company, and any extension of the b85 17 Chap. 1. Canadian Pacific Railway. 44 Vict. Name of railway. Company may con- struct lines of telegraph or telephone, and worlt them and collect tolls. Subject to Con. Stat. Can., c 67, ss. 14, 15, 16. As to future inventions. said main line of railway that shall hereafter be constructed or acquired by the -Company, shall constitute the line of railway hereinafter called " The Canadian Pacific Eailway." !©• The Company may construct, maintain and work a continuous telegraph line and telephone lines throughout and along the whole line of the Canadian Pacific Eailway, or any part thereof, and may also construct or acquire by purchase, lease or otherwise, any other line or lines of tele- graph connecting with the line so to be constructed along the line of the said railway, and may undertake the trans- mission of messages for the public by any such line or lines of telegraph or telephone, and collect toils for so doing ; or may lease such line or lines of telegraph or telephone, or any portion thereof ; and if they think proper to undertake the transmission of messages for hire they shall be subject to the provisions of the fourteenth, fifteenth and sixteenth sections of chapter sixty-seven of the Consolidated Statutes of Canada. And they may use any improvement that may hereafter be invented (subject to the rights of patentees) for telegraphing oi telephoning, and any other means of com- munication that may be deemed expedient by the Company at any time hereafter. POWERS. Applicatioa of 42 v., c. 9, Exceptions a.3 to each application. As to lands of the Crown required. Plans and book of reference. 17. " The Consolidated Railway Ac.'., 1879," in so far as the provisions of the same are applicable to the undertaking authorized by this charter, and in so far as they are not inconsistent with or contrary to the provisions hereof, and save and except as hereinafter provided, is hereby incor- porated herewith. IS. As respects the said railway, the seventh section of " The Consolidated Railway Act, 1879," relating to Powers, and the eighth section thereof relating to Plans and Sur- veys, shall be subject to the following provisions : — (a) The Company shall have the right to take, use and hold the beach and land below high water mark, in any stream, lake, navigable water, gulf or sea, in so far as the same shall be vested in the Crown and shall not be required by the Crown, to such extent as shall be required by the Company for its railway and other works, and as shall be exhibited by a map or plan thereof deposited in the office of the Min- ister of Railways. But the provisions of this sub-section shall not apply to any beach or land lying East of Lake Nipisging except with the approval of the Governor in Council ; (p) It shall be sufficient that the map or plan and book of reference for any portion of the line of the railway not being within any district or county for which there is a Clerk of the Peace, be deposited in the office of the Minister of Rail- 986 1881. Canadian Pacific Puii/wn?/. Chap. 1. 18 ways of Canada; and any omission, mis-statement or erroneous description of any lands therein may be corrected hy the Company, with the consent of the Minister, and cer- tified by him ; and the Company may then make the rail- way in accordance with such certified correction ; (c.) The eleventh sub-section of the said eighth section of DeTiationa the Eailway Act shall not apply to any portion of the rail- pian. way passing over ungranted lands of the Crown, or lands not withiu any surveyed township in any Province ; and in such places, deviations not exceeding five miles from the line shown on the map or plan as aforesaid, deposited by the Company, shall be allowed, without any formal correc- tion or certificate ; and any further deviation that may be found expedient may be authorized by order of the Grovern- or in Council, and the Company may then make their railway in accordance with such authorized deviation ; (d.) The map or plan and book of reference of any part of ^f^voah of the main line of the Canadian Pacific Railway made and fine" &,(^^^°^ deposited in accordance with this section, after approval by the Grovernor in Council, and of any branch of such rail- And of way hereafter to be located by the said Company in respect ™°'^ ''^' of which the approval of the Grovernor in Council shall not he necessary, shall avail as if made and deposited as re- required by the said " Consolidated Railway Act, 1879," for all the purposes of the said Act, and of this Act ; and any Copies copy of, or extract therefrom, certified by the said Minister *''^™° ■ or his deputy, shall be received as evidence in any court of law in Canada ; (e.) It shall be sufficient that a map or profile of any part Eegisiratioa of the completed railway, which shall not lie within any county or district having a registry oflice, be filed in the office of the Minister of Railways. !*• It shall be lawful for the Company to take from any Company public lands adjacent to or near the line of the said railway, Saterfais all stone, timber, gravel and other materials which may be from public necessary or useful for the construction of the railway ; and g^reater^ex-* also to lay out and appropriate to the use of the Company, tent for sta- a greater extent of lands, whether public or private, for sta- tiiTnafiowed tions, depots, workshops, buildings, side tracks, wharves, by 42 v., c. 9. harbors and roadway, and for establishing screens against snow, than the breadth and quantity mentioned in " The ponsolidatfd Railway Act, 18*79," — such greater extent taken, Proviso, in any case being allowed by the Grovernment, and shown on the maps or plans deposited with the Minister of 20. The limit to the reduction of tolls by the Parliament Limit of re- " "■ - - - - • - - , . (juction of ■Par- t under TOLLS, is hereby extended, so that such reduction may be to ^^ Extended. 8Hch an extent that sucli tolls when reduced shall not 987 of Canada provided for by the eleventh sub-section of the I7th ^^'ly \ section of" The Consolidated Railway Act, 1879," respecting liamenti 19 Chap. 1. Canadian Pacific Railway. 44 Vict. Gcvernor in Council ex- tended in like manner. produce less than ten per cent, per annum 'profit on the capital actually expended in the construction of the railway, instead of not less than fifteen per cent, per annum profit, as provided by the said sub-section ; and so also that such reduction shall not be made unless the net income of the Company, ascertained as described in said sub-section, shall have exceeded ten per cent, per annum instead of fifteen per Reduction by cent, per annum as provided by the said sub-section. And the exercise by the Grovernor in Council of the power of re- ducing the tolls of the Company as provided by the tenth sub-section of said section seventeen is hereby limited to the same extent with relation to the profit of the Com- pany, and to its net revenue, as that to which the power of Parliament to reduce tolls is limited by said sub-section eleven as hereby amended. Restriciion as 21. The first and second sub-sections of section twenty- of stock. "^ two of " The Consnlidated Railway Act, IS'ZO," shall not apply to the Canadian Pacific Eailway Company ; and it is here- by enacted that the transfer of shares in the undertaking shall be made only upon the books of the Company in per- son or by attorney, and shall not be valid unless so made ; and the form and mode of transfer shall be such as shall be, from time to time, regulated by the by-laws of the Corn- Advances on, pany. And the funds of the Company shall not be used in fo^bidden"^ any advance upon the security of any of the shares or stock of the Company. Transfer or transmisson to non -share- holders sub- ject to veto of directors until comple- tion si con- tract. Proviso: as to transfer by a firm to a partner. 22. The third and fourth sub-sections of said section twenty-two of " The Consolidated Railway Act, 1879," shall be subject to the following provisions, namely, — that if before the completion of the railway and works under the said con- tract, any transfer should purport to be made of any stock or share in the Company, or any transmission of any share should be effected under the provisions of said sub-section four, to a person not already a shareholder in the Company, and if in the opinion of the board it should not be expedient that the person (not being already a shareholder) to whom such transfer or transmission shall be made or effected should be accepted as a shareholder, the directors may, by resolution, veto such transfer or transmission ; and there- after, and until after the completion of the said railway and works under the said contract, such person shall not be, or be recognized as a shareholder in the Company ; and the original shareholder, or his estate, as the case may be, shall remain subject to all the obligations of a shareholder in the Company, with all the rights conferred upon a shareholder under this Act. But any firm holding paid-up shares in the Company may transfer the whole or any of such shares to any partner in such firm, having already an interest as such partner in such shares, without being subject to such veto. And in the event of such veto being exercised, a note shall 988 1881. Canadian Pacific Railway. Chap. 1. 20 be taken of the transfer or transmission so vetoed in order ^'ote of trans- that it may be recorded in the books of the Company after ^ade and for the completion of the railway and works as aforesaid ; but whatpurpose. until such completion, the transfer or transmission so vetoed shall not confer any rights, nor have any effect of any nature or kind whatever as respects the Company. 28. Sub-section sixteen of section nineteen, relating to Certain other PkESIDENT and UtRECTOKS, their election and duties ; ^™y'^'c°9.°^ sub-section two of section twenty-four, relating^to By-Laws, uot to apply. Notices, &c , sub-sections five and six of section twenty- eight, relating to GtENERAL Prcjvisioks, and section ninety- seven, relating to Railway Fund, of " The Consolidated Bailviay Act, 1879," shall not, nor shall any of them apply to the Canadian Pacific E-ailway or to the Company hereby iEcorporated. 24. The said Company shall afford all reasonable facilities Company to to the Ontario and Pacific Junction Railway Company, when abte^faomties' their railway*shall be completed to a point of junction with to and receive the Canadian Pacific Railway, and to the Canada Central cer^ oth^ Eailway Company, for the receiving, forwarding and deliver- railway com- ing of traffic upon and from the railways of the said Com- P^^'^^- panies, respectively, and for the return of carriages, trucks and other vehicles ; and no one of the said Companies shall give or continue any preference or advantage to, or in favor of either of the others, or of any particular description of traf&c, in any respect whatsoever ; nor shall any one of the said Companies subject any other thereof, or any particular description of traffic, to any prejudice or disadvantage in any respect whatsoever ; and any one of the said companies which shall have any terminus or station near any terminus or station of either of the others, shall afford all reasonable ifacihties for receiving and forwarding all the traffic arriving by either of the others, without any unreasonable delay, and without any preference or advantage, or prejudice or disad- vantage, and so that no obstruction may be offered in the using of such railway as a continuous line of communica- tion, and so that all reasonable accommodation may, at all times, by the means aforesaid, be mutually afforded by and to the said several railway companies ; and the said Cana- As to rates of dian Pacific Railway Company shall receive and carry all tSo m such freight and passenger traffic shipped to or from any point cases. on the railway of either of the said above named railway companies passing over the Canadian Pacific Railway or any part thereof, at the same mileage rate and subject to the same charges for similar services, without granting or allowing any preference or advantage to the traffic coming from or going upon one of such railways over such traffic coming from or going upon the other of them, reserving. Reservation h-owever, to the said Canadian Pacific Railway Company the chase?3™f light of making special rates for purchasers of land, or for land, and QQM emigrants. 21 Chap. 1. Canadian Pacific Railway. 44 ViCT. Contrary agreements void. Company may purchase or acquire by leaae or other- ■wise certain other rail- ways or amalgamate with them. And borrow to a limited amount on bonds in con- sequence. Not to affect prior mort- gages. Company may have docks, &c., and run ves- sels on any navigable water their railway touches. immigrants or intending immigrants, which, special rates shall not govern or affect the rates of passenger traffic as between the said Company and the said two above named companies or either of them. And any agreement made between any two of the said companies contrary to the fore- going provisions, shall be unlawful, null and void. 25. The Company, under the authority of a special general meeting of the shareholders thereof, and as an ex- tension of the railway hereby authorized to be constructed, may purchase or acquire by lease or otherwise, and hold and operate the Canada Central ixailway, or may amalgamate therewith, and may purchase or acquire by lease . or other- wise and hold and operate a line or lines of railway from the city of Ottawa to any point at navigable water on the Atlantic seaboard or to any intermediate point, or may acquire running powers over any railway now constructed between Ottawa and any such point or intermediate point : And the Company may purchase or acquire any such railway, subject to such existing mortgages, charges or liens thereon as shall be agreed upon, and shall possess with regard to any lines of railway so purchased, or acquired, and becoming the property of the Company, the same powers as to the issue of bonds thereon, or on any of them, to an amount not exceed- ing twenty thousand dollars per mile, and as to the security for such bonds, as are conferred upon the Company by the twenty-eighth section hereof, in respect of bonds to be issued upon the Canadian Pacific Railway. But such issue of bonds shall not affect the right of any holder of mortgages or other charges already existing upon any line of railway so purchased or acquired ; and the amount of bonds hereby authorized to be issued upon such line of railway shall be diminished by the amount of such existing mortgages or charges thereon. 26- The Company shall have power and authority to erect and maintain docks, dockyards, wharves, slips and piers at any point on or in connection with the said Cana- dian Pacific Kail way, and at all the termini thereof on navi- gable water, for the convenience and accommodation of vessels and elevators ; and also to acquire and work eleva- tors, and to acquire, own, hold, charter, work and run steam and other vessels for cargo and passengers upon any navi- gable water, which the Canadian Pacific Railway may reach or connect with. BY-LAWS. By-laws may provide for certain pur- poses. 27. The by-laws of the Company may provide for the remimeration of the president and directors of the Com- pany, and of any executive committee of such directors ; and for the transfer of stock and shares ; the registration and 990 1881. Canadian Pacific Railway. Chap. 1. 22 inscription of stock, shares and bonds, and the transfer of re Asylum should in future be paid by Canada ; and whereas, owing to the corporation of the Canada Military Asylum having been largely composed of the holders for the time being of military offices in the garrison of Quebec, as ex-officio members, which offices have long since ceased to exist, and by reason of one of the fundamental rules of the said corporation requiring that one-half at least of its general committee of management, also to be largely com- posed of such ex-officio members, should be military, it is impossible to obtain a formal abandonment of the said lease by the said corporation ; Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 999 Chap. 18. Military Asylum at Quebec. 44 Vict. ReTocation of lease men- tioned in preamble anthorized. !• It shall be lawful for the Minister of the Interior, or for the Minister of Militia, at any time after the commeuce- ment of this Act, by a deed executed before any public notary at any place in the Province of Quebec, to revoke; cancel, annul, set aside and make void the deed of lease recited in the preamble of this Act ; and thereupon the said deed of lease shall become and be null and void, and of no effect whatever, and the lease thereby contracted shall endj and the lot of land thereby conveyed may be resumed by, and the buildings thereon shall belong without indem- nification, to Her Majesty the Queen, for the purposes of" Canada. And sale to J, Q 2. The Crown may then, by private contract, sell the said sy um. j^j. ^j j^^^ ^^^ buildings to the said Church of England Female Orphan Asylum for six thousand dollars, without resorting to public auction. Proceeds, bow to be dealt with. Certain pen- sions charged on the pro- perty to be paid. S. The money arising from the said sale shall be paid over to the Receiver &eneral, and shall form part of the Consolidated Revenue Fund of Canada ; and a separate account shall be kept thereof. 4. The pensions payable by the Canada Military Asylum^ at the date of the deed in the first section of this Act authorized to be passed shall, from that date, be paid, so- long as the same respectively shall remain payable accord- ing to the Act of incorporation and rules of the Canada Military Asylum, out of any unappropriated moneys forming part of the Consolidated Revenue Fund of Canada. OTTAWA : Printed by Brown Chambehlin, Law Printer to the Queen's Most Excellent Majesty. 1000 45 Via, CHAP. 7. An Act to provide for the allowance of drawback on certain articles manufactured in Canada, for use in the construction of the Canadian Pacific Railway. [Assented to 11th May, 1882.] TTER Majesty, by and with the advice and consent of the Preamble. -■-'- Senate and House of Commons of Canada, enacts as follows : — !• The Governor in Council may, from time to time, make Governor in regulations for ascertaining the quantities and values offish- makereguS- plates and other fastenings, spikes, bolts, nuts and. iron tions for bridges manufactured in Canada and procured by the Cana- the*Taiue'of dian Pacific Kailway Company, to be used in the original certain arti- construction of the Canadian Pacific Railway, as defined by j'n^cana'da'^br the Act thirty-seventh Victoria, chapter fourteen, and also the 0. P. R. the quantities and. values of all telegraphic apparatus manu- Company, factured in Canada and procured by the said railway com- pany to be used in the original construction and in the first i equipment of a telegraph line in connection with the Cana- dian Pacific Railway. 2. The Grovernor in Council may also, from time to time, Andtheper- make regulations for ascertaining the persons in Canada ^hom they from whom such fish plates and other fastenings, spikes, are procured, bolts, nuts, iron bridges and telegraphic apparatus respec- tively, shall have been procured by the said Company. 8. The Governor in Council, with the assent of the Trea- And may sury Board, and upon such terms and conditions as may be back to suX' thought proper, may pay over to the person or persons in persons. Canada from whom such articles as aforesaid, manufactured in Canada, have been procured by the said Company, sums of money not exceeding the amount of Customs duty which would have been payable on such articles respectively if imported into Canada at the time the same were so procured ty the said Company. 4. Provided always, that no money shall be paid over to Conditions oo any person in respect of any such articles before the same money sSa^i 1001 be so paid. Chap. 7. Drawback — Canadian Pacific Railway. 45 YiCT. are actually used by the Company for the purposes aforesaid unless and until the Company bind themselves to repay such money in case such articles be not used for the pur- poses aforesaid. * # * # ^ * OTTAWA : Printed \ij Brown Chameeelin, Law Printer to the Queen's Most Excellent Majesty. 1002 45 VIC, CHAP. 13. An Act to increase the amount placed at the disposal of the Governor in Council by the Act 34 Victoria, chapter 8, for paying off claims on the Bank of Upper Canada. [Assented to 11th May, 1882.] TTER Majesty, by and with the advice and consent of the Preamble. ■■--'- Senate and House of Commons of Canada, enacts as follows : — 1. The amount placed by the Act thirty-fourth Victoria, The amount chapter eight, at the disposal of the Grovernor in Council out ff v!',°c.*8,"' of any unappropriated moneys forming part of the Consoli- and 33 v., c. dated Eevenue Fund of Canada, for the purpose of paying ^'^^l^^f' off any claims on the Bank of U pper Canada, settled and adjusted under the fourth section of the Act thirty -third Victoria, chapter forty, is hereby increased to the sum of two hundred and fifty-five thousand dollars, subject to the conditions of the Act first above cited, which is hereby amended accordingly. OTTAWA : Printed by Brown Ohambeemn, Law Printer to the Queen's Most Excellent Majesty. 1003 45 VIC, CHAP. 14, An Act to provide for the granting of subsidies for the construction of certain lines of Railway therein men- tioned. [Assented to Vjth May, 1882.] Preamble. TTER Majesty, by and with the advice and consent of the -'-'^ Senate and House of Commons of Canada, enacts as follows : — Subsidies 1- It shall be lawful for the Grovemor in Council to grant ™ranted *^® Subsidies hereinafter mentioned towards the construction towards the of the railways also hereinafter mentioned ; that is to say: — of thl'^ follow- ^^"^ ^ railway from Gravenhurst to Cal- ing railways. lander, both in the Province of Ontario, a subsidy not exceeding $6,000 per mile, nor exceeding in the whole $660,000 For a railway from St. Raymond to Lake St. John, both in the Province of Quebec, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 384,000 For a railway from a point on the Inter- colonial Railway at Riviere du Loup or Riviere Quelle, in the Province of Quebec, or between them, to Ed- mundston, in the Province of New Brunswick, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 240,000 For a railway from Oxford to New Grlas- gow, both in the Province of Nova Scotia, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 224,000 Total $1,508,000 On what The said subsidies to be granted to such companies as conditions shall be approved by the Governor in Council, as having companies** established to his satisfaction their ability to complete the said railways respectively, within a reasonable time, to be 1004 1882. Railway Subsidies. Chap. 14. 2 fixed by Order in Council, and according to descriptions and specifications to be approved by the Grovernor in Council on the report of the Minister of Railways and Canals, and specified in an agreement to be made by the company with the Grovernment (and which the G-oyernment is empowered u ^''^^?'*^\J° to make), and to be payable out of the Consolidated Kevenue the compaoy. Fund of Canada, by instalments on the completion of each How payable, ten miles of railway, proportionate to the value of the por- ^"^ ^J ^^** tion so completed in comparison with the whole work under- taken, such proportion to be established by the report of the said Minister : Provided always, that the granting of such proviso. bonuses or subsidies shall be subject to such conditions for securing such running powers or traffic arrangements and other rights, as will afford all reasonable facilities and equal mileage rates to all railways connecting therewith, as the ■ Grovernor in Council may determine. OTTAWA : Printed by Bbown CHAMSEELiif, Law Printer to the Queen's Moat Excellent Majesty. 1005 45 VIC, CHAP. 15. Preamble. An Act to provide for building certain Branch Lines of Eailway from points on the Intercolonial Eailway and Prince Edward Island Railway respectively, [Assented to 11th May, 1882.] TTER Majesty, by and with the advice and consent of the •'-'- Senate and House of Commons of Canada, enacts as follows : — fntercoioniai *' ^^ ^^^'^'^ ^® lawful for the Minister of Eailways and Railway from Canals to make, build, construct and work a branch line of ^'if d*"^'^^ railway in the Province of Quebec from a point on the Cove to Point Intercolonial Bail way at or near the St. Charles Station to a LeTis. point at or near the Point Levis Station of the Grrand Trunk Railway, the line to run by way of Indian Cove. The branch line of railway when built shall be part of the Intercolonial Railway. Branch of P E. [. Rail- way to Cape Traverse or Carleton Cove, Act 44 v., c. 25 to apply to these branches. H- It shall be lawful for the Minister of Railways and Canals to make, build, construct and work a branch line of railway in the Province of Prince Edward Island, from a point on the Prince Edward Island Railway to be selected by him to a point between Cape Traverse and Carleton Cove. The branch line of railway when built shall be part of the Prince Edward Island Railway. 3. For the purposes hereof the Minister of Railways and Canals shall have all the powers and authorities vested in him by " The Government Railways Act, 1881," and the said branch lines of railway shall be made, built, constructed and worked in all respects as though the same had been made, built, constructed and worked under the said Act. OTTAWA : Printed by Brown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 1006 45 VIC, CHAP. 16. An Act respecting the Windsor Branch of the Inter- colonial Railway. [Assented to llth May, 1882.] WHEREAS the "Windsor and Annapolis Eailway Com- Preamble, pany was incorporated by an Act of the Province of Recital of Nova Scotia, passed in the thirtieth year of Her Majesty's "^^®' reign (A. D. ISGT), and pursuant to its powers in that be- half the said Company built and now own and work a line of railway from Windsor to Annapolis, in the said Province ; And whereas the Grovernment of the Province of Nova .Scotia, at the time of the incorporation of the said Company, owned a branch line of railway extending from Windsor Junction to Windsor hereinafter referred to as the Windsor Branch ; and also a main line of railway (now part of the Intercolonial Railway) running past Windsor Junction into Halifax ; And whereas one of the clauses of the said Company's ^charter in effect provided that a traffic arrangement should be made between the Company and the said Grovernment of Nova Scotia for the mutual use and employment of their respective lines of railway between Halifax and Windsor, and Windsor and Annapolis, including running powers or for the joint operation thereof on equitable terms ; And whereas instead of entering into a traffic arrange- Schedule A ment under the said clause, and in substitution thereof, the '^^^^"^'^ ^o. Crovernment of Canada and the said Company on or about the twenty-second day of September, one thousand eight Ihundred and seventy-one, entered into the agreement, a copy of which is set forth in schedule A to this Act ; And whereas under another of the clauses of the said Com- i pany's charter, the Governor in Council of the Province of Nova Scotia was, .in effect, empowered by Order in Council, to assume on behalf of the Province the ownership of the said Company's line of railway from Windsor to Annapolis, by paying to the said Company the value of the same (to be ascertained by arbitration) either in cash or Provincial debentures, at the option of the said Governor in Council ; And whereas the Government of the present Province of Nova ?cotia are now entitled to exercise such power, and 1007 Chap. 16. Windsor Branch, Intercolonial Railway. 45 ViCT. Schedule B referred to. Schedule C referred to. Schedule D referred to. Further recital. have expressed to the G-orernment of Canada their inten- tion of exercisiug such power ; And whereas on the twenty-sixth day of May, A.D. 18'74, the Act of the Parliament of Canada, set forth in the sched- ule B to this Act, was passed ; And whereas the G-overnment of Canada, acting in sup- posed pursuance of the said Act, in the year A.D. 1877 took from the "Windsor and Annapolis Railway Company the possession of the said "Windsor Branch and handed over the same to the "Western Counties Eailway Company, which Company received the same under the terms of the agree- ment set forth in the schedule C to this Act ; And whereas the last named Company failed to complete its line of railway by the first day of October, A.D. 1879, as provided in the said agreement, and have not yet completed the same, and after the said first day of October, A D. 1879, the Grovernment of Canada retook possession of the said Windsor Branch from the said Company and handed over the same to the "Windsor and Annapolis Railway Company under the terms of the agreement set forth in schedule D to this Act ; And whereas during the time the "Western Counties Rail- way Company was in possession of the said branch, the- Windsor and Annapolis Railway Company commenced an action in the Supreme Court of Nova Scotia against such Company and Her Majesty's Attorney G-eneral of Canada, to recover possession of the said branch on the ground that the plaintiff Company was entitled to such possession under the agreement set forth in schedule A to this Act, and that the G-overnment of Canada were not justified by the Act of Parliament set forth in schedule B to this Act, in taking from the plaintiff Company the possession of the said branch and handing over the same to the defendant Company ; And whereas such proceedings were had in the said action, that by the judgment of Her Majesty upon the advice of the Judicial Committee of Her Imperial Privy Council, the plaintiff Company was declared to be entitled to the posses- sion of the said branch, under the said agreement set forth in the schedule A hereto ; And whereas the G-overnment of Nova Scotia have made arrangements with The Nova Scotia Railway Company (in- corporated by Act of the Legislature of Nova Scotia passed on the twenty-seventh day of February, A.D. 1882,) for the consolidation, under one management, of certain lines of railway in the Province, including the Windsor and Anna- polis Railway and the "Western Counties Railway ; And whereas it is expedient to facilitate and assist the completion of such arrangements, — which are in the public interests : Therefore Her Majesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, declares and enacts as follows : — 1008 1882. Windsor Branch, Intercolonial Railway. Chap. 16. 3 1. The rights, privileges and powers acquired by the Rights of Windsor and Annapolis Eailway, under the agreement set GovemMnt*^ forth in schedule A to this Act, were so acquired by that of Nova Company as owners of the line of railway from "Windsor to ^ectiveiy, Annapolis, and on the transfer of the ownership of such declared. ' railway to the G-overnment of Nova Scotia, should properly belong to the said G-ovemment as owner of the said line, and whenever and so soon as the Grovernment of Nova Governor in Scotia shall have exercised its right to assume the owner- ^nd the'sSY ship reserved to it as hereinbefore mentioned, and as owner agreement has legally taken possession of the said railway, then the ^ment"^' Governor may, by Order in Council, put an end to and deter- of of jvr. s. mine the said agreement and any other rights and interests, rlih^yV"* if any, which the Windsor and Annapolis Railway Com- pany may have to or in the said Windsor Branch. 2. Whenever the agreement set forth in schedule A has And Govern- been determined, the Grovernor may, by Order in Council, ™^beconw ^" transfer and convey to the Nova Scotia G-overnment the owner, absolute ownership of the said Windsor Branch : Provided always, that no such Order in Council shall be Proriao : passed until the Government of Nova Scotia shall have con- obligations structed and finished, or have caused to be constructed and Tiously per- finished, the line of railway from Annapolis to' Digby, and fonned by phall have procured from the Western Counties Railway of°y*s!"*'' Company and delivered to the G-overnment of Canada, a release of all claims and interest (if any) of that Company to the said Windsor Branch, and of all claims and demands (if any) against the Government of Canada, relating thereto or arising thereout, or out of the actions and transactions respecting the said branch. 8. The determination of the agreement set forth in Certaia schedule A shall not affect any right which either party be^affected'br thereto may have thereunder against the other, or against the termina- any other party, as to any matter or thing prior to such ment°^*^™*" determination, all which rights shall continue and may be enforced as if such agreement had not been determined. 4. Nothing in this Act contained shall be deemed or taken Act not to be as admitting that the Windsor and Annapolis Eailway andm^siion Company, or the Western Counties Railway Company, or of ceitaiu either of them, have or may have any claim or interest to or <='^"°°' in the said Windsor Branch, or any claims or demands against the Government of Canada. 64 1009 Chap. 16. Windsor Branch, Intercolonial Railway. 45 YiCT. SCHEDULE A. Cop^/ of a Report of a Committee of the Honorable the Privi/ Council, approved by His Excellency the Governor General in Council, on the 22nd September, 18*71. On a memoranduiii dated 21st September, 1871, from the Hon. Sir G-eorge Etienne Cartier, acting in the absence of the Minister of Public Works, reporting, — That on the twenty-eighth day of July last, a Minute of Council was passed authorizing the Minister of Public Works to make with the Windsor and Annapolis Eailway Company (Limited), the traffic arrangements, including run- ning powers over the Grovernment railway in the Province of IMova Scotia, mentioned in the charter of the said Com- pany, and for that purpose to appoint any officer or arbitra- tor required by the said charter, should the Minister of Public Works and the Company be unable to come to an agreement without arbitration : That on the eleventh day of August ultimo, with the view of effecting the object of the said Minute of Council, he appointed and deputed Sandford Fleming, Esq., Chief Engineer of the Intercolonial Eailway, to confer with the said Windsor and Annapolis Eailway Company, or with its authorized agent, and to report what understanding and agreement could be arrived at under authority of the said Minute of Council. That Mr. Fleming has met and conferred with James Alexander Mann, Esq., Commissioner and Attorney on behalf of the said railway company ; and with the concurrence of Lewis Carvell, Esq., Manager of the European and North American Eailway, and of the said Commissioner and Attorney, now reports and approves the articles of agree- ment hereunto annexed ; which articles of agreement he, the Acting Minister of Public Works, submits for the approval of Your Excellency. The Committee advise that the said articles of agreement hereunto appended, be approved and ratified by Tour Excellency in Council, it being understood that the pay- ment of one-third of the gross earnings be adhered to. Certified. (Signed), WM. H. LEE, Clerk, Privy Council. To the Honorable The Minister of Public Works. Agreement between the Windsor and Annapolis Railway Com- pany {Limited) and the Government of Canada. Expressions; J. The Several expressions hereinafter referred to, shall, when used in this agreement, have the signification and meaning following : — 1010 1882. Windsor Branch, Intercolonial Railway. Chap. 16. 6 SIGNIFICATION OR MEANING. The "Windsor and Annapolis Eailway Company, Limited ; " The Com- The Department of the Grovernment of Canada, which, pany." for the time being, shall have the command or control of the "The Author- Nova Scotia railways ; So much of the Nova Scotia railways, with the branches, "The Trunk appurtenances, buildings and conveniences thereto belong- ^'°^-" ing or attached, as lies between the terminus at Halifax and the Windsor Junction (both inclusive), together with any extensions into Halifax hereafter to be made ; So much of the Nova Scotia Railway, with the branches, "The wind- buildings and appurtenances, and other conveniences, ^or Branch." thereto belonging or attached, as lies between the said Windsor Junction and the junction of such railway with the Windsor and Annapolis Eailway at or near Windsor ; The superintendent, or other officer for the time being, ;' The Super- managing the Nova Scotia railways ; mtendeut." The general manager or other officer for the time being, " The Man- managing the Windsor and Annapolis Eailway. ^^^^' 2. The Company shall, except for the purposes of the authorities in maintaining the railway and works, have the exclusive use of the Windsor Branch, with all station ac- commodation, engine sheds and other conveniences (but not including rolling stock and tools for repairs) now in use thereon. 8. The Company shall also use, to the extent required for its traffic, the trunk line, with the station accommodation thereon, including engine shed accommodation for five engines, water supply, fuel stages, turn-tables, signals, tele- graphs, wharves, sidings and other conveniences, but not including machine shops and other shops, buildings and appliances, for repairs of rolling stock. 4. The Company shall run every day, Sundays excepted, between Halifax and Windsor, not less than two trains each way, carrying passengers, and shall adopt the same tolls as at present levied, or such other tolls as may, from time to time, be approved of by the Grovernor in Council, and shall famish and maintain its own rolling stock. 5. The authorities shall maintain, in workable condition, the Windsor branch and ihe trunk line, including all the station accommodation and other conveniences thereon. 6. The Company shall, on the Windsor Branch, employ ; their own station agents, booking clerks, watchmen, porters, signalmen, switchmen and other servants for the manage- ment of the traffic. , *l. The authorities shall, on the trunk line, employ all ^station agents, booking clerks, watchmen, signalmen, [switchmen and other servants not provided by the Com- pany under clause 1 7. 8. The Company shall not, except with the concurrence of the authorities, carry any local traffic between stations on. 641 1011 Chap. 16. Windsor Branch, Intercolonial Railway. 45 ViCT. the trunk line ; but if so carried, they shall charge the same tolls as may be charged by the authorities. 9. The Company shall keep and render to the superin- tendent an exact detail account of all traffic carried by them over the Windsor Branch and trunk line. 10. The Company shall pay to the authorities monthly, one-third of the gross earnings from all traffic carried by them over the Windsor Branch and trunk line. 11. All accounts between the authorities and the Com- pany under this arrangement shall be adjusted regularly at the end of each calendar month, and the balance struck and pa,id over in cash, not later than twenty-one days after the end of each month. 12. The authorities and the Company respectively shall, at all reasonable times, have access to, and be allowed to inspect all such books, papers and vouchers in possession of the other of them, as have reference to the accounts between them. 13. All regular trains on the Windsor Branch and trunk line shall be run in the usual way by time-table, which time-table shall, in respect to the trunk line, be prepared by the superintendent on consultation with the manager. The superintendent shall arrange for the arrival and departure of the trains of the Company at the times desired by the manager, or as near thereto as practicable, and in this respect and in every other respect, the superintendent, the officers and servants of the authorities shall conduct the business and work the traffic of the Company and of the authorities with perfect impartiality and fairness. 14. With respect to special and irregular trains, in order to ensure public safety, the Company shall use the trunk line in strict accordance with such rules and regulations as are now in use, or as may hereafter be adopted and enforced by the superintendent. Similar rules shall also be adopted and enforced by the manager on the Windsor Branch, so far as necessary for the guidance of officers and men engaged in the maintenance of the railway. 15. The speed of the Company's trains on the trunk line and Windsor Branch shall not exceed the speed adopted by similar trains on the Grovernment railways in Nova Scotia. 16. The station agent and other servants of the authori- ties at Windsor Junction shall receive, and as far as practi- cable, carry out the instructions of the manager in regard to the arrival and departure and working of the Company's trains, from or to the Windsor Branch, and he or they shall record in a book to be kept for that purpose, the numbers and particulars of all engines, carriages, trucks, cars, or other vehicles passing through such junction, and shall make a return of the same daily to their respective owners. lY. The Company shall employ on the trunk line, their own bookiiig clerks, carting agents, carting staff, or such 1012 1882. Windsor Branch, Intercolonial Railway. Chap. 16 % other staff as they may deem necessary for the booking, collecting, checking, invoicing, receiving, delivering or forwarding their own traffic ; and the authorities shall, so far as practicable, provide suitable and convenient accom- modation for such servants and for the accommodation of such business. 18. The Company, in using the trunk line, shall, at all times, observe the regulations and by-laws for the time being in force thereon ; and the authorities in using the Windsor Branch, for the purpose of repairing and main- taining it shall, at all times, observe the regulations and by-laws for the time being in force thereon. 19. In the event of the Company failing to operate the railways between Halifax and Annapolis, then this agree- ment shall terminate, and the authorities may immediately proceed to operate the railway between Halifax and Wind- sor, as they may deem proper and expedient. 20. The termination of this agreement under the preced- ing clause is hot to prejudice any rights which the Com- pany may now have. 21. This agreement shall take effect on the first day of January, 1872, and continue for 21 years, and be then re- newed on the same conditions, or such other conditions as may be mutually agreed on. SCHEDULE B. CHAP. 16. An Act to authorize tlie transfer of the Windsor Branch of the Nova Scotia Railway to the Western Counties Railway Company. [Assented to 26th May, 1874.] WHEREAS by resolution of the House of Commons, passed on the twenty-third day of May, in the year eighteen hundred and seventy-three, it was resolved : That the Government be authorized to enter into negotiations during the Parliamentary recess with some reliable associa- tion or company for the transfer of the railway from Wind- sor to the trunk line from Halifax to Truro, upon condition that such association or company extend the railway from Annapolis to Yarmouth, subject to the approval of Parlia- ment at the next Session ; and w^hereas the Western Coun- ties Railway Company, being a company incorporated under the Act of the Legislature of the Province of Nova Scotia, passed during the Session of the year of our Lord eighteen hundred and seventy, having undertaken to build a railway ftom Annapolis to Yarmouth, have represented that the work 1013 Chai^. 16. Windsor Branch, Intercolonial Railway. 45 Vict. has been undertaken and commenced in view of the pro- visions of the hereinbefore recited resolution of the House of Commons ; and whereas the said Company being desirous of having the said privilege transferred to them, have proposed for the acceptance of His Excellency the Grovernor in Coun- cil, certain terms of transfer to them of the railway from Windsor to the trunk line from Halifax to Truro ; and whereas such proposal was, by Order of the Governor in Council of the twenty -second October, eighteen hundred and seventy-three, adopted, subject to the approval of Parlia- ment ; and whereas a further proposal in connection with the transfer of the said railway to the said Company was made by the said Company and approved by the Governor in Council, by Order in Council of the thirtieth day of October, in the year eighteen hundred and seventy-three ; and whereas it is expedient to approve of th.e said agree- ments so respectively entered into and adopted as herein- ^before mentioned : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — !• The agreements hereinbefore referred to, and set forth in the schedules A and E to this Act, being such as were adopted by the Orders of the Governor in Council on the twenty-second and thirtieth days of October, eighteen hundred and seventy-three, and all the matters and things therein contained, are hereby approved and declared to be as effectual to all intents and purposes as if the said agreements had been entered into in pursuance of sufficient authority in that behalf given, before the adoption of such agreements, by Act of the Parliament of Canada. 2. Until arrangements.are completed for giving possession to the Western Counties Eailway Company of the said "Windsor Branch Railway for the purpose of operating it until the completion of their line from Annapolis to Tar- mouth, as provided in the agreement or proposal hereinafter recited, it shall be competent for the Government to make such other arrangements as may be necessary by continuing the working of the same by the Windsor and Annapolis Railway Company or otherwise. SCHEDULETA. 1416. Copy of a Report of a Committee of the Honorable the Privy Council, approved by His Excellency the Governor General in Council, on the twenty-second October, eighteen hundred and seventy-three. On a memorandum, dated twenty-first October, eighteen hundred and seventy-three, from the Hon. the Minister of 1014 1882. Windsor Branch, Intercolonial Railway. Chap. 16. 9 Public Works, submitting the accompanying proposal made by the Western Counties Railway Company of Nova Scotia, and recommending its adoption. The Committee advise that the accompanying proposal be adopted as recommended, subject to the approval of Parliament. Certified. (Signed) W. A. HIMSWOETH, Clerk. To the Honorable The Minister of Justice, &c., &c., &c. Proposal made to His Excellency the Governor General in Council by the Western Counties Railway Company, in- corporated under an Act of the Legislature of Noua Scotia, passed in the year of our Lord one thousand eight hun- dred and seventy. Whereas by a resolution passed by the House of Commons in Parliament assembled on the twenty-third day of May, Anno Domini, eighteen hundred and seventy-three, it was resolved : That the Grovernment be authorized to enter into negotia- tions during the Parliamentary recess with some reliable association or company for the transfer of the railway from Windsor to the trunk line from Halifax to Truro, upon con- dition that such association or company extend the railway from Annapolis to Yarmouth, subject to the approval of Parliament at the next Session ; And whereas the said Western Counties Railway Com- pany have undertaken to build a railway from Annapolis to Yarmouth ; and Whereas the said work has been undertaken and com- menced in view of the provisions of the above resolution ; and Whereas the said Company are desirous of having the said railway, in the said resolution mentioned, transferred to them ; The said Company therefore propose, for the acceptance of His Excellency the Governor G-eneral in Council, the follow- ing terms of transfer, viz.: — 1st. The said Company will undertake to receive the said railway and appurtenances on the first day of December, Anno Domini, eighteen hundred and seventy-three, and from that date to work it efficiently and keep the same in repair at their own proper costs and charges, collecting, receiving and appropriating to their own use all the tolls and earnings of the same : 2nd. That on the completion of the Western Counties Railway from Yarmouth to Annapolis (now in progress of 1015 10 Chap. 16 Windsor Branch, Intercolonial Railway. 45 YiCT. construction), the said railway and appurtenances from Windsor to the trunk line, shall be and become absolutely the property of the said "Western Counties Eailway Company : 3rd. That in consideration of the premises, the said Com- pany hereby engage to prosecute the work of building the railway from Yarmouth to Annapolis, and complete the same with all reasonable despatch. Dated at Ottawa, D.O., this twentieth day of October, Anno Domini, eighteen hundred and seventy-three. (Signed) G-EO B. DOANE, President, W. C. R. Co. JAS. WENT. BINGAY, Secretary, W. C. R. Co. SCHEDULE B. Copy of a Report of a Committee of the Honorable the Privy Covncil, approved by His Excellency the Governor General in Council on the thirtieth October, eighteen hundred and seventy-three. On a Memo, from the Hon. the Minister of Public Works, dated twenty-ninth October, eighteen hundred and seventy- three, reporting that he has received from the AVestern Counties Kailway Company of Nova Scotia (through Mr. Gj-eorge B. Doane, their president) a proposal to the following effect : — 1st. That the Western Counties Railway Company shall carry free of charge, all passengers holding Grovernment tickets, on all their passenger trains running between Halifax and Windsor Junction. 2nd. That the said Com- pany or their agents or assigns shall have running powers over the Intercolonial Eailway between Halifax and Windsor Junction, with such privileges as have been hitherto granted in the agreement with the Windsor and Annapolis Railway. The Committee on the recommendation of the Minister of Public Works, respectfully advise that the terms of the above proposal be approved. Certified. , (Signed), W. A. HIMSWOKTH, C.P.C. SCHEDULE C. Memorandum of Agreement, September, 187*7, Between Her Majesty, represented by the Hon. Minister of Pub- lic Works and the Western Counties Railway Company. Western Counties Railway Company. Secretary's Office, Yarmouth, N. S., September 13, A.D. 1811 Resolved that the agreement dated the 6th of September, A.D., 1877, and made between Her Majesty the Queen, 1016 1882. Windsor Branch, Intercolonial Railway. Chap. 16. 11 represented by the Hon. the Minister of Public Works of Canada, on the one part, and this Company of the other part, be approved, and that the president and secretary be autho- rized to execute the same in behalf of the Company. I certify that the above is a true copy of resolution passed this day by the directors of the Western Counties Eailv^ay Company. JAS. WENT. BINGAY, Secretary. Memorakdum of Agreement made the Sixth Day op September, A. D. ISTT, Between Her Majesty the Queen, herein represented by the Minister of Public Works of Canada, of the first part, and the Western Counties Railway Company , of the other part. Whereas by the Act of the Parliament of Canada, thirty- seventh Victoria (1874), chapter sixteen, the Grovernment of Canada may, prior to the completion by the said Company of the railway from Yarmouth to Annapolis, give possession to the said Company of the Windsor Branch of the Nova Scotia Railway mentioned in the said Act ; And whereas the said Company have requested the Grov- ernment to give possession of the same to them at once ; And whereas the G-overnment have agreed to comply ■with their request upon the following conditions : — Now, this agreement witnesseth that Her Majesty, by and with the advice of Her Privy Council of Canada, hereby gives to the Western Counties Eailway Company possession of the said Windsor Branch Line, and the said railway company accept possession thereof upon the terms following : — The Company to work it efficiently and keep the same in repair at their own proper cost and charges, collecting, re- ceiving and appropriating to their own use all the tolls and earnings of the same ; The said railway and appurtenances from Windsor to the trunk line shall be and become absolutely the property of the said Western Counties Railway Company ; That the said Company hereby engage to prosecute the work of building the railway from Yarmouth to Annapolis, and complete the same with all reasonable despatch, and the parties hereto hereby declare that if the same be com- pleted on or before the first day of October, 1879, it shall be considered to have been completed with all reasonable despatch ; and it is hereby agreed that if, on or before the said first day of October, 1879, the said railway from Yar- mouth to Annapolis be not completed, the said Company will on demand yield up and deliver to Her Majesty, Her successors and assigns, peaceably and quietly, possession of the said Windsor Branch Eailway and its appurtenances, 1017 12 Chap. 16. Windsor Branch, Intercolonial Railway. 45 ViCT, and that Her Majesty may enter into and repossess herself of the said branch railway and its appurtenances, without the let, hindrance or denial of the said Company, their suc- cessors or assigns or any other person or persons whom- soever ; That the said Company shall carry free of charge all passengers holding Goyernment tickets on all their passen- ger trains running between Halifax and Windsor Junction ; That the said Company or their agents or assigns shall have running powers over the Intercolonial Eailway, be- tween Halifax and Windsor Junction, with such privileges as have been hitherto granted in the agreement with the "Windsor and Annapolis Eailway. In witness whereof, the Minister of Public Works of Can- ada has hereto set his hand and the seal of the Department, and the secretary has countersigned these presents, and the said Company has hereto set its corporate seal, and the same has been countersigned by its president and secretary. (Signed) A. MACKENZIE. In presence of j (Signed) H. A. Fissiault. \ (Signed) F. BEAUN, Secretary. (L.S.) (Signed) GEO. B. DOANE, President, W. C. Ry. Co. JAS. WENT. BINGAY, Secretary, W. C. Ry. Co. (L.S.) (Signed) W. H. Moody. SCHEDULE D. T^his Indenture, made the 20th day of November in the year of our Lord one thousand eight hundred and seventy-nine, Between Her Majesty the Queen, represented herein by the Minister of Eailways and Canals of Canada, of the first part, hereinafter referred to as " the Government ;" and the " Windsor and Annapolis Eailway Company," hereinafter referred to as " the Company," of the second part ; Whereas the Government are about to take the necessary steps to recover from the Western Counties Eailway Com- pany possession of the railway commonly known and here- inafter referred to as the Windsor Branch, being so much of the Nova Scotia Eailway, with the branches, buildings, ap- purtenances and other conveniences thereto belonging or attached, as lie between the Windsor Junction (Intercolonial Eailway) and the junction of said Windsor Branch with the said Company's railway at or near Windsor ; and whereas it is expedient in the public interest that a tem- porary arrangement should be made with the Company 1018 1882. Windsor Branch, Intercolonial Railway. Ohap. 16. 13 respecting the traffic over the Windsor Branch, as soon as possession thereof has been taken by the Grovernment. Now the parties hereto hereby agree as follows : — 1. That as soon as such possession has been taken the O-overnment will permit the Company to use the said Windsor Branch, upon the terms hereof. 2. Either party hereto may terminate this agreeme'at by giving the other thirty days' notice in that behalf, and at the end of such thirty days this agreement shall terminate. 3. The Government will permit the Company, so long as they are entitled to use. the said Windsor Branch, under this agreement, to use to the extent required for their traffic, the trunk line of the Intercolonial Railway, which lies between the terminus at Halifax and the Windsor Junction, together with the station accommodation thereon, including engine shed accommodation for five engines, water supply, fuel, stages, turntables, signals, telegraphs, wharves, sidings and other conveniences ; but not including machine shops, build- ings and appliances for the repairs of rolling stock. 4. The Company shall run every day (Sunday excepted) between Halifax and Windsor, not less than two trains each way carrying passengers, and shall adopt the same tolls as at present levied, or such other tolls as may, from time to time, be approved of by the Grovernor in Council, and shall furnish and maintain its own rolling stock. 5. The G-overnment shall maintain in workable condition of repair the Windsor Branch and Trunk Line, including all the station accommodation and other conveniences thereon. 6. The Company shall, on the Windsor Branch, employ their own station agents, booking clerks, switchmen, watch- men, porters, signalmen and other servants for the manage- ment of the traffic. • 7. The Government shall, on the trunk line, employ all station agents, booking clerks, watchmen, signalmen, switch- men and other servants not provided by the Company under clause lY hereof. 8. The Company shall not, except with the concurrence of the Government, carry any local traffic between stations on the trunk line, but if so carried they shall charge the same tolls as may be charged by the Government. 9. The Company shall keep and render to the chief engineer of Government Railways in operation, an exact detailed account of all traffic carried by them over the Wind- sor Branch and trunk line. 10. The Company shall pay to the Government by way of commuted tolls monthly, one-third of the gross earnings from all traffic carried by them over the Windsor Branch aad trunk line. 11. All accounts between the Government and the Com- pany under this agreement shall be adjusted regularly at the end of each mouth and the balance struck and paid over 1019 14 Chap. 16. Windsor Branch, Intercolonial Railway. 45 ViCT. in cash, not later than twenty days after the end of each month. 12. The Company and the G-overnmenf' respectively shall at all reasonable times have access to and be allowed to in- spect all such books, papers and vouchers in possession of the other of them, as have reference to the accounts between them.' 13. All regular trains on the Windsor Branch and trunk line shall be run in the usual way by time-table, which time-table shall, in respect to the trunk line, be prepared by the chief superintendent of the Intercolonial Eailway on consultation with the Company's manager. The Super- intendent shall arrange for the arrival and departure of the trains of the Company at the times desired by the said manager, or as near thereto as practicable, and in this respect and in every other respect, the superintendent, the officers and servants of the Grovernment shall conduct the business and work the traffic of the Company and of the Grovernment with perfect impartiality and fairness. 14. With respect to special and irregular trains, in order to insure public safety, the Company shall use the trunk line in strict accordance with such rules and regulations as are now in use or as may hereafter be adopted and enforced by the superintendent. I'^imilar rules shall also be adopted and enforced by the said manager on the Windsor Branch, as far as necessary for the ■ guidance of officers and men engaged in maintenance of the railway. 15. The speed of the Company's trains on the trunk line and Windsor Branch shall not exceed the speed adopted by similar trains on the Grovernment railways in Nova Scotia. 16. The station agent and other servants of the Grovern- ment at Windsor Junction, shall receive and as far as prac- ticable carry out the instructions of the said manager in re- gard to the arrival and departure and working of the Com- pany's trains from or to the Windsor Branch, and he or they shall record in a book to be kept for that purpose, the numbers and particulars of all engines, carriages, trucks, cars or other vehicles passing through such junction, and shall make a return of the same daily to their respective owners. IT. The Company shall employ on the trunk line their own booking clerks, carting agents, carting staff or such other staff as they may deem necessary for the booking, collecting, checking, invoicing, receiving, delivering or forwarding their own traffic. And the Gi-overnment shall, so far as practicable, provide suitable and convenient ac- commodation for such servants and for the accommodation of such business. 18. The Company in using the trunk line shall, at all times, observe the regulations and by-laws for the time being in force thereon ; and the Grovernment in using the Windsor Branch, for the purpose of repairing and main- 1020 1882. Windsor Branch, Intercolonial Railway. Chap IG. 15 taming it, shall, at all times, observe the regulations and by-laws in force thereon. 19. In the event of the Company failing to operate, the railways between Halifax and Annapolis, or in the event of the Company failing to pay to the Grovernment the commuted tolls above provided for in accordance with the terms hereof, the Grovernment may immediately terminate this agreement. 20. It is hereby distinctly understood and agreed that this agreement is made without prejudice to, and shall not in any way affect the rights or liabilities of either party as they at present exist with respect to said "Windsor Branch ; and is made without prejudice to and shall not, except upon the question of damages, affect the litigation now pending in the Supreme Court of Nova Scotia between the Company and the Western Counties Hallway Company and Her Majesty's Attorney G-eneral for Canada, nor the petition of ■right filed by the Company in the Exchequer Court of Oanada, to which Her Majesty and the said Western Coun- ties Eailway Company are parties, nor any other litigation which the parties hereto or the Western Counties Railway Company may engage in with respect to any matters hap- pening prior to the date hereof. In witness whereof these presents have been signed by the Minister of Eailways and Canals of Canada on behalf of Her Majesty, and sealed with the seal of the Department and countersigned by the secretary, and have been sealed with the corporate seal of the Company and countersigned by their president. The corporate seal of the Company here- \ to affixed, and this indenture signed J (Signed) by Joseph Brave, of 3 and 4 Qreat f JOSEPH BEAYE, Winchester Buildings, London, Pres- ? President. ident of the Company, in the pres- i (L.S.) ence of / (Signed) W. E. CAMPBELL, Secretary of the Company. And of (Signed) JOHN K. JACOB HOOD, ) Directors of FEANCIS TOTHILL, \ Company. Signed by the Minister and by the ) (Signed) Secretary of Eailways and Canals, fCHAELES TDPPEE, in presence of I Minister of Railivays (Signed) H. A. Fissiault. ) and Canals. [L.S.] (Signed) F. BEAUN, Secretary. OTTAWA : Printed by Bkown Chamberlin, Law Printer to tlie Queen's Most Excellent Mnjesty. 1021 45 VIC, CHAP. 17. Preamble. An Act to encourage tlie construction of Dry Docks by granting assistance on certain conditions to Com- panies constructing them. [Assented to llth May, 1882.] FOR encouraging the construction of dry docks for the reception and repairing of vessels at places where they are required for the convenience of commerce : Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Conditions on which a subsidy may- be granted to a company constructing a dry dock. Amount and duration of subsidy. Proviso : further cGudi- tious of payment. 1» If any incorporated company approved by the Grover- nor in Council as having the ability to perform the work, enters into an agreement with Her Majesty to construct a dry dock, for the reception and repairing of vessels, at a place, and according to a plan and specification approved by the Grovernor in Council on a report of the Minister of Public Works, as sufficient for the requirements of the public at such place, and to be completed within a conven- ient time to be limited by such agreement ; then, provided the company performs the work according to such agree- ment, and to the satisfaction of the Minister of Public Works, under the supervision of whose department the work shall be done, the Grovernor in Council may authorize the payment out of any unappropriated moneys forming part of the Consolidated Eevenue Fund, of a subsidy not exceeding two per cent, per annum on the cost of the work during twenty years from the time of its completion and acceptance by the said Minister : Provided, that such sub- sidy shall not exceed ten thousand dollars per annum, and that the cost on which it shall be calculated shall not be greater than the value of the work as estimated by the said Minister ; and the subsidy shall not be payable for any por- tion of the said twenty years during which the dock shall not be in complete repair and working order. OTTAWA : Printed by Brown Chambeeldj, Law Printer to the Queen's Most Excellent Majesty. 1022 45 VIC, CHAP. 24. An Act Lo further amend the law respecting Building . Societies and Loan and Savings Companies carrying on business in the Province of Ontario. [Assented to VJth May, 1882.] WHEREAS it is expedient to make better provision for Preamble, the increase of the permanent capital of building so- cieties and loan and savings companies carrying on busi- ness in Ontario, and for the enabling of such companies to obtain capital from beyond the limits of the Province : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: — 1- Any permanent Building Society or Loan and Savings Power to Company carrying on business in the Province of Ontario ^""^^1* ''°^^'" may, at any time, and from time to time, by resolution to shares by a be passed by a vote of not less than two-thirds in value of ^^'irds in^"" all the shareholders of the company, given in person or by value of proxy, at any general or special meeting of the Company shareholders, duly called for considering the* same, increase the fixed and ppoTisions permanent capital of such societv or company, by the respecting issue of new stock of such amount and to be divided into ed capital, shares of such respective amounts and in such currency, and subject to such rules, regulations, privileges and con- ditions in all respects, and especially with regard to the amount to be paid on the subscription of any such shares and the time at which the balance shall be called up, and to the dividends to be paid thereon, as by the said resolu- tion may be directed, or, if no directions be given, as the Directors may think expedient : Provided always, that such P™yso, m to p T 1 n -I m ji T I n ii • j* allotment 01 new issue of shares shall be allotted to tne trien existing new shares, shareholders pro rata, as nearly as possible without frac- tions, but in case such new shares be not taken up within thirty days, then the said shares, or remaining shares, shall he disposed of as the directors may, from time to time, de- termine : 2. Provided further that, with respect to any new shares Proviso, as to issued under the provisions of this Act which have not been norpaid'^up paid up in full, the holder thereof shall, in respect thereof in fail- oe entitled only to as many votes, at general or special meetings of the society or company as the amount paid up 1023 Chap. 24. Building Societies, Sec, in Ontario. 46 ViCT. on such new shares held by him would represent in'fuUy paid up shares of the society or company, issued irrespective of this Act. OTTAWA : Printed by Bbown Ohambbelih, Law Printer to the Queen's Most Excellent Majesty. ^»i^ 1024 45 VIC, CHAP. 42. An A-ct concerning Marriage with a Deceased Wife s bister. [Assented to 11th May, 1882.] TTER Majesty, by and with the advice and consent of Preambia. -*-*- the Senate and Honse of Commons of Canada, enacts as follows : — 1. All laws prohibiting marriage between a man and the Bepeal of .sister of his deceased wife are hereby repealed, both as to Retroaction past and future marriages, and as regards past marriages, of repeal. as if such laws had never existed. ' 2. This Act shall not affect, in any manner, any case Cases decided •decided by or pending before any court of justice ; nor shall °n^cejj^£ it affect any rights actually acquired by the issue of the vested righta first marriage previous to the passing of this Act ; nor shall s^^e^i Se- this Act affect any such marriage when either of the parties has afterwards, during the life of the other, lawfully inter- '• married with any other person. OTTAWA : Printed bj Beown Ohambeelin, Law Printer to tlie Queen's Most Excellent Majesty. 65 1025 45 VIC. CHAP. 43. Preamble. Power to commute dues on steamers, &c. in the har- bor. An Act further to amend the Act respecting the Trinity- House and Harbor Commissioners of Montreal, [Assented tu 11th May, 1882.] TTER Majesty, by and with the advice and consent of th& -*--'- Senate and House of Commons of Canada, enacts as follows : — 1. The Harbor Commissioners of Montreal are hereby authorized and empowered to commute the dues and the duties payable by steamboats, elevators and other vessels of all descriptions, plying and working within the harbor of Montreal, in the same manner as they are at present authorized to commute the dues and duties payable by steamboats and other vessels plying between Montreal and any other place in the Eiver St. Lawrence. 2. The said Harbor Commissioners are further hereby empowered to make by-laws restricting the use of the main channels of the River tSt. Lawrence, at the points herein- " after mentioned, in whole or in part, as they may deem rafts'^and ' ^ expedient, by rafts, barges and other vessels of light draught, small vessels, requiring such barges, rafts and other light draught vessels^ except in case of accident or stress of weather or force of cur- rent, to make use of the channels of the river other than the deep water channels, and appropriating in whole or in part the said deep water channels to the exclusive use of large vessels, — defining the classes of the vessels to be aifected by such by-laws in such manner as they may deem expedient : and the portions of the said River St. Lawrence, in respect of which such restrictive by-laws may be made, are the following, viz. : — 1. The portion of the said river at and near Point-aux- Trembles {en haut) ; 2. The portion of the said river lying at, between and near Varennes and Pointe Marie ; 3. The portion of the said river through which the channel known as the Contrecoeur channel passes ; 4. The portion of the said river lying between the upper end of the St. Francis bank, in Lake St. Peter, and the English bank in the same lake ; 1026 To restrict the use of certain chan- nels of the Eiver St. 1882. Montreal Harbor Commissioners. Chap. 43. 2 5. The portion of the said river at and near Port St. Francis ; 6. The portion of the said river at, between and near Batiscan and Cape Charles. 3. The said Harbor Commissioners are also authorized To reguiats and empowered to make by-laws for the control and manage- *<"^-'^o^'s- ment of tow-boats in the Harbor of Montreal: 4. The said Harbor Commissioners are also hereby fur- To make ther empowered to make arrangements with the several ^"tt"^^;^"? railway companies having communication with the companies harbor of Montreal, for increased facilities for conveying ^°' certain to and from vessels in the harbor, freight carried by such l'"''P°^®°' railways, and for making connections between such railways eastward and westward, — to enforce such arrangements when made, and for that purpose to make by-laws providing for such enforcement thereof. 5» The by-laws hereby authorized to be made may be, By-iawa and from time to time, amended or repealed, and others enacted mTde aad'^"''^ in their stead, and shall have force and effect, and shall enforced, require ratification and confirmation by the Governor in Council, in the manner provided by the Statutes in force respecting the said harbor, with respect to the by-laws thereby authorized to be made and passed ; and such by-laws ■ may, in like manner, provide for penalties to be imposed for the violation of the same. And all dues and penalties piiotage Act j; imposed by such by-laws, or by or under the authority of °^ i^''^- I" the Pilotage Act, 1873," in respect of any offence within the jurisdiction of the Harbor Commissioners of Montreal, or by any by-law duly made by the said Harbor Com- missioners, and in force under the authority of the said ^'Pilotage Act, 18*73," may be recovered in the manner prescribed by the tenth section of the Act of 'the Legislature Act of Pro- !: of the late Province of Canada, passed in the eighteenth year ^"^^^ '?oTT Tv/T'ii ■ 1 1 TIT Pill naua. 1885. I 01 Her Majesty s reign, chapter one hundred and forty -three. OTTAWA: Printed by Brown Chambeki.in, Law Printer to the Queen's Most Excellent Majesty. 66J 1027 45 VIC, CHAP. 44. An Act to make further provision for the improvement of the River St. Lawrence between Montreal and Quebec. [Assented to 11th May, 1882.] Preamble. TTER Majesty, by and with the advice and consent of the -■-■- Senate and House of Commons of Canada, enacts as follows : — Sum to be raised by loan and advanced for the Im- provement of the River St. Lawrence between Mon- treal and Quebec. !• It shall be lawful for the Governor in Council to raise by the issue of debentures, in the manner prescribed by the Act thirty-sixth Victoria, chapter sixty (except as to the rate of interest, which shall not exceed four per cent, per annum), a further sum not exceeding two hundred and eighty thou- sand dollars, to be advanced to and applied by the Montreal Harbor Commissioners from time to time in meeting the expenses incurred and to be incurred by them in completing the dredging and deepening of the ship channel of the River St. Lawrence, between Montreal and Quebec, subject to the payment to the Receiver G-eneral of interest on the sums so raised and advanced, at the rate of four per cent, per annum. OTTAWA Printed by Beown Chambeehn, Law Printer to the Queen's Most Excellent Majesty. 1028 45 VIC, CHA.P. 45. A.n Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbor of Montreal. [Assented to 11th May, 1882.] TTER, Majesty, by and with the advice and consent of the Preamble. •*-*- Senate and Honse of Commons of Canada, enacts as follows : — !• The Act of the Legislature of the late Province of Repeal 9f Act Canada, passed in the twenty-sixth year of Her Majesty's of CanadT^ reign, chapter fifty-two; the Act of the said Legislature, 26 v., c, 52, passed in the twenty-ninth year of Her Majesty's reign, g^^.J'',''; ■''^' chapter fifty-nine ; the first and second, and the fifth, sixth^ 5, 6,'? of 36 and seventh sections, so far as they relate to the harbor of J^'y ■ ^^'33°^ Montreal, of the Act of the Parliament of Canada, passed in ' ■ • the thirty-sixth year of Her Majesty's reign, chapter eleven ; and the Act of the said Parliament, passed in the thirty- seventh year of Her M ajesty's reign, chapter thirty-three, are, and each of them is hereby repealed; save and except Exception as that the port warden of the harbor of Montreal, the deputy ^ar^^eu'^and port warden of the said harbor, and the board of examiners deputies appointed under the said last mentioned Act, shall continue to hold their respective offices until their successors have been appointed under this Act 2. There shall continue to be, at the city of Montreal, an officers con- officer who shall be designated the port warden of the har- tinned. hor of Montreal, and such number of deputy port wardens as the Council of the Board of Trade at Montreal shall deem necessary for the business of the harbor ; and any power. And their function, or duty conferred or imposed by this Act upon the powers- port warden, may be elfectually exercised and performed by any deputy port warden, under the general supervision of the said port warden. 3. The Council of the Board of Trade at Montreal shall Couiuiii^ annually appoint five persons, who shall constitute a board ^."^^g \^ of examiners, who shall examine all candidates for the apijoint ex- offices of port warden and deputy port warden, when any g™ ^idates appointment to either ofiice requires to be made, and shall for office. Import the result of such examination to the said council, whereupon the said council, acting for and on behalf of the 1029 Chap. 45. Port Warden, Harbor of Montreal. 45 ViCT ^j.PPoj°t™ent Board of Trade at Montreal shall recommend to the Grovernor Warden. in Gouncjl, for appointment to the office of port warden of Montreal, one of such persons as shall be reported by the said board of examiners as being a fit and proper person to be such port warden ; and thereupon such person may be appointed to the said office by the Governor ; and the Council of the Board of Trade shall appoint to the office of deputy port warden such person or persons, from among those reported by the said board of examiners as being fit and proper persons for the said . office, as the said council' shall deem expedient. And of deputies. 4. Council of Board of , Trade to have nave Buperviaiou. Their action on com- plaints The Council of the Board of Trade at Montreal shall the control and supervision of the office of port warden, and if any complaint be made to them of the con- duct of any port warden or deputy port warden in the per- formance of his duties, they shall investigate the same ; and if the complaint be against the port warden and is, in the opinion of the said council well founded, and if in their opinion the circumstances require it, the said council shall report their decision to the Governor in Council, who may remove such port warden from office, after the examination of the report, and appoint a successor in the manner here- inbefore provided for , but if such complaint be against any deputy port warden, and the said council shall be of opinion that the same is well founded, such deputy port warden may be removed by the said council in their discretion. r^'^li^tl ^u f ^' '^^® board of examiners shall make by-laws, rules and offce, how to regulations for regulating the office of port warden and the performance of his duties, and of those of the deputy port wardens ; and may from time to time repeal and amend such by-laws, rules and regulations ; but the same shall have no force or effect until approved by the Council of the Board of Trade, — which shall have the right to confirm the same, either with or without amendment ; and a copy of such by-laws, rules and regulations, certified by the secretary of the Board of Trade, shall be prima facie evidence in all courts in Canada that the same were duly passed and are in force. be made and confirmed. Proof thereof. Oath of office, Form. tt. The person so appointed to be port warden shall, before acting as such, take and subscribe the following oath of office, before some justice of the peace for the district of Montreal, who is hereby empowered to administer the same : — " I, A. B., do solemnly swear that I will faithfully and impartially, to the best of my judgment and ability perform the duties of the office of port warden of the harbor of Montreal, without fear, favor or affection for any person or party whomsoever : " 1030 1882. Port Warden, Harbor of Montreal. Chap. 45. 3 And after taking and subscribing the said oath of office he pu'^''"^^ shall deposit the same with the secretary of the Board of Trade, who shall be the custodian thereof. And each Deputies' -deputy port warden, upon his appointment, shall take and °**°- subscribe, before a justice of the peace, a similar oath, and shall likewise deposit the same with the secretary of the l^oard of Trade. 7. The port warden shall receive no fees whatever, other S^Y*^""^* than such as strictly appertain to the business of his office ; all such fees shall be recorded in his books and duly credited to the office ; and he shall make a certified annual return to Yearly retura the Council of the Board of Trade at Montreal, of the receipts ^^^^^°i- and expenses of his office, within seven days after the thirty- first day of December in each year. 8. The port warden shall keep an office open on lawful Port War- days from seven a. m. till six p.m. during the season of books°&r' navigation ; and from ten a. m. till three p. m. during the remainder of the year ; and shall have a seal of office, and the necessary books in which all his acts as port warden, and those of his deputies, with their fees of office, shall be recorded in such manner as the by-laws, in that behalf made and in force, shall direct. *• The master of every sea-going vessel arriving with Masters of cargo in the port of Montreal, which has not previously gefs^arrmnt^" legally broken bulk during the voyage at any port in in Port to Canada, shall notify the port warden to be present at ^ard^en*"^* the opening of the hatches of such vessel ; and imme- diately on the discovery of any damage to the cargo, shall Proceedings request him to survey the same, with the view of ascertain- -g foun'd to^be ing the nature, cause and extent of such damage, before such damaged, damaged cargo shall be removed from the place in which it was originally stowed, — though, for the purpose of full and complete investigation, the port warden may cause the cargo so damaged to be discharged and removed to any wharf or warehouse: and should the port warden not be if the Port so notified and requested to be present and survey such cargo ^t'^noygg^ as aforesaid, and the said cargo or any part thereof should be and the cargo landed from on board such vessel in a damaged condition, '^ landed in a. these facts shall be prima facie evidence that such damage dition. occurred in consequence of improper stowage or negligence on the part of the persons in charge of such vessel ; and unless the contrary be shown by the master or owners of •Such vessel, the burden of which shall be upon him or them, he or they shall be liable for such damage. 1®» Upon notice and request to the port warden by any Port Warden party interested, the port warden or one of his deputies "ngpe^tgto^- shall proceed, in person, on board of any ship, steamer or age or dam- «ther vessel, for the purpose of examining the condition and aged goods j 1031 4 Chap. 45. Port Warden, Harbor of Montreal. 45 ViCT. his duty in stowage of Cargo ; and if there be any goods damaged on board such vessel, he shall enquire, examine into and ascer- tain the cause or causes of such daraage, and make a memo- randum thereof, and enter the same in full on the books of his office. Further pro- H. Upon notice and request to. the port warden by any examinatioii party interested, the port warden or one of his deputies of damaged shfill proceed in person to any warehouse, dwelling or whartj so°^^- and examine any merchandise, package, material, produce or other property said to have been damaged on board of any vessel, first notifying the master, agent or other represen- tative of such vessel thereof, and shall enquire and examine into and ascertain the nature, cause and extent of such damage, make a momorandum thereof, and record in the books of his office a full and complete statement thereof ; Experts may and the port warden shall be entitled, to call in one or two ^'^ ^ ■ experts in his discretion, who shall assist him in such sur- Report. vey, and who shall make and sign a report on the same to be kept in the office of the port warden, and who shall, for Fee aud costs, such service, be entitled to a fee not exceeding five dollars each — nor shall the total cost of such survey, in any case, exceed fifteen dollars, which shall be paid by the party or parties calling for such survey ; and such cost shall be a lawful charge against any person liable for such damage to notice of ^^® party calling for such survey : Provided always, that survey. such party shall notify the person so liable, his agent or representative (if he be resident or have a place of business in Montreal) of the intention to hold such survey, and of the time and place thereof. vessri^having ^^' '^^® P''^*' Warden shall, when required by any party sustained interested, survey any vessel within the harbor of Montreal Bn'et^to pro- which may have suffered damage or which is asserted by ceed on her such party to be unfit to proceed on her voyage ; he shall voyage. examine the hull, spars, rigging and all appurtenances thereof, shall specify what damage has occurred to them or any of them, aud the condition thereof and of such vessel at the time of such survey, and record on the books of the office a full and particular account thereof : he shall call to his Assistance of assistance, if he deems it necessary in any such survey, one fees^Vc' ^^^ o'" ™oi'6 carpenters, sailmakers, riggers, shipwrights, or other persons skilled in their profession (who . shall each be entitled to a fee not exceeding five dollars forthe first survey^ and two dollars for each subsequent one on which their services may be required), to aid him in such examination and survey ; but no person shall be chosen as such surveyor or expert who is interesfed in the result thereof. The port Report as to warden shall also, if required, be surveyor of, and report quired! ^^ upon the repairs necessary to render such vessel seaworthy : and his certificate that such repairs have been properly made shall be privid facie evidence that the vessel is sea- 1032 1882. Port Warden, Harbor of Montreal. Chap. 45. 5 worthy : Provided, that in case of a wreck or serious dam- Proviso: in age he shall call upon the regular surveyor or representative damage!"""* of Lloyd's, or other similar association, if any such person is available, under vrhich such ship carries a certificate of classification, to act with him upon such survey. IS. The port warden shall have cognizance of all mat- Survey of ters relating to the survey of sea-going vessels and their ^eBseil^and cargoes arriving in port damaged, and shall make a memo- cargoes. randum thereof, and enter the same in full in the books of his office, and, when requested, shall, on payment of the regular fee, give certificates of such surveys. 14. The master of every vessel intending to load grain, Duty of wholly or partly in bulk, for any port not within the limits masters of of inland navigation, shall have such vessel inspected and tending to surveyed by the port warden when ready to be, but before 1°'^,^ ^''^j° l" it is being dunnaged for such grain ; and the port warden, Port'warden in such case shall ascertain whether such vessel is in a fit '^"^ such case, state to receive and carry such grain to its destination ; he shall record in his books the condition of the vessel ; if he finds she is not fit to carry such grain in safety, he shall state what repairs are necessary to render her sea-worthy ; and before any such grain is taken on board of such vessel, while the different chambers are being prepared, he shall, from time to time, inspect and survey the same ; before the loading of any chamber is commenced he shall see that such chamber is in a fit and proper state and condition to receive grain, and furnished with such shifting boards as he may deem necessary ; and he shall see that the boards and planks used for lining and other purposes are properly seasoned ; he shall examine the pumps and see that they are properly lined and dunnaged ; he shall enter in the books of his office all particulars connected with these surveys, and grant the necessary certificates ; and he shall make such orders as he Power to deems fit, in respect of all the matters and things referred ™ry^(,r^err to in this section ; and if such order be not properly obeyed by the master or person in charge of such vessel, he shall deliA'er the same in writing to such master or other person in charge ; and if not thereupon complied with he How en- shall notify in writing such master or person in charge to ^^'^^ ' desist from loading such vessel, and such vessel shall there- upon be held to be unseaworthy, and unfit for the carriage of grain, and no certificate or clearance shall be granted to her. And he shall enter in the books of his office all his Record of acts, and all particulars connected with the matters and P™*^^** '"S^- things provided for by this section, and shall grant certifi- cates of the due performance of his directions in respect thereof. 1»« It shall be the duty of the port warden, when His duties as required, to decide if any and what amount of dunnage is *" dunnage. 1033 € Chap. 45. Port Warden, Harbor of Montreal. 45 ViOT. necessary below cargo, and also between wheat and other grain, and the cargo to be stowed over it ; and his certificate shall be primd facie evidence of the good stowage of the cargo so far as these points are concerned. No clearance if found unfit for sea. Further ex- 16. The master of every vessel loading at the port of brfo°e dear- Montreal for any port not within the limits of inland navi- ance. gation, shall, before proceeding on his voyage, or clearing at the Custom house for the same, notify the port warden, whose duty it shall then be to proceed on board such vessel and examine whether she is in a fit state to proceed to sea or not ; if she is found unfit, the port warden shall state in what particulars, and on what conditions only she will be deemed in a fit state to leave, and shall notify the master not to leave the port until the required conditions have been fulfilled ; and in case of the master refusing or neglect- ing to fulfil the same, the port warden shall notify the collector of Customs, in order that no clearance may be granted for the vessel until such required conditions have been fulfilled, and a certificate thereof granted by the port warden or his deputy. No clearance 17. ]^o officer of Customs shall grant a clearance to any tificate of'" Tessel for the purpose of enabling her to leave the port of Port Warden Montreal for any port not within the limits of inland navi- or IS eputy. gg^tion, unless nor until the master of such vessel produces to him a certificate from the port warden or his deputy, to the eifect that all the requirements of this Act have been fully complied with ; and if any vessel attempts to leave the port of Montreal without a certificate of clearance, for any port not within the limits of inland navigation, any officer of Customs, or any person acting under the direc- tion of the Minister of Marine and Fisheries, or the chief officer of the river police, may detain such vessel until such certificate is produced to him. Estimate of value of vessel. 18. The port warden shall, when required, estimate the A^alue of any vessel, being at the time in the harbor of Mon- treal, when the same is in dispute or otherwise needed, and shall record the same in the books of his office. Auctioneer selling con- demned ves- sels, &c., to notify Port Warden. 19. It shall be the duty of every auctioneer making a sale of any vessel condemned, or ships' materials, or goods damaged on board a ship or vessel, whether sea-going or of inland navigation, for the benefit of underwriters or others concerned, in the city of Montreal, to file an account of such sale at the office of the port warden within ten days after such sale : no sale for account of underwriters shall take place until after at least two days' public advertisement, in not less than two English and one French newspapers, in the city of Montreal, except in such special cases*as herein- after provided for, and such sale shall not be at an hour 1034 1882. ^ Port Warden, Harbor of Montreal. Chap. 45. *7 earlier than eleven, nor later than three o'clock in the day ; but if the goods or effects to be sold are in such a condition Proviso: aa as to be subject to rapid deterioration from delay, the port {°afie°tod warden, upon the application of an interested party, may teiioratioa. make an order for a sale thereof, after such notice and delay as he may deem for the interest of all concerned, — duly recording such application, and his order thereon, in the books of his office. 20. No goods, vessels or property, alleged to be damaged Survey before on the voyage to the said port, shall be sold as damaged for ^*'^- account of underwriters unless a regular survey and con- demnation has previously been had ; and the port warden shall, in all such cases, be one of the surveyors. 21. If required by all parties interested, in a memoran- Arbitration dum in writing signed by them, the port warden shall t«tween hear, aibitrate upon, and determine any matter in dispute consignee. between the master or consignee of any vessel or ship, and any proprietor, shipper or consignee, of any part of the cargo thereof, — and for that purpose shall have the power of hear- ing the parties and their witjiesses upon oath, and of admin- istering such oath ; and his award in the premises shall be A-srard and final ; and he shall enter a note of the reference to him, and ''^''°^^- his award thereon in full in the books of his office. 22. If the consignee of a vessel or cargo cannot be found Power to or communicated with, the port warden may, in any case J.g'J'^^lP™" m which he thinks it right and necessary so to do, initiate proceedings and hold surveys, and obtain process, as if required by the parties concerned, under the provisions of this Act. 23. AH notices, requests or requirements, to or from the Notices to port warden, must be given in writing in an intelligible ^"i^^^^anie form, and signed by the party making the same, or by some concern^ed"! '^ one duly authorized on his behalf, and be delivered within a reasonable time before action is required ; and before pro- ceeding to' act in the performance of any duty imposed upon him by this Act, the port warden shall ascertain that notice thereof has been given to the parties interested, and, if not, shall himself cause reasonable notice thereof to be given to them ; and the nature and extent of the notice required in Subject to all cases coming under the jurisdiction of the port warden ''J'-i^"^^. may be, from time to time, regulated by the by-laws, rules and regulations made as hereinbefore provided. 24. The port warden shall, on the application of any Port Warden person interested, and on payment of the proper fee, furnish ex,^a™3°froni to such person extracts from the books of his office, certified his books, &c. "Y him to be correct extracts, and sealed vpith the seal of his office, respecting any matter recorded therein, and also loas Chap. 45. Port Warden, Harbor of Montreal. 45 ViCT. How certified and effect as evidence. Port Warden exempted from attend- ing as witness except in Montreal, during navi- gation season. certified copies of any original documents filed in his office, — which certified copies shall be prima facie evidence of the contents and execution of the originals thereof: and all such extracts so certified under the hand of the port warden or his deputy, and under the seal of his office, purporting to contain copies of entries recorded in his books, shall be re- ceived as primd facie evidence of the existence and contents of such entries, in any court in the Dominion. And the said port warden shall not be required during the season of open navigation to leave the port of Montreal to give evi- dence before any court, nor for any other purpose whatever, except with the consent of the Council of the Board of Trade ; and in case of his evidence being required before any court in the city of Montreal, he shall be entitled to a fee of five dollars for each and every attendance at such court, — nor shall he be required on any one day to absent himself from his office for more than three hours. To supply 25. The port warden shall, on application, supply once regulations. ^^ ^a.cla. year, to every master of a vessel arri^ang in the port of Montreal, a copy of the by-laws, rules and regulations relating to the office of port warden. As to appli- cation of rules of Lloyd's. 26. The by-laws, rules and regulations respecting the office of port warden shall declare to what extent the regu- lations of Lloyd's shall be applicable to the harbor of Mon- treal, and to what extent the port warden and his deputies shall be governed by such regulations. Appeals from decisions of Port Warden. 27. If any person interested is dissatisfied with any deci- sion of the port warden (except in cases of arbitration), such party may appeal to the Board of Trade, by addressing and delivering to the secretary of the Board of Trade a statement Proceedings, in writing of the matter complained of ; and thereupon it shall be the duty of such secretary forthwith to summon a meeting of the said board of examiners, who, or not less than three of them, shall immediately investigate the matter complained of and, after hearing the parties, the determi- nation, or that of a majority of them, made in writing, shall be final and conclusive. The party against whom the ex- aminers shall decide shall pay all the expenses of such appeal, and the examiners shall determine the amount thereof, which shall not exceed ten dollars. Costs; Council of Board of Trade may make tariff of fees. 28. The Council of the Board of Trade at the city of Montreal may, from time to time, upon the recommendation of the board of examiners or otherwise, establish a tariff of fees to be paid to the port warden, for services performed by him and his deputies, by the masters or owners of sea-going vessels, and by others in respect of whom the duties of the said port warden are required to be performed, — which tariff, being first approved of by the Grovernor in Council, 1036 1882. Port Warden, Harbor oj Montreal. Chap. 45. shall be in force until repealed or altered by the said Coun- *^°'.|° ^°^'^^ cil of the Board of Trade, — as it may be at any time, with proved by the approval or by the order of the G-overnor in Council ; GoTemor in but such fees shall not exceed the rates hereinafter men- „°"°'iV ., , . in,-, Rates limited tioned, that is to say : — 1. Foi every survey and certificate thereof by the port Surveys. warden, of the hatches and cargo of any vessel, or of the hull, spars and rigging thereof, or the survey of damaged goods, a fee, including the certificate thereof, not exceeding- eight dollars each ; 2 For every valuation of a vessel for average, and every valuations. inspection of a vessel intended to load, a fee to be graduated according to the tonnage of such vessel, but not in any case to exceed ten dollars ; 3. For hearing and settling disputes of v^'hich the port Settling dis- warden is authorized to take cognizance, and for the fees on P"'®'' appeal to the board of examiners, a sum to be graduated according to the value of the thing or the amount in dis- pute, but in no case to exceed ten dollars ; 4. In addition to the fees hereinbefore authorized to be other ser- taken for services performed by the port warden or his ^"^^^' . deputies, the following fees and charges shall be paid by the shippers of the following articles from the port of Mon- treal in sea-going vessels, that is to say : — ON FLOUR. On all flour shipped from the said port, a fee not exceeding seventy-five cents for every thousand barrels, with a propor- tionate charge for every fractional quantity thereof; ON ASHES. On all ashes shipped from the said port, a fee not exceed- ing two cents per barrel ; ON CATTLE AND HORSES. On all cattle and horses shipped from the said port, a fee not exceeding one and one-half cents per head ; ON SHEEP AND PIGS. On all sheep and pigs shipped from the said port, a fee not exceeding one-quarter of one cent per head ; ON SAWN LUMBER. On all sawn lumber shipped from the said port, a fee not exceeding one-half cent per thousand feet ; ON DEALS. _ On all deals shipped from the said port, a fee not exceed- ing two cents per Petersburg standard hundred ; 10 Chap. 45. Port Warden, Harbor of Montreal. 45 ViCT. ON STAVES. On all pimcheoTi and West India staves shipped from the said port, a fee not exceeding eight cents per mille, and on all pipe staves a fee not exceeding thirty cents per mille ; PHOSPHATES. On all phosphates shipped from the said port a fee not exceeding one cent per ton weight,; Natural pro- ductions. Other non- enumerated articles. Governor in Council may alter fees. And the Council of Board of Trade, with- out Govern- or's consent. ON OTHEK ARTICLES. On other articles not herein enumerated, being natural prodiTctions, two cents per ton weight, or ton measurement ; On all other articles shipped from the said port, and not hereinbefore enumerated, a fee not exceeding six cents per ton weight or ton measurement, and the same fee on all quantities or parcels of such other articles exceeding in the whole shipment half a ton, thotigh not amounting to one ton weight or measurement ; but no fee shall be charged in respect of such other articles for any shipment not amount- ing to half a ton, or for any fractional part of a ton in any shipment exceeding one or more tons ; Fees apportioned for particular services must be approved by the Grovernor in Council ; The foregoing maximum rates, comprehending the port warden's fees for the incidental proceedings, certificates and copies, may be altered and apportioned, and the particular service distinguished and the fees therefor assigned, and the person by whom the same shall be paid, may be indicated in such way as the Council of the Board of Trade may from time to time appoint ; and all rates so established shall be subject to the approval of the Governor in Council, who shall have power from time to time to reject or modify and alter such fees and rates : Provided however, that the said Council of the Board of Trade may, from time to time, reduce any one or all of the fees and rates before mentioned, with- out obtaining the sanction of the G-overnor in Council as aforesaid. Remunera- tion of Port Warden and deputies and office expen- ses to be fixed by Board of Trade and paid out of receipts. Security to be given by Port Warden and deputies. 29. The -Council of the Board of Trade shall fix the re- muneration of the port warden and that of his deputies, and his expenses of office or otherwise, out of the receipts of his office, as it may, from time to time, determine ; and for any period during which the port warden may be paid by salary, the balance, if any, which may appear by his certi- fied annual return to be in his hands, over and above his salary, that of his deputies and his expenses of office, shall be forthwith paid by the said port warden to such person as the Council of the Board of Trade shall depute to receive the same ; and the said port warden and his deputies, whfln required so to do, shall furnish such securities for the faith- 1038 1882. Port Warden, Harbor of Montreal. Chap. 45. 11 ful performauce of the duties of their respective offices as the Council of the said Board of Trade shall deem adequate. 30. The penalty for everj'- infringement or breach, on the Penalties for part of a master or owner of a vessel, of the fourteenth section tion oflc't. of this Act, shall be eight hundred dollars ; and for every infringement or breach of the twentieth section thereof, shall be twenty dollars : 2. Every such penalty as aforesaid shall be recoverable in How to be the manner prescribed by " The Interpretation Act " in cases an'dlp^pfied. •where penalties are imposed, and the recovery not otherwise provided for : and the whole of any pecuniary penalty im- posed by and collected under this Act shall belong to the Crown, and shall be paid over to the Eeceiver G-eneral, on receipt of the same, by the Council of the Board of Trade, and shall be appropriated in such manner as the Grovernor in Council may direct ; but payment of such penalties shall not, ^"J'*^'.'^'' in any way, diminish the liability of any ship, ship-master offender." or other person, for the consequences of any thing done by him or his representatives in contravention of this Act. 31. The Council of the Board of Trade shall yearly, '^'^^ly. '',<^P°'^* within seven days after the first day of January, transmit Marine and to the Minister of Marine and Fisheries, a report of the btisi- Fisheries, ness done in the office of the port warden, and of his receipts and expenditure in respect thereof, and of all moneys which may have been received from time to time by the board, as arising from fees of office, and then in the hands of the said board, showing also how such moneys are invested, in such manner and form as the jMinister may direct ; and for that purpose shall have power from time to time to call ^yi™% ^^' ^ upon the port warden to make up and furnish to the said iuforma'ion. Council, such returns, accounts and information as the said Council may require. 32. The proceeds of the fees and rates collected under Application this Act, shall be applied by the said Board of Trade solely rates'and fcc-s, to the purposes mentioned in the twenty-ninth section of for the pur- this Act, and other purposes necessary and incident to the Act onij-. '^ efficient working of this Act, as shall also any mone}^ now or hereafter in the hands of the said board, arising from rates and fees under this Act, or the Acts repealed by it, or any interest on such moneys ; and if at any time it should Board^iu become apparent that the proceeds of the rates and fees of excess herein mentioned, with the interest on any such moneys as aforesaid in the hands of the board, are and probably will be more than sufficient for the purposes aforesaid, it shall be the duty of the said board to reduce any or all of the said rates and fees accordingly, and again to increase them or any of them, with the sanction of the G-overnor in Council, if they become insufficient for the said purposes. OTTAWA: Printed by Brown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 1039 in ca3& Preamble. 45 VIC, CHAP. 47. An Act farther to amend the Acts to provide for the im* provement and management of the Harbor of Quebec. [Assented to 11th May, 1882.] |_| EE; Majesty, by and with the advice and consent of -'-'- the Senate and House of Commons of Canada, enacts as follows : — Sum to be 1. It shall be lawful for the Grovernor in Council to raise, Ttde^diuse"™' ^y ^^® issue of debentures, in the manner prescribed by the c. 62, and ' Act thirty-sixth Victoria, chapter sixty-two (except as to the thJcTuebec' ■""^^^ ^^ interest, which shall not exceed four per cent, per an- Harbor Com. num), a further sum not exceeding three hundred and com^i°te'Ver- seventy-five thousand dollars, to be advanced from time to tain worka. time to the Quebec Harbor Commissioners, to enable them to construct the cross- wall and lock necessary to render avail- able as a wet dock the dock constructed by them at the mouth of the River St. Charles, and to pay the balance of ' the cost of the said dock, subject, as to the payment to the Receiver jQ-eneral of interest on the sums so advanced at the rate of four per cent, per annum and a sinking fund of one per cent, per annum, to the provisions of the Act above Proviso: for cited: Provided always, that the plans for such cross- wall and^^a** rorai ^^*^ lock, after being prepared by the engineers of the Public of plan, and Works Department, shall be- subject to the approval of the f ' *th°°°*'^k°* Grovernor in Council, and that public tenders for the said works shall be called for, and the contract awarded by the Governor in Council. OTTAWA : Printed by Beown Chambkblin, Law Printer to the Queen's Moat Excellent Majesty. 1040 45 VIC, CHAP. 49. An Act to amend the Act thirty-fifth Victoria, chapter forty-two, respecting the appointment of a Harbor Master for the Port of Halifax. [Assented to 11th May, 1882.] IN amendment of the Act passed in the thirty-iifth year of Preamble. Her Majjesty's reign, intituled : "An Act to provide for the 35 T., c. 42. appointment of a Harbor Master for the port of Halifax," Her Majesty, by and with the advice and consent of the Senate a,nd House of Commons of Canada, enacts as follows : — !• The seventh section of the said Act is hereby repealed Sect. 7 re- and the following is substituted therefor, and shall be read v^^^^^- and have effect as the seventh section of the said Act : — "7. The harbor master for the port of Halifax shall be New Sect. 7. remunerated for his services solely by the fees, or the por- tiou of Har- tion hereinafter mentioned of the fees, which he may, from ^or Master time to time, be authorized, by the rules and regulations to °" ° ^^^' be made as hereinbefore provided for, to collect in respect of all ships over twenty tons register, entering the port of Halifax, but which shall not at any time exceed the follow- Rat«s of fees. ing rates, that is to say : — For every ship over twenty tons and not over fifty tons legister, fifty cents ; For every ship over fifty tons and not over one hundred tons register, one dollar ; For every ship over one hundred tons and not over two iundred tons register, one dollar and fifty cents ; For every ship over two hundred tons and not over three ; iundred tons register, two dollars ; For every ship over three hundred tons and not over four hundred tons register, two dollars and fifty cents ; For every ship over four hundred tons and not over five hundred tons register, three dollars ; For every ship over five hundred tons and not over seven iundred tons register, four dollars ; Por every ship over seven hundred tons register, five ■dollars : Ships of twenty tons register and under shall nol be sub- Small ships ject to any duty under this Act, nor ships engaged in trad- exe^mpted^'^* ing or plying between ports and places in the Dominion." 66 1041 2 Chap. 49. Harbor Master, Port of Halifax. 45 Vict. Sect.. 9 2. The ninth section of the said Act is hereby repealed repea e . ^^^ ^^^ following is substituted therefor, and shall be read and have effect as the ninth section of the said Act : — wiT ^^h*' ^' " ®* ^^*^^ ^®®^ ^^ aforesaid shall be payable only once in said tees shall each Calendar year (that is, the year commencing on the be payable, fixst day of January and ending on the last day of Decem- ber), on any ship' not exceeding one hundred tons registered tonnage, and not more than twice in each calendar year on any ship exceeding one hundred tons registered tonnage ; On ships not that is to say, on any ship of one hundred tons or under, over ons. j-ggistered tonnage, the fee shall be payable on her first time of entering the port of Halifax during any calendar year, but not on any subsequent time of her entering the said On ships over port during the same calendar year ; and on any ship of 100 tuns. iQore than one hundred tons registered tonnage, the fee shall be payable on the first and second times of her enter- ing the port of Halifax during the calendar year, but not on any subsequent time of her entering the said port during No clearance the said Calendar year ; and the collector or principal officer pa^d! ^^^^ °^ Customs thereat shall not permit any ship on which fees are payable as aforesaid to clear or report outwards at the Custom house until the master thereof produces to him a certificate of the payment of fees under this Act." OTTAWA : Printed by Browk Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 1042 45 VIC, CHAP. 50. An Act to amend the Act respecting the Harbor of North Sydney, in Nova Scotia. [Assented to 11th May, 1882.] IN amendment of the Act passed in the forty-second year Preamble, of Her Majesty's reign, chaptered thirty, and intituled, 43 v., c. so. "An Act respecting the Harbor of North tiydney, in Nova Scotia : " Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — !• The Commissioners of the Harbor of North Sydney, The Harbor aforesaid, appointed by the Grovernor in Council under and Commission- by virtue of the said Act hereby amended, are hereby made und*r^42 v?, and constituted a body corporate and politic by the name of *• ^°j onati- '■ The Harbor Commissioners of North Sydney," and by that poratiou.°"^' name may sue and be sued, may have a common seal, and may, by and with the sanction and consent of the Grovernor Powers, in Council, purchase, acquire and hold land and lands covered by water, rights, privileges, easements and appur- tenances in connection with lands, for them and their suc- cessors in office, within the limits of said harbor designated Local limits in section thirteen of the Act aforesaid, as they shall deem i^owere may necessary and requisite, for the sole purpose of the mainten- be exercised, ance and improvement of the said harbor, the erection of breakwaters or ballast wharves, and the carrying out of the provisions of said Act. 2« The said Commissioners may take, use, occupy and hold, Beach may but not alienate, so much of the beach or beaches of said * °°^ ' harbor as may be required for the carrying out of the pro- visions of said Act, paying therefor as provided in this Act, and subject to the sanction and consent of the Grovernor in Council. 8. In case of disagreement between the said Harbor Arbitration jCommissioners and the owners, proprietors or persons in- sation for^^°" terested in the lands, lands covered with water, or rights, lands taken. priTileges, easements or appurtenances in connection there- i^ith, which shall be taken, used, occupied, held, pre- judiced or injured by the said Harbor Commissioners under the provisions of this Act, as to the price or value m 1043 Chap. 50. Harbor of North Sydney, N.S. 45 Vict. Arbitrators, how chosen. Award to be final. Costs to be paid by Com- missioners. In case of failure to agree on arbitrators, Judge to command sheritf, co- roner or other person to summon a thereof, or as to the compensation for the injury or damage by them respectively siastained, then such price, value or compensation shall be determined by three arbitrators, one to be chosen by the said Harbor Commissioners and one by the owner or owners or persons interested as afore- said, — which two arbitrators so chosen shall choose a third arbitrator ; and in case the arbitrators so chosen shall not agree in such choice w^ithin ten days after their appoint- ment, then and in such case it shall and may be lawful for any one of the judges of the Supreme Court of the Province of Nova Scotia, upon the application of said Harbor Com- missioners, or owners or persons interested, to appoint a third arbitrator ; and the award of the said arbitrators or any two of them shall be final and conclusive in the matter referred to them ; and the costs of such arbitration shall be paid by the said Harbor Commissioners ; and in case the said Harbor Commissioners, or any person or persons in- terested as aforesaid, shall decline making any such agree- ment or appointment of arbitrators as aforesaid, then and in every such case the other party may make application to one of the said judges of the said Supreme Court, stating the grounds of such application, and such judge is hereby em- powered and required, from time to time, upon such ap- plication, to issue a writ or warrant to the sheriff of the compe°ns^a-^^^^ County of Cape Breton in the said province, or in case of said tion. sheriff being a party interested, then to a coroner of the said county or to some other person who may be disinterested, ■commanding such sheriff, coroner or person disinterested, forthwith to summon a jury of five disinterested freeholders within said county, — which jury so summoned upon their oaths (all which oaths, as well as the oaths to be taken by any person or persons who shall be called upon to give evidence, shall be administered by the oflB.cer or person sum- moning such jury) shall enquire of, assess and determine the distinct sum or sums of money or annual rent to be paid for the price or value, or compensation for the use, or damage or injury sustained by the owner or owners or persons interested in such property as aforesaid ; and such verdict or award of such jury shall be returned and filed in the office of the Pro- thonotary of the Supreme Court at Sydney in the county of Cape Breton aforesaid, and shall be final and conclusive between the parties ; and the costs and expenses of suchpro- ceedings,to be taxed and allowed by a judge of said Supreme Court, shall be paid by said Commissioners ; and when the persons^under lands of an infant, feme covert, idiot or lunatic, or land under legal dia- mortgage is or are required for the purposes of this Act, and the said Act hereby amended, or may sustain any damage or injury by reason of anything done by said Harbor Com- missioners under the provisions of this Act, and if the said Harbor Commissioners cannot agree as to the price or value or compensation to be paid in respect thereof, with the legal representatives of such parties as aforesaid, or with the 1044 Award of jury final. Costs to be paid by Com missioners. Provision in legal dis- ability. 1882. Harbor of North Sydney, N. S. Chap. 50. 3 mortgagor with the consent of the mortgagee or mortgagees, Or of mort- the said Harbor Commissioners, or the legal representatives ^^f^^^ ^'^^' of the party or parties interested as aforesaid may apply to any one of the judges of the said Supreme Court for a jury, as hereinbefore provided, — which jury and the officer or person appointed to summon it shall have and exercise the power hereinbefore mentioned for the purposes aforesaid ; and in the case of mortgaged premises, the price or value or compensation found by such jury shall be paid to the mortgagee or mortgagees according to priority, and shall be by him or them credited on such mortgage, and the lands so taken shall be held to be thereupon released from any such mortgage or mortgages ; and in case any such infant, idiot Judge in or lunatic has no legal representative, then the judge of the appomt*™- said Supreme Court in Equity shall, upon application setting preaentatire forth the facts, appoint a representative for such infant, idiot Jfel'^^hen*'^" or lunatic for the purposes of this Act ; and the value or they have price or damage assessed or determined by a jury, as herein- °°''®" before provided, shall be paid to the representative so appointed for the benefit of such infant, idiot or lunatic ; and the said Harbor Commissioners shall pay all costs, Commisjion- charges and expenses in connection with such proceedings. cojtg° ^*^ 4. It shall be lawful for the said Harbor Commissioners Borrowing to borrow, either in the Dominion of Canada or out of it, exceed^$4°ooo and in sterling money or currency, and at such legal rate of and for pur-, interest as the said Commissioners may, from time to time, P°iy^ ° ^^ agree upon, on mortgage or other security, such sums of money, from time to time, as shall not exceed in all the sum of four thousand dollars, for the sole purpose of carrying out the provisions of this t,nd the Act hereby amended ; and for securing the "repayment of the money so borrowed, with Harbor pro- interest, it shall be lawful for said Harbor Commissioners mortgage^d aa to mortgage, encumber and assig-n the real estate, works, security, tolls and revenues of said harbor. 5- All property acquired and held by the said Harbor ^^1?^°?!'^?^ Commissioners shall be held by the said corporation in trust for cor- trust for all the purposes for which the said corporation is porate uaea. created. OTTAWA: Printed by Brown Ohamberlin, Law Printer to the Queen'a Most Excellent Majesty. 1045 45 VIC, CHAP. 51. An Act relating to the Harbor of Snint John, in the Pro- vince of New Brunswick. Preamble. Recital of Corporation of the Har- bor Commis- si oaers of St. John consti- tated. Their corpor- ate name and general powers. [Assented to 11th May, 1882.] '\T7'HE RE AS under the charter of the city of Saint John, tV in the Province of New Brunswick, granted by His late Mai'esty King G-eorge the Third, A. D. 1^85, the harbor of Saint John, within the limits of the said city, is vested in the city corporation of Saint John, and the said city corpo- ration are also the owners of certain water-lots and wharf property ; and whereas by an Act of the Provincial Legis- lature of New Brunswick, passed in the thirty-eighth year of the reign of Her present Majesty, chapter ninety- five, the city corporation of Saint John are authorized to contract and agree for the transfer of the harbor property and privi- leges as mentioned and referred to in the first section of the said Act, to commissioners to be appointed as. the Corpora- tion of the Harbor Commissioners of Saint John, and the Common Council of Saint John have agreed to make such transfer for the sum of five hundred thousand dollars, to be paid and applied as set forth in the said Act ; and whereas it is expedient to constitute the Corpdration of the Harbor Commissioners of Saint John for the management and im- provement of the said harbor, and that the said harbor, upon transfer by the mayor, aldermen and commonalty of the city of Saint John, to the Commissioners constituted under this Act, should become and thenceforth be one of the pub- lic harbors of Canada : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1. The Corporation of the Harbor Commissioners of Saint John, in the Province of New Brunswick, shall be consti- tuted and consist of five members, three of whom, that is to say, the chairman of the Commissioners and two other members shall be appointed by the Governor in Council, one by the Common Council of the city of Saint John, and one by the Council of the Saint John Board of Trade ; and the persons so appointed under this Act, and their successors, shall be and are hereby declared to be a body corporate and politic in deed and in name, by the name of "The Harbor Com- missioners of Saint John," and by that name shall have all 1046 1882. Harbor of Saint John, N.B. Chap. 51. 2 the general powers made incident by law to corporations, with power to receive, take and hold the harbor property and privileges that may be transferred to them by the mayor, aldermen and commonalty of the city of Saint John as herein mentioned, and to purchase and acquire, have, hold, enjoy, possess and retain also other immovable property for the purposes of this Act ; and to build or May build acquire, hold and possess such steamboats, dredges, scows, ^"'^ ^°^^ and other vessels as they may deem necessary for the effi- cient discharge of their duties under this Act, and to take out registers for such vessels in their corporate name and capacity, and to dispose of the same as well as of the said immovable property as often as they may see fit so to do ; and to do all other things necessary to carry out the pur- poses of this Act. 2. Every appointment by the Grovernor in Council under Appoint- this Act shall be be made by an instrument under the Qoy*^in^o to Oreat Seal of Canada, and the person so appointed shall be under hold office during pleasure ; and any such appointment s™at seal. shall be made at any time after the passing of this Act, to take efi'ect on and after the time at which this Act comes into operation. 3. Every appointment made by the Common Council of By Commoa the city of Saint John under this Act shall be by warrant ^"^"^^f^f' under the common seal of the City Corporation of Saint common John ; and the first appointment shall be made within ^'^'''■ thirty days after the day upon which this Act comes into force, and every person so appointed shall hold office during the pleasure of the Common Council ; and every such ap- to^Mint'of ^* pointment shall be certified to the Minister of Public Works. Public In case the said Common Council refuse or, during thirty Q^Te of refu- days, neglect to make such appointment as in this section sal or neglect provided, or at any time thereafter in case of a vacancy, prodded for. refuse or, for thirty days, neglect to fill any sucb vacancy, the Governor in Council may appoint or may fill such vacancy. 4. The Council of the Saint John Board of Trade shall, ^ij;^*^"^^?^. within thirty days after the day upon which this Act comes era by St. into force, elect one person to fill the office of Harbor Com- Jotn Board of missioner, and the person having the majority of votes of the members of the council personally present at the meet- ing at which the election is had, shall be held to be duly •elected, and the secretary of the board shall give him a cer- tificate of his election and shall also certify the same to the Minister of Public "Works ; and any person so elected shall hold office during the pleasure of the Council of the said Board of Trade. In case the Council of the Saint John g^^f^^^^^'^ig^^ Board of Trade refuse or, during thirty days, neglect to to elect pre- make such appointment as in this section provided, or at any videdfor. 104Y Chap. 51. Harbor of Saint John, N. B. 45 Vict. time thereafter in case of a vacancy refuse or, during thirty days, neglect to fill any such vacancy, the G-overnor in Council may appoint or may fill such vacancy. How vacan- cies shall be filled. 5. Every vacancy happening from tijne to time among the members of the said corporation appointed by the Grov- ernor in Council, not being members so appointed by reason of the refusal or neglect of the Common Council or of the Council of the Saint John Board of Trade, or of refusal when appointed to accept office, shall be filled up by the Grov- ernor in Council ; and every other vacancy may be filled by the appointment of a member of such Harbor Commission by the body by whom the member occasioning the vacancy was or might have been appointed — such appointment being made within thirty days after the occurrence of the vacancy. Certificaie to The name of the person appointed to fill such vacancy shall forthwith after his appointment be certified to the Minister of Public Works. Minister. Quorum. Vacancies not to affect procf edinga 6- Any three members of the Corporation of the Harbor Commissioners of Saint John shall be a quorum, and the majority of any quorum, the chairman being one, may exercise the powers of the corporation ; and the existence of a vacancy or vacancies among the members shall not prevent or affect the exercise of the said powers, provided there be a by a quorum, quorum as aforcsaid. Members not T. No member of the said corporation shall be directly or tractora'with indirectly interested in any contract for work, supplies or corporation, materials of any description whatever, furnished to the said corporation. $750,000 to be raised by Government. Conditions. $500,000 to be advanced to Commission- ers for acquir- ing harbor property, &c., from corpora- tion of St. John. 8. To enable the said Corporation of the Harbor Com- missioners of Saint John, to purchase, acquire, obtain and receive the harbor property and privileges agreed to be transferred to them by the City Corporation of Saint John as hereinbefore mentioned, for the purchase and acquisition of other wharf property as hereinafter mentioned, and for the extension and improvement of the said harbor, it shall be lawful for the Governor in Council to raise by the issue of debentures bearing interest payable half-yearly at the rate of four per cent, per annum, and redeemable in forty years^ the sum of seven hundred and fifty thousand dollars : Out of this sum so raised the Governor in Council shall advance and pay to the said Harbor Commissioners, in the first place, the sum of five hundred thousand dollars to enable them to complete the acquisition of the harbor property, rights, rents and privileges to be conveyed to them by the said mayor, aldermen and commonalty of the city of Saint John, to be paid to the chamberlain of the city of Saint John, as set forth in the Act of the Provincial Legisla- ture of New Brunswick, referred to in the preamble of this 1048 1882. Harbor of Saint John, N. B. Chap. 51. 4 Act ; such property to be described by metes and bounds in Descriptionof the deed and conveyance thereof, and to be as shown by the acquired. ° red lines on a plan prepared by Hiird Peters, City Engineer, in accordance with the agreement lately made by the Com- mon Council of Saint John, by resolutions relating there- to, — which plan is filed at the office of the common clerk of the city of Saint John : Upon the registering of the deed, and conveyance of such Property to harbor property and privileges from the mayor, aldermen oommU- ^^ and commonalty of the city of Saint John to the said Cor- sioners. " poration of the Harbor Commissioners of Saint John, in the office of the registrar of deeds in and for the city and county of Saint John, all the property conveyed by the said deed, and all rights, rents, powers, and privileges of the mayor, aldermen and commonalty of the city of Saint John, in or relating to the harbor of Saint John, except only as reserved and expressed in the said deed, shall vest in the said Harbor Commissioners of Saint John and their succes- sors absolutely : The remainder of the sum so raised shall be advanced Advance of from time to time to the said Harbor Commissioners to meet gum^foHm- payments to be made for the purchase and acquisition of provements. other wharf property as hereinafter provided, and on account of the improvements or extension of the said harbor, and the carrying out of the provisions and purposes of this Act, — such improvements having been previously sanctioned by the Governor in Council on the report of the Minister of Public Works : Upon the payment or advance of any sum by the Grovern- Corporatioa ment, under the foregoing provisions, the said corporation their bonds shall deposit with the Receiver G-eneral their own bonds in to an equal favor of Her Majesty, for the Dominion of Canada, for the Rec°e'iTer''"'' same amount, in such form as he may approA^e, bearing General, interest at the rate of four per cent per annum : The interest on the bonds given by the said corporation interest ou for sums paid or advanced for the purposes aforesaid shall ^^^^ bonds, be payable by the said corporation from the time of such payment or advance : The said interest shall be payable by the said corporation Out of what out of the income of the said corporation from the tolls, ^^^^^ P'^?" rates, dues and other sources of income under this Act, and shall be the first charge thereon, and paid out of the same in preference to all other charges whatsoever, after defraying the expenses of collecting the same. 9» All property acquired and held by the Harbor Com- Properties to missioners of Saint John, under this Act, shall be held to trast^bVcom- tave been and is hereby declared to be transferred to and missioners. vested in, and to be the property of the corporation of the said Harbor Com.missioners, in trust for all the purposes for which the said corporation is created, as fully and effectually to all intents and purposes as if the several pro- 1049 Chap. 51. Harbor of Saint John, N. B. 45 Vict. perties were absolutely Tested in them by the express pro- Proviso, for visions of this Act : Provided always, that the consent of S^o'fVub- the Minister of Public "Works to the purchase of any real lie Works. estate shall be previously obtained by the said Commissioners. Gov. in 0. may autho- rize acquisi- tion of cer- tain property bj Commis- sioners. Provision if they cannot agree with owner as to price. Appointment of arbitrators to fix such price. Award of two final. Provision in ■case of failure ty either party to appoint. Price to stand in place of the property. lO. The Grovernor in Council may, from time to time, until all the wharf and beach property in the harbor of Saint John is acquired by the Commissioners, authorize the Com- missioners to purchase or acquire any wharf or beach pro- perty in the harbor of Saint John not then owned by them, or any part thereof, and thereupon it shall be the duty of the Commissioners to acquire the same, by purchase if possible ; but in case they cannot agree with the owner as to price, they shall lay off by metes and bounds the property to be acquired, and shall deposit of record, in the office of the registrar of deeds, wills, &c., for the city and county of Saint John, a plan and description of the property to be acquired, signed by the chairman of the Commissioners ; and by such deposit the said property shall thereupon become and re- main vested in the Commissioners, and the price or com- pensation money to be paid therefor shall be determined as follows : the said Commissioners and the owner shall each appoint a disinterested arbitrator, and the two arbitrators so appointed shall name a third, also disinterested, and the three arbitrators, after being sworn by or before any judge of the Supreme Court, or a county court in the said Prov- ince, to perform their duty honestly and impartially, and having given each other notice of the time and place of their meeting, shall determine such price ; and their decision, or that of any two of them, shall be final, and the Commis- sioners shall, forthwith after the decision, pay to the owner the amount awarded to him, with interest at the rate of six per centum per annum from the time the plan and descrip- tion are deposited : 2. In case either the Commissioners or the owners shall fail, within thirty days after the notice to the owner of the filing of the plan and description, to appoint an arbitrator, or in case any two arbitrators appointed hereunder fail with- in thirty days after the appointment of the one last appointed to appoint a third, then, in either of such cases, it shall be lawful for the Minister of Public Works, in the place of the person or persons otherwise entitled, to appoint an arbitra- tor or arbitrators, as the case may be, so that the board of arbitrators shall consist of three persons, — any two of whom- shall have power to act : 3. The compensation money, awarded by the arbitrators or any two of them, shall stand instead of the property acquired, and any claim or incumbrance upon such property shall, as respects the Commissioners, be converted into a claim to such compensation money, or to a proportionate amount thereof, and shall be void as respects the property itself, which shall, by the fact of the depositing of the plan 1050 1882. Harbor of Saint John, N. B. Chap. 51. 6 and description, become and^be absolutely vested in the Commissioners : 4. If the owner cannot be found, or is unknown to the Provision in Commissioners, or if the Commissioners have reason to fear er •annotTe"" aay claim or incumbrance, or if, for any other reason, they found, or of shall deem it advisable, they shall pay such compensation '"'="°i'^™'i<=^- money into the Supreme Court of i^ ew Brunswick, with interest thereon for six months, and shall deliver to the clerk of the court a certitied copy of the plan and description : 6. A notice in such form and for such time as the court Notice to per- ,may appoint, shall be published in a newspaper published p^ke or^part^ in the city of Saint John, notifying all persons entitled to tiiei-eof. the property or any parts thereof, or representing or being the husbands of any party entitled, or claiming to hold or represent incumbrances thereon, or interests therein, to file their claims to the compensation money or any part thereof ; and all such claims shall be received and adjudged upon by Conrttoad- the court ; and the said proceedings shall forever bar all {"fi^g°and claims to the compensation money or any part thereof, distribute tlie including claims in respect of dower, as well as claims in P"'^'^' respect of mortgages or incumbrances upon the same ; and the court shall make such order for the distribution, pay- ment or investment of the compensation money or of parcels thereof and for the securing of the rights of all parties inter- ested, as to right and justice, and according to the provisions of this Act and the law", shall appertain : 6. The costs of the proceedings before the court or any Costs, how- part thereof, shall be paid by the Commissioners or by the to be^'paid''"™ other party, as the court may order ; and if the order of dis- tribution be obtained in less than six months from the pay- ment of the compensation money into court, the court shall direct a proportionate part of the .interest to be returned to the Commissioners, and if, from any error, fault or neglect of the Commissioners the distribution is not obtained until _after the six months have expired, the court shall order the iGommissioners to pay into court, the interest for such fur- ther period as may be right. 11' The rights of riparians or other proprietors of deep Certain water piers or other property within the said harbor shall "^'"'^ saved, not be abrogated or diminished by this Act in any manner whatever, except as hereinbefore provided for the purchase and acquisition of private property. 12. The by-laws, tolls and dues made and established by Certain by- the mayor, aldermen and commonalty of the city of Saint poTation of' John, at present in force relating to the harbor of Saint ^y- John con- John, and the wharfage dues on wharf property acquired force, hereunder by the Corporation of the Harbor Commissioners of Saint John, shall continue in force until altered by the Commissioners under authority of this Act. 1051 Chap. 51. Harbor of Saint John, N. B. 45 ViOT. Commission- era may make by-laws. And impose penalties therebr. A nd al ter or repeal them ; and for what purposes. Management. Prevention of injury. Collection of dues, &c. Other matters. Provision for sanction by Gov. in C. 1 5$. The said Corporation of the Harbor Commissioners of Saint John shall, for the purposes of this Act, hare power and authority to make by-laws not repugnant to law or to the provisions of this Act, and by any such by-law to impose penalties not exceeding one hundred dollars or sixty days imprisonment for any offence, upon persons infringing or contravening the provisions of this Act, or of any by-law made thereunder ; and to revoke, alter and amend such by- laws as often as they may deem the same expedient ; and by-laws made for any of the following purposes shall be held and deemed to be made for the purposes of this Act, ' that is say :- — 1. The direction, conduct and government of the said corporation, and of its officers and servants, and the man- agement and improvement of its property, real and per- sonal ; 2. The prevention of injury to the property of the cor- poration, and encroachments and encumbrances thereon, and for the removal of the same, and also to prescribe where all vessels entering and loading at the harbor of Saint John shall discharge their ballast and shall be, from time to time, moored and placed ; 3. The collection of dues and penalties imposed by or under the authority of this Act ; 4. And finally the doing of anything necessary to carry out the provisions of this Act according to their intent and spirit ; 5. Provided always, that no by-law made by said cor- poration shall have any force or effect until after it has been sanctioned by the Grovernor in Council. Copies of by- 14. Copies of any such by-law certified by the secretary- d^^ce^^*^'" treasurer and under the seal of the said corporation shall be prima facie evidence of the same in all courts of law or equity in Canada. Secretary. Treasurer. Approval of. Harbor Mas- ter, appoint- ment and pay of. Appointment and compen - sation of other officers. 15. The said corporation shall appoint a secretary-trea- surer thereto, and shall fix his compensation, and shall require and take from such secretary-treasurer such security for the due and faithful performance of his duties as may be deemed necessary : Provided always, that such secretary- treasurer and his compensation shall be approved by the Grovernor in Council : and provided, that the harbor master of Saint John shall be appointed by the Governor in Council, and shall be paid from the funds of the said corr poration such compensation as the Governor in Council shall determine ; All such other officers, assistants and servants as may be required by the said corporation for the purposes of this Act shall be appointed by the said corporation, who shall allow them such compensation or salary as the said corporation may find necessary. 1052 1882. Harbor of Saint John, N. B. Chap. 51. 8 16. It shall be lawful for the said Commissioners to levy Ra.tea to be upon all vessels loading or discharging in the harbor of Saint \ll^^ "'^ ^^^' John, or moored or fastened to any of their wharves, and upon all goods landed or shipped within the harbor, such moorage or wharfage rates and such other tolls and dues as may, from time to time, be fixed by the said Commissioners by by-law and approved by the G-overnor in Council ; and the said rates and dues shall be levied and paid as follows : — 1. As respects sea-going vessels, the moorage thereon Seagoing shall he levied upon the master or person in charge thereof, ^^^^^i^- and the wharfage rates of goods landed or shipped shall be levied upon the consignee, shipper or owner thereof, or his agent ; 2. As respects all other vessels, the moorage rates thereon Other vessels, as well as the wharfage rates upon the cargoes, shall be levied upon and be paid by the master or person in charge thereof, saving to him such recourse as he may haA^e by law against any other person for the recovery of the sum so paid ; 3. In either case such rates shall be a charge and lieu upon to be a lien the vessels and goods on which they are payable, and the on vessels or said Commissioners may detain the same until such rates ^°° are paid, and may sell the same by public auction, if such rates are not paid within forty days after they are landed, — paying the surplus, if any, to the owner or his agent after deducting the rates due and costs of sale. 17. If the tariff of tolls and dues established by the Com- jf insufficient, missioners under this Act should prove insufficient to enable ^°^ ^.'^^^g ■ the said Commissioners to meet the charges upon their them, revenue, as provided by this Act, it shall then be lawful for the Grovernor in Council to add such percentage to all dues whatsoever imposed under this Act, as will afford the said Commissioners a sufficient revenue for the said purposes. 18. It shall be lawful for the said Commissioners to Report by require from the master or person in charge of every vessel Jh|^^a^rbor°^ coming to the harbor of St. John, a report in writing, signed and certified by him, of his vessel's cargo and her draft of water, such report to be made before he shall break bulk ; also of his outward cargo and draft of water before his ves- sel shall leave the harbor, — and such other particulars as may be necessary to carry out the provisions of this Act. 19« It shall be lawful for the said Commissioners to re- Collector of quire the collector of Customs for the port of St. John to coliecrthr^^ collect all or such portion of the aforesaid rates, tolls and rates, dues on their behalf, as they may deem expedient for the con- venience of the trade of the harbor to collect through him, pd to allow him therefor a commission thereon not exceed- ing one-half of one per cent. ; and the said collector shall not grant a clearance outwards to any vessel without the con- sent of the Commissioners, unless all rates, tolls and dues 1053 9 Chap. 51. Harbor of Saint John, N. B. 45 ViCT. payable on such yessel and her cargo have been previously- paid. Seizare and 250. In case of non-pavment of the said dues, tolls or rates and goods for o^" parts thereof, or any other charge which under this Act non-payment, the said Commissioners may lawfully make, it shall be law- ful for the said Commissioners to seize forthwith, before judgment, any vessel or goods whatsoever upon which such dues or other charges may be owing, and to detain the same at the risk, cost and charges of the owner until the sum due and the costs and charges incurred for the seizure and detention of the same be paid in full, and in the event of such rates, dues or other charges remaining due for forty Sale by public days after such seizure, such vessel or goods may be sold by notice" ^ ^^ the said Commissioners by public auction, after the publica- tion in any newspaper published in the said city of St. John, of three advertisements of such sale, in three separate issues Application ^f g^ch paper ; and the said Commissioners shall thereafter, 01 'DroC66QS s. s. t i on demand, account to the owner of such vessel or goods for the proceeds of such sale, first deducting the rates or dues due and all their other legal charges. raterh"^^ °^ ^*' ^^ *^^®® ^^^ penalties imposed by this Act or by any action or sum- by- law made under the authority thereof, and all rates, dues mar^ pro- and dutics authorized to be levied, under and by virtue of ^^ ^°^' this Act, may be recovered by action or proceeding at the suit of the said Commissioners before any court of competent jurisdiction, or in a summary manner before the police magistrate of the city of Saint John or the sitting magistrate acting at the police office in the said city. kept bT*Com- ^^* '^^^ ^^^^ Commissioners shall keep separate accounts miasioners. of all moneys borrowed, received or expended by them under the authority of this Act, and shall account for the same annually to the Governor in Council in such manner and form as he may see fit to direct. Case of injury 23. If any injury be done to any of the wharves, slips, Ac.by vessels piers or other works in the said harbor belonging to the said provided for. Commissioners, by any vessel or by the carelessness or wan- ionness of the crew thereof while in the execution of their duty, or of the orders of their superior officers, it shall be law- ful for the said Commissioners to seize such vessel and detain her until the injury so done has been repaired by the master or crew, or until security has been given by the said master to pay such amount for the injury and costs as may be awarded in any suit which may be brought against him for the same ; and he is hereby declared to be liable to the said Commissioners for any such injury. Penalty for 24. jf any person or persons shall, in any manner or Commiss'^Uiu- Way whatever, obstruct, hinder, or interrupt any of the offi- 1064 1882. Harbor of Saint John, N. B. Chap. 51. 10 cers, clerks or servants of the Commissioners in the execu- ers or their lion of their duties, such person or persons shall, for erery ^^^'^^ ^' such ofifence, incur a penalty not less than twenty dollars nor exceeding fifty dollars, to be recovered as hereinbefore provided. 25. The seizure of any vessel which, under and by virtue How a seizure of this Act, the said Commissioners may make for the pur- °naer«ifg^ pose of enforcing the provisions thereof, may be effected Act may be upon the order of the police magistrate of the said city of '"*^®' Saint John or any sitting magistrate sitting at the police office of the said city of Saint John, — which order such magistrate is hereby authorized and required to give, upon the application of the said Commissioners or their author- ized agents, on the institution of any action or proceeding before such magistrate for any cause rendering such vessel liable to seizure, and on the affidavit of any one credible person that the cause of such action, alleged in the declara- tion, complaint or information before such magistrate, is well founded in fact ; and such order may and shall be exe- cuted by any constable, bailiff or other person whom the said Commissioners may choose to entrust with the execu- tion thereof, and the said constable, bailiff or other person is hereby authorized and empowered to take all necessary means, and to demand all necessary aid to enable him to execute the same. 26» The foregoing provisions of this Act shall come into when fore- force only upon, from and after a day to be appointed in f^ainM iia""* that behalf by proclamation of the Governor in Council, to force, be published in the Canada Gazette. OTTAWA : Printed by Bbown Chambbrlin, Law Printer to the Queen's Moet Excellent Majesty. 1055 Preamble. 45 VIC, CHAP. 52. An Act to provide for the improvement and manage- ment of the Harbor of Three Kivers. [Assented to llth May, 1882.] YTTHEEEAS it is expedient to provide for the improve- ^y ment and management of the harbor of Three Eivers : Therefore Her Majesty, by and vi^ith the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Extent and 1. The harbor of Three Eivers shall, for the purposes of the H^arbor "^ ^^^^ ^^^^ Comprise that part of the Kivers St. Lawrence and of Three St. Maurice lying between a line drawn from the east side Elvers. q£ ^j^g mouth of the Eiver St. Maurice to a point on the south side of the Eiver St. Lawrence directly opposite, the said line being parallel to the westerly boundary line of the city of Three Eivers, and a line drawn from the said west- erly boundary line of the city of Three Eivers to a point on the south side of the Eiver St Lawrence to be established by producing the said boundary line to the south side of the Eiver St. Lawrence, together with both sides of the Eiver St. Maurice and the islands therein situated, up to the northerly boundary line of the said city of Three Eivers where it crosses the Eiver St. Maurice ; and shall include all the water space and beach up to tidal high water, on both sides of the said rivers. Appointment 2. It shall be lawful for the Governor General in Council, sione°r™for" ^7 ^^ instrument under the Great Seal of the Dominion of improving Canada, to constitute and appoint three persons to be, together with the mayor of the city of Three Eivers for the time being, and the president of the Three Eivers Board of Trade for the time being, commissioners for the improve- ment and management of the harbor of Three Eivers, and from time to time to remove such persons or any or either of them, and to appoint others to be the successors of such as shall be removed, or shall die or resign their trust ; and such Commissioners and the survivor or survivors of them, and their successors, so from time to time constituted and appointed as aforesaid, together with the mayor of the city of Three Eivers for the time being, and the president of the Three Eivers Board of Trade for the time being, shall be 1056 harbor. 1882. Harbor of Tliree Rivers. Chap. 52. 2 and are hereby declared to be a body corporate and politic in deed and in name by the name of the Harbor Commis- Corporate doners of Three Rivers, — with power to purchase and ^oJ^*"ro*ej.t acquire, have, hold, enjoy, possess and retain immovable &c. ^^ '^^^ ^ property for the purposes ' of this Act, and to build or Dredges ani acquire, hold and possess such steamboats, dredges, scows """^'^ Tessela. and other vessels as they may deem necessary for the efficient discharge of their duties under this A ct : Provided Proviso : as to always, that the consent of the Minister of Publid Works ^'^P^"'^"""- shall be previously obtained, and that any such purchase or expenditure shall have been sanctioned by him. 3. The said Corporation of the Harbor Commissioners of Power to Three Eivers shall, for the purposes of this Act, have power "peafby/ °' to make by-laws not repugnant to the laws of the Dominion laws for cer- of Canada, or of the Province of Quebec, or to the provisions *^'° purposes. of this Act, and to impose penalties under the same not exceeding twenty dollars or sixty days' imprisonment upon all persons contravening the same, and to reA^oke, alter and amend such by-laws as they may deem expedient ; and by- laws made for any of the following purposes shall be held to be made for the purposes of this Act, that is to say : — 1. The direction, conduct and government of the said Management, corporation and of its officers and servants, and the manage- ment and improvement of its property, real and personal ; 2. The prevention of injury to the property of the cor- Protection of poration, and of encroachment or incumbrances thereon, and p™p^'' ^■ the removal of the same, and for prescribing where all Ballast, vessels entering and loading in the harbor of Three Rivers shall discharge their ballast ; 3. The collection of all dues and penalties imposed by ^""^and"* °^ or under the authority of this Act, and finally the doing of erai purposes" anything necessary to carry out the provisions of this Act according to their intent and spirit : 4. Provided always, that neither such by-laws nor any Proviso: for amendment thereof, shall have any force or effect unless ^nd until approved by the G-overnor in Council. 4- Copies of any such by-laws certified by the secretary Proof of under the seal of the said corporation, shall be admitted as ^.^'-i^^^- full and sufficient evidence of the same in all courts of law and equity in Canada ; and it shall not be necessary to prove the signature of the secretary or the said seal unless formally disputed. 5' It shall be lawful for the said Commissioners to elect a Election of ■chairman from among their number, but neither the chair- he and other man nor any member of the said corporation shall receive Commissio*- any salary, pay or gratuity of any kind whatever, nor shall gratuitously, any member of the said corporation be directly or indirectly interested in any contract for work, supplies or materials of any description whatever furnished to the said corporation ; 67 1057 3 Chap. 52. Harbor of Three Rivers. 45 ViCT. Secretary- but the Said corporation may appoint a secretary-treasurer reasurer. ^^^ ^^ ^^^ p^^. -^j^ compensation, provided such compen- sation be approved by the Minister of Public Works. 4^ .AU 4^ • 4U 4k TT TT "TT -tt tP Snpervisioii 7. AH works carried out by the corporation must have Minster! ^ been authorized by the Minister of Public Works, and shall be conducted under the supervision of an engineer or other competent person, appointed by the said Minister for that purpose. Arbitration 8. Whenever the said Commissioners cannot agree with. Ttion mi°^' the proprietor or proprietors of any wharf or beach property,, vendor do not required by them for the purposes of this Act, as to the price of propertied *° ^^ paid for the same, such price shall be determined as required for follows : The Said Commissioners and the proprietor or ■works. proprietors of such property, shall each appoint a disinter- ested arbitrator, and the two arbitrators shall name a third, also disinterested ; and the three arbitrators, after being sworn by or before any judge or justice of the peace, to per- form their duty honestly and impartially, and having given each other notice of the time and place of their meeting,, shall determine such price ; and their decision or that of any two of them shall be final. ToJis for use 9. It shall be lawful for the said Commissioners to levy of works, &c. ijpQjj^ 2X\ vessels loading or discharging in the harbor of Three Elvers, or moored or fastened to any of their wharves, and upon all goods landed.br shipped within the harbor,, such moorage or wharfage rates, and such other tolls and dues as may, from time to time, be fixed by the said Com- missioners and approved by the Governor in Council, and the said rates and dues shall be levied and paid as follows : — On sea-going 1. As respects sea-going vessels, — the moorage thereon vessels. shall be levied upon the master or person in charge thereof, and the wharfage rates of goods landed or shipped shall be levied upon the consignee, shipper, owner thereof or his agent : On other 2. As respects all other vessels, — the moorage rates, vessels. thereon as well as the wharfage rates upon the cargoes shall be levied upon and paid by the master or person in charge thereof, saving to him such recourse as he may have by law against any other person for the recovery of the sum so paid : Lien for.the 3. In either case such rates shall be a charge and lien enforTOd*^ '""' upon the v^ssels and goods on which they are payable, and the Commissioners may detain the same until such rates are paid, and may sell such goods by public auction, if such rates are not paid within forty days after they are landed, — paying the surplus, if any, to the owner or his agent, after deducting the rates due and costs of sale. 1058 1882. Harbor of Three Rivers. Chap. 52. 4' 10. It shall be lawful for the said Commissioners to Report to require from the master or person in charge of every vessel ^rs™y mas'ters coming to the harbor of Three Rivers, a report in writing, of vessels. signed and certified by him, of his vessel's cargo and her draft of water, — such report to be made before he shall break bulk ; also of his outward cargo and draft of water before his vessel shall leave the harbor, and such other par- ticulars as may be necessary to carry out the provisions of this 'Act. 11. It shall be lawful for the said Commissioners to Collector of require the collector of Customs for the port of Three Elvers be^^equh-ed to to collect all or such portion of the aforesaid rates and dues collect dues, on their behalf as they may deem expedient for the con- venience of the trade of the harbor to collect through him, and to allow him therefor a commission thereon, not exceed- ing one-half per cent. ; and the said collector shall not grant No clearance a clearance outwards to any vessel without the consent of ""j'^^/'"^^ ^''^ the Commissioners, unless all rates payable on such vessel and her cargo have been previously paid. 12. The said Commissioners shall keep separate accounts Accounts. of all moneys borrowed, received or expended by them under the authority of this Act, and shall account for the same annually to the G-overnor in such manner and form as he may see fit to direct. 13. Provided always, that all land and beach lots, booms. Proviso: as to piers, wharves and other land or property of every descrip- p^'perty!' tion, situated and being within the limits of the said har- bor, now actually in use by the Dominion Government, or which may hereafter be required for the use of the same, shall be and are hereby expressly exempted from the proAd- sions of this Act. 11. The Minister of Public Works shall have power to ^g^^^^ffg^" fix and define the line of tidal high-water mark to be adopted boundaries by the Commissioners as the boundary of the harbor, and of harbor, also to establish all other limits or boundaries required to be established for the purposes of this Act. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 67i 1059 45 VIC, CHAP. 53. An Act to authorize the construction, on certain condi- tions, of the Canadian Pacific Railway through some Pass other than the Yellow-Head Pass. Preamble. 44 V, c. 1, cited ; as to the Pass through the Rocky Moun- tains. [Assented to 11th May, 1882.] WHEEEAS by clause thirteenth of the contract with Her Majesty the Queen now held by the Canadian Pacific Eailway Company (which contract is contained in the Schedule to the Act passed in the forty-fourth year of Her Majesty's reign, chapter one, intituled " An Act respecting the Canadian Pacific Railway,^') it is provided that the said Company shall have the right, subject to the approval of the Grovernor in Council, to lay out and locate the line of the railway thereby contracted for as they may see fit, preserv- ing the following terminal points, namely, from Callander Station to the point of junction with the Lake Superior sec- tion and from iSelkirk to the junction with the western sec- tion at Kamloops by way of the Yellow- Head Pass ; and whereas it may be found to be in the public interest that the junction with the western section at Kamloops should be made by way of some pass other than the Yellow-Head Pass : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Change of 1. The Canadian Pacific Eailway Company may, subject to authorized'by ^^® approval of the Grovernor in Council, lay out and locate Goirernor-iu- their main line of railway from Selkirk to the junction with Council. ^]jg western section at Kamloops by way of some pass other Proviso. than the Yellow-Head Pass, provided that the pass be not less than one hundred miles from the boundary between Canada and the United States of America. OTTAWA; Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 1060 45 VIC, CHAP. 55. An Act to provide for the granting of a subsidy to the Chignecto Marine Transport Railway Company (limited.) [Assented to llt/i May, 1882.] IN consideration of the great advantages which would Pieambie. accrue to the Maritime ProA'inces and the intercolonial trade of Canada generally, from the construction of a ship railway across the Isthmus of Chignecto, from Tignish, on La Bale Verte, in the Grulf of St. Lawrence, to a point at the mouth of the Eiver La Planche, on the bay of Fundy, and of the proposal made by Mr. H. Gr. C Ketchum, on behalf of a Company formed and to be incorporated as " The Chig- necto Marine Transport Railway Company (limited)," and approved by the Grovernor in Council on the report of the Minister of Railways and Canals, after consultation with the Chief Engineers of the Department : Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1. If the said Company do, within seven years from the Conditions first day of July now next, construct such ship railway, ac- gublidy not I cording to the terms of their said proposal, and of an agree- exceeding ment and contract in that behalf which the Grovernment of year'may'be Canada may, if they see fit, make with the said Company, paid to the in a substantial manner, and fully equipped for the services dudifs'Ts'-'*"^ therein to be stipulated, to the satisfaction of and subject to years, the approval of the said Grovernment ; then, during a term of twenty-five years from the date of such approval, provided the said ship railway is kept in thorough repair and satis- factorily performs the services aforesaid, a subsidy at the rate of one hundred and fifty thousand dollars a year shall be paid to the said Company out of the Consolidated Reve- nue Fund of Canada, — such subsidy not being payable for Provided .the any period during the said twenty-five years during which 7°^^? "^ the conditions above mentioned shall not be complied with, order. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 1061 46 VIC, CHA.P. 14. An Act to encourage the manufacture of Pig Iron in Canada, from Canadian Ore. [Assented to 25th May, 1883.] Preamble. FT EE Majesty, by and with the advice and consent of the iT Senate and House of Commons of Canada, enacts as follows : — Eoanty au- !• It shall be lawful for the Governor in Council to thonzedon^^ authorize the payment out of the Consolidated Revenue pig iron 1 in Canada, from Cana- dian ore. Fund of Canada of a bounty of one dollar and fifty cents per ton on all pig iron manufactured in Canada from Cana- dian ore, between the first day of July, one thousand eight hundred and eighty-three, and the thirtieth day of June, one thousand eight hundred and eighty- six, both days inclusive, and of a bounty of one dollar per ton on pig iron so manufactured, between the first day of July, one thousand eight hundred and eighty-six, and the thirtieth day of June, one thousand eight hundred and eighty-nine, both days Under Rega- inclusive. Under such regulations as may be, from time to time, made by Order in Council as to the quality of the said iron and such other matters as it may be found ex- pedient to provide for, to prevent fraud and ensure the good effect of this Act. lations by O.C. Yearly report to Earlia- ment. 2. The regulations made as aforesaid under this Act, shall be laid before Parliament within the first fifteen days of each Session, with a statement of the moneys expended in pay- ment of the said bounty, and of the parties to whom they have been paid, and the places at which the pig iron in respect of which they have been paid was manufactured, and such other particulars as may tend to show the effect of the said bounty. OTTAWA : Printed by Brown Ohamberli.v, Law Printer to the Queen's Most Excellent Majesty. 1062 46 VIC, CHAP. 21. An Act to amend the Act passed in the forty -fifth year of the reign of Her present Majesty, intituled '■'■An Act to repeal the duty on promissory notes, drafts and hills of edcchange^' [Assented to 25th Map, 1883.] TTEE. Majesty, by and with the advice and consent of the Preamble, -*-*- Senate and House of Commons of Canada, enacts as follows : — !• In any suit or proceedings at law or in equity now Judge may pendinff or hereafter to be commenced, the court or iudare a ninety -three inclusive, shall be applied under the direction of the Go vernment,either to the improvement or extension of the railway or its equipment, or to the repayment of the indebt- edness of the Company to the Government ; and if at any When and on time the stock of the Company should reach a price which, IionsStmay 1079 be sold. 6 Chap. 1. Canadian Pacific Railway. 47 YiOT. in the opinion of the Grovernment, would render it expedient to sell the said stock or any part thereof, then and there- upon, on notice being given to the Company by the Goyern- ment, requiring that the said stock, or any part thereof, be sold, and specifying the minimum price at which 'the same shall be so sold, the Company shall cause the same to be offered for sale, and sold in conformity with such notice ; and in default of their doing so, within a reasonable delay (which delay shall be in the discretion of the G-overnment), the Grovernment shall have the right to sell the same or any part thereof at or above such minimum price, and shall apply the proceeds thereof, as it is herein provided such proceeds shall be applied in the event of the sale of such stock by the Company. No transfer of iQ. gg long as the said several sums of monev loaned as or cufirErc on property of aforesaid or any part thereof or of the interest thereon remain Company unpaid, no sale or transfer, nor any mortgage, lien or charge re-paid. of any description shall be made or created of or upon the railway, property or assets of the Company, or any part Nor any issue thereof ; nor shall any stock be issued by the Company, beyond pending such repayment, above or beyond the amount of *ioo,ooo,ooo. one hundred million dollars, to which the same is hereby limited : Provision for 2. But if at any time, before default in the payment of land grant ° ^^7 ^f the said sums of money or interest shall have oc- tonds exciu- curred and shall have been continued twelve months, the sold portion' Company can negotiate any bonds secured exclusively upon of land subsi- the unsold portion of the land subsidy to such amount per cases^and^ou" ^°^® ^^ shall be approved by the Government, then with certain con- such approval, and with the authority of their shareholders ditiona. ^^ provided by their charter, and after the cancellation or withdrawal of, or after making full provision to the satisfac- tion of the Government for the balance of the present land grant mortgage bonds of the Company, they m.ay make a new issue of land grant bonds to the amount so approved by the Government, secured as described in their charter, which land grant bonds shall be deposited with the Gov- ernment ; and upon making a sale of the whole of the said bonds, or from time to time of any portion thereof, not less than one-third thereof, the Company may notify the Govern- ment of such sale, and thereupon and upon payment to the Government of the price of such sale, at a rate satisfactory to the Government, the bonds so sold shall be delivered to the purchaser thereof ; and thereupon the bonds so delivered, together with the balance thereof remaining in the hands of the Government, shall constitute a first mortgage and charge upon the unsold portion of the land subsidy to the exclusion of the charge hereby created ; and any of the said bonds remaining in the hands of the Government shall have the right to rank on the said land subsidy ^on joassA with the portion thereof so sold and delivered ; and the 1080 1884. Canadian Pacific Railway. Chap. 1. T Grovernment shall have all the rights and remedies in re- ^igbtsof the spect thereof of any holder of any part of the said issue, and as°hoider of* on the occurrence and continuance for twelve months of bonds, any default as aforesaid, the G-overnment may sell any of such bonds remaining in its possession ; and all sums of And applica- money realized from the said bonds in any manner vrhatever *'°° °^, shall be applied on account of the indebtedness of the Com- pany to the Grovernment hereinbefore mentioned. 11. The Canadian Pacific Eailvi'-ay shall not, nor shall ^"*of^"o'i. any of its branch lines nor any line of railway leased by the ing°wu£°° Company or under their control, be at any time amalga- ^^^^^ Trunk mated with the G-rand Trunk Railway or any of its branch bidden.^ lines or with any branch lines leased by the Grrand Trunk Railway Compan}"", or under their control ; and such amal- gamation, and any arrangement for making a common fund or pooling the earnings or receipts of the said two railways or their or any of their branch lines, or of any railway lines or parts thereof leased by the said companies, or either of them, or under the control of either of them, shall be abso- lutely void : this provision, however, shall not extend to traffic or running arrangements made with the assent of the Governor in Council, nor to hinder the acquisition, by the Canadian Pacific Railway Company, of the railway between Quebec and Montreal, known as the North Shore Railway : 2. The Supreme Court of Canada shall have jurisdiction Supreme to enforce the provisions of this section, and to prevent, by ^"f^^^^lli^ injunction or otherwise, any infraction thereof, and to pun- section. ish any breach or disobedience of any order, decree or judg- ment of the court in this behalf, and for these purposes shall have all the powers, both at common law and in equity, of a superior court of original jurisdiction. 12. So much of the Act and contract hereinabove cited inconsistent and referred to as is inconsistent with the provisions of this repealed. Act, is hereby repealed. OTTAWA : Printed by Beown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 1081 47 VIC, CHAP. 5. An Act for giving effect to an agreement therein men- tioned between the Government of the Dominion and that of Nova Scotia. Preamble. [Assented lo 19th April, 1884.] |_| ER Majesty, by and with the advice and consent of the -'-*- Senate and House of Commons of Canada, enacts as follows : — Purchase by Government of a certain railway and equipment, &c., author- ized. Proviso : pre^ liminary conditions required. 1- The Government of Canada may, under an order of the Governor in Council, purchase and acquire for the Dominion, from the Government of Nova Scotia, the Eastern Extension Eailway from New Glasgow to the Gut of Canso, and the steam ferry in connection therewith, together with the rights of the said Province in the Truro and Pictou Branch Eailway, for the sum of one million two hundred thousand dollars, and the new rolling stock and equipments of the said railway for a sum equal to the cost thereof and charges, — the said sums, with interest thereon at six and one-half per cent, per annum from the first day of October, one thousand eight hundred and eighty-three, to be payable out of the Consolidated E-evenue Fund of Canada : Pro- vided, that the necessary legislative provisions shall have been made by Nova Scotia for giving effect to the said pur- chase and acquisition, according to the agreement between the two Governments to that effect, laid before Parliament on the sixth day of February, one thousand eight hundred and eighty-four, and that the accounts between the two Governments in connection with the said purchase shall have been previously settled to the satisfaction of the Gov- ernment of Canada. OTTAWA -. Printed by Bkown Chamberhn, Law Printer to the Queen's Moat Excellent Majesty. 1082 47 VIC, CHAP. 6. An Act respecting the Vancouver Island Railway, the Esquimau Graving Dock, and certain Railway Lands of the Province of British Columbia, granted to the Dominion. [Assented to 19th April, 1884.] WHEEEAS negotiations between the Grovernments of Preamble. Canada and British Columbia have been recently pending, relative to delays in the commencement and con- struction of the Canadian Pacific Railw^ay, and relative to the Yancouver Island Railway, the Esquimalt Graving Dock, and certain railway lands of the Province of British Oolnmbia ; And whereas, for the purpose of settling all existing dis- Recital of putes and difficulties between the two G-overnments, it hath ^°^^°"=''* " been agreed as follows : — (a.) The Legislature of British Columbia shall be invited Lands on to amend the Act number eleven, of one thousand eight BriUsh'co^^ hundred and eighty, intituled: "An Act to authorize ^/te lumbia. grant of certain public lands on the Mainland of British Co- lumbia to the Government of the Dominion of Canada for Cana- dian Pacific Railway purposes" so that the same extent of land on each side of the line of railway through British Columbia, wherever finally settled, shall be granted to the Dominion Government in lieu of the lands conveyed by that Act : [b.) The Government of British Columbia shall obtain the Lands on authority of the Legislature to grant to the Government of Sand"''^'^ Canada a portion of the lands set forth and described in the Act, number fifteen, of one thousand eight hundred and eighty-two, intituled : "An Act to incorporate the Vancouver Land and Railway Company" namely, that portion of the said lands therein described, commencing at the southern houndary thereof and extending to a line running east and West, half way between Comox and Seymour Narrows ; and also a further portion of the lands conveyed by the said Act to the northward of and contiguous to that portion of the said lands last hereinbefore specified, equal in extent to the lands within the limits thereof which may have been alienated from the Crown by Crowai grants, pre-emption or otherwise : 1083 Chap. 6. Agreement with British Columbia. 47 ViCT. Incorporation of railway company on Island. Grant of land by Canada for Lands in (c.) The Grovernment of British Columbia shall obtain the distrfct. ^^^^ authority of the Legislature to convey to the G-overnment of Canada three and one-half millions of acres of land in the Peace Eiver District of British Columbia, in one rectangular block, east of the Eocky Mountains and adjoining the North- West Territories of Canada : (d.) The GrovemEaent of British Columbia shall procure the incorporation, by Act of their Legislature, of certain per- sons, to be designated by the Government ofCanada, for the construction of the railway from Esquimalt to Nanaimo : (e.) The G-overnment of Canada shall, upon the adoption by the Legislature of British Columbia of the terms of this E^^'uSairt™ agreement, seek the sanction of Parliament to enable them Nanaimo. to contribute to the construction of a railway from Esqui- malt to Nanaimo, the sum of seven hundred and fifty thou- sand dollars, and they agree to hand over to the contractors who may build such railway the lands which are or may be placed in their hands for that purpose by British Co- lumbia ; and they agree to take security, to the satisfaction of the Government of that Province, for the construction and completion of such railway on or before the tenth day of June, one thousand eight hundred and eighty-seven, — such construction io commence forthwith : (/.) The lands on Vancouver Island to be so conveyed shall, except as to coal and other minerals, and also except as to timber lands as hereinafter mentioned, be open for four years from the passing of this Act to actual settlers, for agricultural purposes, at the rate of one dollar an acre, to the extent of one hundred and sixty acres to each such actual settler ; and in any grants to settlers the right to cut timber for railway purposes and rights of way for the railway and stations and workshops shall be reserved ; in the meantime,- and until the railway from Esquimalt to Nanaimo shall have been completed, the Government of British Columbia shall be the agents of the Government of Canada for administering for the purposes of settlement the lands in this sub-section mentioned ; and for such purposes the Gov- ernment of British Columbia may make and issue, subject as aforesaid, pre-emption records to actual settlers of the said As to moneys lands : all moneys received by the Government of British Columbia in respect of such administration shall be paid, as received, into the Bank of British Columbia, to the credit of the Keceiver General of Canada ; and such moneys, less expenses incurred, if any, shall, upon the completion of the railway to the satisfaction of the Dominion Government, be paid over to the railway contractors : (g.) The Government of Canada shall forthwith take over completion by and Seek the authority of Parliament to purchase and com- dry'dock at plete, and shall, upon the completion thereof, operate as a Dominion work, the dry dock at Esquimalt ; and shall be entitled to have conveyed to them all the lands, approaches and plant belonging thereto, together with the Imperial 1084 Security for constructionc Administra- tion of lands for such rail- way granted by British Columbia. Provincial Government to act as agent for Government of Canada. received under such agency. Pirchase and Esquimalt. 1884. Agreement with British Columbia. Chap. 6. 3 appropriation therefor, and shall pay to the Province as the price thereof the sum of two hundred and fifty thousand dollars, and shall further pay to the I'rovince whatever amounts shall haA''e been expended by the >^rovincial Grov- eminent or which remain due up to the time of the passing of this Act, for work or material supplied by the G-overn- ment of British Columbia since the twenty-seventh day of June, one thousand eight hundred and eighty-two : (A.) The Grovernment of Canada shall, with all convenient Sale of speed, oflfer for sale the lands within the railway belt upon "^n^'mamiaTif^ the mainland, on liberal terms to actual settlers ; and — (i.) Shall give persons who have squatted on any of the Provision as said lands, within the railway belt on the mainland, prior ^^^1"^"^'^^' •to the passing of this Act, and who have made substantial improvements thereon, a prior right of purchasing the lands so improved at the rates charged to settlers generally : (A.) This agreement is to be taken by the Province in full Agreement to of all claims up to this date by the Province against the [j^^^j"Jj^j.™g^_* Dominion, in respect of delays in the commencement and tain claims iconstruction of the Canadian Pacific Kailway, and in respect Q^f^^'b;^ q^ of the non-construction of the Esquimalt and Nanaimo Rail- Canada, way, and shall be taken by the i'ominion Grovernment in satisfaction of all claims for additional lands under the terms of Union, but shall not be binding unless and until the same shall have been ratified by the Parliament of Canada and the Legislature of British Columbia ; And whereas the Legislature of British Columbia, has by Ratification an Act assented to on the nineteenth day of December, one by^fritish thousand eight hundred and eighty-three, intituled, " An Columbia. Act relating to the Island Raikoay, the Graving Dock and "railway lands of the Province" adopted the terms of the said agreement, and it is expedient that it should be rati- fied by the Parliament of Canada, and that provision should be made to carry out the terms thereof according to their purport : Therefore Her Majesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows : — !• The hereinbefore recited agreement is hereby approved q^^^I^ and ratified. THE ESQUIMALT AND NANAIMO RAILWAY. 2- The agreement, a copy of which, with specification, is Agreement hereto appended as a schedule, for the construction, equip- t-'gn'^orraii-' inent, maintenance and working of a continuous line ofwayratfied. railway of a uniform gauge of four feet, eight and one-half inches, from Esquimalt to Nanaimo in Vancouver Island, British Columbia, and also for the construction, equipment, maintenance and working of a telegraph line along the line of the said railway, is hereby approved and ratified, and the 1085 CHap. 6. Agreement with British Columbia. 47 ViCT. Sabsidj of $150,000 and land towards construction of railway. With certain rights con- nected with the lands. Grovernor in Council is authorized to carry out the pro- visions thereof according to their purport. 3« The .Grovernor in Council may grant to "The Esqui- malt and Nanaimo Railway Company," mentioned in the said agreement and incorporated by the Act of the Legisla- ture of British Columbia lastly hereinbefore referred to, in aid of the construction of the said railway and telegraph line, a subsidy in money of seven hundred and fifty thou- sand dollars, and in land, all of the land situated on Van- couver Island, which has been granted to Her Majesty by the Legislature of British Columbia by the Act last afore- said, in aid of the construction of the said line of railway, in so far as such land shall be vested in Her Majesty and held by her for the purposes of the said railway, or to aid in the construction of the same ; and also all coal, coal oil, ores, stones, clay, marble, slate, mines, minerals and sub- stances whatsoever in, on or under the lands so to be granted to the said Company as aforesaid, and the foreshore rights in respect of all such lands as aforesaid, which are to be granted to the said Company as aforesaid, and which border on the sea, together with the privilege of mining under the foreshore and sea opposite any such land, and of mining and keeping for their own use all coal and minerals, herein mentioned, under the foreshore or sea opposite any such lands, in so lar as such coal, coal oil, ores, stones, clay, mar- ble, slate, mines, minerals and substances whatsoever, and foreshore rights are vested in Her Majesty as represented by the Dominion Government. Conditions of 4. The Said money subsidy shall be paid to the said Com- Buiteid^y to pany by instalments, on the completion of each ten miles of company. railway and telegraph line, such instalments to be propor- tionate to the value of the part of the lines completed and equipped in comparison with the w^hole of the works under- taken, the proportion to be established by the report of the Minister of Railways and Canals. Further con- 5. The said Company shall furnish profiles, plans and plans" profiles l^i^ls of quantities of the whole line of railway in ten mile andestimates. sections, and before the work is commenced on any ten mile section, such profiles, plans and bills of quantities shall be approved by the Grovernor in Council ; and before any payments are made the said Company shall furnish such further returns as may be required to satisfy the Minister of Railways and Canals as to the relative value of the works executed, with that remaining to be done. 6. The Minister of Railways and Canals shall retain five unm'co™ per centum of the subsidy, or of such part thereof as the lion and said Company may be entitled to, for three months after the ^pprovai of completion of the said railway and telegraph line and the 1086 Percentage to be re tain e until comple- 1884. Agreement with British Columbia. Chap. 6. 5 works appertaining thereto, and for a farther period until the said Minister is satisfied that all failures or defects in the said line of railway and telegraph line, respectively, and the works appertaining thereto, that may have been discovered during the said period of three months, or such further period, have been permanently made good, and no land shall be conveyed to the said Company until the road is fully completed and equipped. '7' The land grant shall be made, and the land, in so far Provisions as as the same shall be vested in Her Majesty and held by Her ^ncTof land Majesty for the purposes of the said railway, or to aid in granted to the construction of the same, shall be conveyed to the said company- Company upon the completion of the whole work to the entire satisfaction of the Governor in Council, but so, never- Subject to theless, that the said lands and the coal oil, coal and other ditVo^ns.*^""" minerals and timbers thereunder, therein or thereon, shall be subject in every respect to the following provisions : — 1. The lands to be so conveyed shall, except as to coal Grants there- and other minerals, and also except as to timber lands as of to settlers. hereinafter mentioned, be open for four years from the nineteenth day of December, in the year of our Lord, one thousand eight hundred and eighty-three, to actual settlers, for agricultural purposes, at the rate of one dollar an acre, to the extent of one hundred and sixty acres to each such actual settler ; grants thereof shall be made under the Great Seal, and in any such grants the right to cut timber for railway purposes and rights of way for the railway and stations and workshops shall be reserved ; in the meantime. Government until the railway from Esquimalt to Nanaimo shall have ju^^^a to act been completed, the Government of British Columbia shall as agent in be the agent of the Government of Canada, for administer- ''^^'^^'^ ^ants ing, for the purposes of settlement, the lands in this sub-sec- xmtii compi&- tion mentioned ; and for such purposes the Government of ^^°^ of laii- British Columbia may make and issue, subject as aforesaid, ^' pre-emption records to actual settlers of the said lands ; all moneys received by the Government of British Columbia in respect of such administration shall be paid, as received, into the Bank of British Columbia, to the credit of the E,e- iceiver General of Canada ; and such moneys, less expenses incurred, if any, shall, upon the completion of the railway to the satisfaction of the Dominion Government, be paid over to the railway company : 2. Every &ore<2_;?5e squatter who has continuously occu- Provisions as pied and improved any of the lands within the tract of land *° squatters. to be acquired by the Company from the Dominion Govern- ment for a period of one year prior to the first day of Janu- ary, one thousand eight hundred and eighty-three, shall be entitled to a grant of the freehold of the surface rights of the said squatted land, to the extent of one hundred and sixty acres, at the rate of one dollar per acre : lOST Chap. 6. Agreement with British Columbia. 47 Vict. As to sale of coal got fam lands by company. Timbered lands. Existing rights saved. Admission of certain arti- cles for rail- "way free of duty. Commence- ment and completion ot railway and telegraph line. Forfeiture in case of default. 3. The said Company shall, at all times, sell coals gotten from the lands that may be acquired by them from the Do- minion Grovernment to any Canadian railway company having the terminus of its railway on the seaboard of British Columbia, and to the Imperial, Dominion and Pro- vincial authorities, at the same rates as may be charged to any railway company owning or operating any railway in the United States, or to any foreign customer whatsoever ; 4. All lands acquired by the said Company from the Do- minion Government under this Act, containing belts of^ timber fit for milling purposes, shall be sold at a price to be hereafter fixed by thS Grovernment of the Dominion, or by the said Company : 5. The existing rights, if any, of any persons or corpora- tions in any of the lands so to be acquired by the Company, shall not be affected by this Act. 8. All steel rails, fish-plates and other fastenings, spikes, bolts and nuts, wire, timber and all material for bridges, to be used in the original construction of the said railway and of the telegraph line in connection therewith, and all tele- graphic apparatus required for the first equipment of such telegraph line, shall be admitted into Canada free of duty. ?>• The said Company shall commence the works included in the annexed schedule forthwith, and shall complete and equip the said railway and telegraph line by the tenth day of June, one thousand eight hundred and eighty-seven ; and in default of such completion and equipment, as aforesaid, on or before the last mentioned date, the said Company shall forfeit all right, claim or demand to the sum of money and percentage retained by the Minister of Railways and Canals, and any and every part thereof, — to any moneys whatever which may be, at the time of the failure of the completion, as aforesaid, due or owing from Her Majesty to the said company, — to the land grant, — and also to the moneys de- posited as security for the construction of the said railway and telegraph line. THE ESQUIMALT GRAVING DOCK. Purchase of lo. The Grovernment of Canada may purchase and com- for the^Esqui- plete, and shall, upon the completion thereof, operate as a malt dry Dominion work, the dry dock at Esquimalt, and shall be ^ °'^ ' entitled to and have conveyed by the Government of British Columbia to Her Majesty, for Canada, all the lands, approaches, and plant belonging thereto, together with the Imperial appropriation therefor, and shall pay to the Pro- vince of British Columbia as the price thereof the sum of two hundred and fifty thousand dollars, and shall further pay to the said Province whatever amounts shall have been expended by the Government of that Province, or which 1088 1884. Agreement with British Columbia. Chap. 6. t remain due by it up to the time of the passing of this Act, for work or material performed or supplied by the said Grovernment in respect of the said dock and works since the twenty-seventh day of June, one thousand eight hun- dred and eighty-two. .U, i,U« ^ J/. JA, TP TV- •TV" -Tf" Tf PAYMENTS FEOM CONSOLIDATED KEVENTJE FUND. 13. All payments authorized by this Act shall shall be Payments out made out of any unappropriated moneys forming part of the ^^1°^' ^®^" Consolidated Revenue Fund of Canada. CIVIL AND CRIMINAL JURISDICTION. 14. Until the boundary line between British Columbia Jurisdiction and the North- West Territories is finally settled and located, easel'"'"*'' and such settlement and location is published in the Canada Gazette, the courts of the said Province shall have civil and criminal jurisdiction in and over all the territory west of the line laid down in Trutch's map of eighteen hundred and seventy-one, as the eastern boundary of the Province, and the continuation of that line along the one hundred and twentieth meridian of the west longitude until it reaches the northern boundary of the Province ; and all offences committed in any part of the said territory may be stated in any war- rant, indictment or other legal instrument or proceeding to have been committed in British Columbia. SCHEDULE. Articles of Agreement made and entered into this twentieth day of August, in the year of our Lord, one thousand eight hundred and eighty-three : Between Robert Dunsmuir, James Duusmuir and John Bryden, all of Nanaimo, in the Province of British Colum- bia; Charles Crocker, Charles F. Crocker, and Leland Stanford, all of the city of San Francisco, California, United States of America ; and CoUis P. Huntington, of the city of New York, United States of America, of the first part ; and Her Majesty Queen Victoria, represented herein by the Minister of Railways and Canals, of the second part : 5 Whereas it has been agreed by and between the Grovern- ments of Canada and British Columbia, that the Grovern- ment of British Columbia should procure the incorporation, by an Act of their Legislature, of certain persons to be designated by the Grovernment of Canada, for the construc- tion of a railway from Esquimalt to Nanaimo, and that tile Grovernment of Canada should take security from such Company for the construction of such railway : 69 1089 Chap. 6. Agreement with British Columbia. 47 ViCT. And whereas the parties hereto of the first part, are as- sociated together for the purpose of constructing or con- tracting for the construction of a railway and telegraph line from Esquimalt to Nanaimo, and are hereafter referred to as the said contractors : Now THESE PRESENTS WITNESS, that in Consideration of the covenants and agreements on the part of Her Majesty hereinafter contained, the said contractors covenant and agree with Her Majesty as follows : — 1. In this contract the word " work " or " works " shall, unless the context requires a different meaning, mean the whole of the works, material, matter and things to be done, furnished and performed by the said contractors under this, contract. 2. All covenants and agreements herein contained shall be binding on and extend to the executors, administrators, and assigns of the said contractors, and shall extend and be binding upon the successors of Her Majesty ; and wherever in this contract Her Majesty is referred to, such reference shall include Her successors ; and wherever the said con- tractors are referred to, such reference shall include their executors, administrators and assigns. 3. That the said contractors shall and will well, truly and faithfully lay out, make, build, construct, complete, equip, maintain and work continuously a line of railway of a uni- form gauge of four feet eight and a-half inches, from Esqui- malt to Nanaimo, in Vancouver Island, British Columbia, the points and approximate route and course being shown on the map hereunto annexed, marked B, and also construct, maintain and work continuously a telegraph line through- out and along the said line of railway, and supply all such telegraphic apparatus as may be required for the proper equipment of such telegraph line, and perform all engin- eering services, whether in the field or in preparing plans or doing other office work, to the entire satisfaction of the Grovernor in Council. 4. That the said contractors shall and will locate and construct the said line of railway in as straight a course as practicable, between Esquimalt and .'^anaimo, with only such deviations as may seem absolutely indispensable to avoid serious engineering obstacles, and as shall be.allowed by the Governor in Council. 5. That the gradients and alignments shall be the best that the physical features of the country will admit of, without involving unusually or unnecessarily heavy works of construction, with respect to which the Governor in Council shall decide. 6. That the said contractors shall and will furnish pro- files, plans and bills of quantities of the whole line of rail- way in ten mile sections, and that before the work is com- menced on any ten mile section, such profiles, plans and .; bills of quantities shall be approved by the Governor in loyo 1884. Agreement vnth British Columbia. Chap. 6. Council, and before any payments are made the said con- tractors will furnish such further returns as may be re- quired to satisfy the Minister of Kailways and Canals as to the relative value of the works executed with that remain- ing to be done. 7. That the Minister of Eailways and Canals may keep and retain five per cent, of the subsidy, or of such part thereof as the said contractors may be entitled to, for three months after the completion of the said railway and telegraph line and the works appertaining thereto, and for a further period, until the said Minister of Eailways and Canals is satisfied that all failures or defects in said line of railway and tele- graph line, respectively, and the works appertaining thereto that may have been discovered during the said period of three months, or such further period, have been permanently made good, and that no lands shall be conveyed to the said contractors until the road is fully completed and equipped. 8. That the said contractors shall commence the works embraced in this contract forthwith, and shall complete and equip the same by the tenth day of June, eighteen hundred and eighty-seven, time being declared material and of the essence of the contract, and in default of such com- pletion and equipment ,as aforesaid, on or before the last mentioned date, the said contractors shall forfeit all right, claim or demand to the sum of money and percentage herein- before agreed to be retained by the Minister of Eailways and Canals, and any and every part thereof, and also to any moneys whatever which may be, at the time of the failure of the completion as aforesaid, due or owing to the said contractors, as also to the land grant, and also to the moneys to be deposited as hereinafter mentioned. 9. That the said contractors will, upon and after the com- pletion and equipment of the said line of railway and works appertaining thereto, truly and in good faith keep and maintain the same, and the rolling stock required therefor, in good and efficient working and running order, and shall continuously and in good faith operate the same, and also the said telegraph line and will keep the said telegraph line and appurtenances in good rtmning order. 10. That the said contractors will build, construct, com- plete and equip the said line of railway and works apper- taining thereto in all respects in accordance with the speci- fication hereunto annexed marked A, and upon the line of location to be approved by the Governor in Council. 11. The character of the railway and its equipments shall be in all respects equal to the general character of the Canadian Pacific Eailway, now under construction in British Columbia, and the equipments thereof. 12. And that the said line of railway and telegraph line, and all works appertaining thereto respectively, together with all franchises, rights, privileges, property, personal and leal estate of every character appertaining thereto, shall 69J lO'Jl 10 Chap. 6. Agreement with British Columbia. 47 ViCT. upon the completion and equipment of the said line of rail- way and works appertaining thereto, in so far as Her Majesty shall have power to grant the same respectively, but no further or otherwise, be the property of the said contractors. 13. And Her Majesty in consideration of the premises, hereby covenants and agrees to permit the admission free of duty of all steel rails, fish-plates and other fastenings, spikes, bolts and nuts, wire, timber, and all material for bridges to be used in the original construction of the rail- way, and of a telegraph line in connection therewith, and all the telegraphic apparatus required for the first equip- ment of such telegraph line ; and to grant to the said con- tractors a subsidy in money of $t50,000 (seven hundred and fifty thousand dollars), and in land, all of the land situated on Vancouver Island (except such parts thereof as may have, at any time heretofore, been reserved for naval or military purposes, it having been intended that all of the lands so reserved should be excluded from the operation of the Act passed by the Legislature of the Province of British Columbia, in the year 1883, entitled ''An Act relating to the Island Railway, the Graving Dock and Railway Lands of the Pro- vince" in like manner as Indian reserves are excluded there- from), which has been granted to Her Majesty by the Grovernment of British Columbia by the aforesaid Act in consideration of the construction of the said line of railway, in so far as such lands shall be vested in Her Majesty, and held by her for the purposes of the said railway, or for the purpose of constructing or to aid in the construction of the same, and also all coal, coal oil, ores, stones, clay, marble, slate, mines, minerals and substances whatsoever in, on or under the lands so agreed to be granted to the said con- tractors as aforesaid, and the foreshore rights in respect of all such lands as aforesaid, which are hereby agreed to be granted to the said contractors as aforesaid, and border on the sea, together with the privilege of mining under the foreshore and sea opposite any such land, and of mining and keeping for their own use all coal and minerals (herein mentioned) under the foreshore or sea opposite any such lands, in so far as such coal, coal oil, ores, stones, clay, marble, slate, mines, minerals and substances whatsoever, and fore- shore rights are owned by the Dominion Grovernment, — for which subsidies the construction of the railway and tele- graph line from Esquimalt to Nanaimo shall be completed, and the same shall be equipped, maintained and operated. 14. The said money subsidy will be paid to the said con- tractors by instalments, on the completion of each ten miles of railway and telegraph line, such instalments to be pro- portionate to the value of the part of the lines completed and equipped in comparison with the whole of the works undertaken, — the proportion to be established by the report of the Minister of Eailways and Canals. 1092 1884. Agreement with British Columbia. Chap. 6. 11 15. The land grant shall be made, and the land, in so far as the same shall be vested in Her Majesty and held by Her Majesty for the purposes of the said railway, or for the pur- poses of constructing or to aid in the construction of the same, shall be conveyed to the said contractors upon the completion of the whole work to the entire satisfaction of the Grovernor in Council, but so, nevertheless, that the said lands, and the coal oil, coal and other minerals, and timber thereunder, therein or thereon, shall be subject in every respect to the several clauses, provisions and stipulations referring to or affecting the same, respectively, contained in the aforesaid Act passed by the Legislature of the Province of British Columbia, in the year 1883, intituled, '^ An Act relating to the Island Railway, the Graving Dock and Rail- way Lands of the Province" as the same maybe amended by the Legislature of the said Province, in accordance with a draft bill now prepared, which has been identified by Sir Alexander Campbell and the Hon. Mr. Smithe, and signed by them and placed in the hands of the Hon. Joseph Wil- liam Trutch, and particularly to sections twenty-three, twenty-four, twenty-five and twenty-six of the said Act. And it is hereby further agreed by and between Her Majesty, represented as aforesaid, and the said contractors that the said contractors shall, within ten days after the execution hereof by Her Majesty, represented as aforesaid, or by the said Minister on behalf of Her Majesty, apply to the Grovernment of Canada to be named by the Grovernor in Council as the persons to be incorporated under the name of the Esquimalt and Nanaimo Railway Company ; and that immediately after the said contractors shall have been so incorporated, this contract shall be signed and trans- ferred by them to the said company, and such company shall forthwith, by deed entered into by and between Her Majesty, represented as aforesaid, and the said company, assume all the obligations and liabilities incurred by the said contractors hereunder or in any way in relation to the premises. The said contractors shall, on the execution hereof, de- posit with the Receiver Greneral of Canada the sum of 1250,000 (two hundred and fifty thousand dollars) in cash as a security for the construction of the railway and tele- graph line hereby contracted for ; the Grovernment shall pay to the contractors interest on the cash deposited at the rate of four per cent, per annum, half-yearly, until de- fault in the performance of the conditions hereof or until the return of the deposit, and shall return the deposit to the said contractors on the completion of the said railway and telegraph line according to the terms hereof, with any in- terest accrued thereon ; but if the said railway and tele- graph line shall not be so completed, such deposit and all interest thereon which shall not have been paid to the con- tractors shall be forfeited to Her Majesty for the use of the 1093 il2 Chap. 6. Agreement with British Columbia. 47 ViCT. Grovernment of the Dominion of Canada. In witness whereof, the parties hereto have executed these presents, the day and year first above written. For the Minister of Eailways and Canals. (Signed), A. CAMPBELL, Minister of Justice. (Signed), RO^^ERT DUNSilUIR, JOHN BRYDEN, JAMES DUNSMUIR, CHARLES CROCKER, CHARLKS F. CHOCKER, LELAND STANFORD, byChas. Crocker his Attorney in fact. COLLIS P. HUNTINGTON, by Chas. Crocker his Attorney in fact. Signed, sealed and delivered by the within named Robert Dunsmuir, James Dunsmuir, John Bryden, Charles Cracker, Chas. F. Crocker, Leland Stanford and CoUis P. Huntington, and by Sir Alexander Campbell for the Minister of Railways and Canals, as an escrow, and placed in the hands of the Honorable Joseph William Trutch, until the sanction of Par- liament shall have been obtained to the payment of the sub- sidy and to the other stipulations on the part of the Do- minion herein contained requiring its sanction, and until the Act passed by the Legislature of the Province of British Columbia, in the year one thousand eight hundred and eighty-three, intituled " An Act relating to the Island Rail- way, the Graving Dock and Railway Lands of the Province" shall have been amended by the Legislature of the said Province in accordance with a draft bill now prepared and which has been identified by Sir Alexander Campbell and the Honorable Mr. Smithe and signed by them and deposited in the hands of the said Joseph William Trutch, in the presence of (Signed), H. G. HOPKIRK. A. (this is the specification marked a referred to in the CONTRACT HERETO ANNEXED, DATED THIS 20tH AtTGUST, 1883.) Specification for a line of railway from Esquimalt to Nanaimo, in Vancouver Island in British Columbia. 1 . The railway shall be a single line, with gauge four feet eight and a-half inches, with necessary sidings. 2. The alignments, gradients and curvatures shall be the best that the physical features of the country will admit of, the maximum grade not to exceed eighty feet to the mile, 109 i 1884. Agreement with British Columbia. Chap. 6. 13 and the mmimum curvature not to be of less radius than eight hundred feet. 3. In all wooded sections the land must be cleared to the -width of fifty feet on each side of the centre of line. All brush and logs must be completely burnt up, and none thrown on to the adjacent lands. 4. All stumps must be grubbed out within the limits of cuttings under three feet in depth or embankments less than two feet in depth. 6. All stumps must be close-cut where embankments are less than four feet and more than two feet in height. 6. Through settlements, the railway must be enclosed with substantially built legal fences. *l. Eoad crossings, with cattle guards and sign boards, shall be provided wherever required. 8. The width of cuttings at formations shall be twenty feet, embankments sixteen feet. t 9. Efficient drainage must be provided either by open ditches or under drains. 10. All bridges, culverts and other structures must be of ample size and strength for the purpose intended. Piers and abutments of bridges must be either of substantial massive stone masonry, iron or wood, and in every essential particular, equal to the best description of like works employed in the construction of the Canadian Pacific Rail- way in British Columbia. Arched culverts must be of good solid masonry, equal in every respect to similar structures designed for the Canadian Pacific Railway in British Columbia. Box culverts must be of either masonry, iron or wood. 11. The passenger station houses, freight sheds, work- shops, engine houses, other buildings and wharves, shall be suificient in number and size to efficiently accommodate the business of the road, and they shall be either stone, brick or timber, of neat design, substantially and strongly built. 12. The rails shall be of steel, weighing not less than fifty pounds per lineal yard of approved section, and with the most approved fish-plate joints. 13. The roadway must be well ballasted with clean gravel or other suitable material. 14. Sufficient siding accommodation shall be provided by the contractors, as may be necessary to meet the require- ments of the traffic. 15. Sufficient rolling stock, necessary to accommodate the business of the line, shall be provided by the contrac- 1095 14 Chap. 6. ■ Agreement with British Columbia. 4t ViCT. tors, witli stations and terminal accommodations, including engine sheds, turn-tables, shops, water tanks, machinery, ■wharves, &c. A. CAMPBELL, Minister of Justice, for the Minister of Railways and Canals. ROBERT DUNSMUIR. OTTAWA : Printed by Brown Chambbelin, Law Printer to tlie Queen's Most Excellent Majesty. 1096 47 VIC, CHAP. 8. An Act to authorize certain subsidies and grants for and in respect of the construction of the lines of railway therein mentioned. [Assented to 19th April, 1884.] TTER Majesty, by and with the advice and consent of the Preamble. -'-'• Senate and House of Commons of Canada, enacts as follows : — !• The Governor in Council may grant the subsidies Subsidies may hereinafter mentioned, to and for the parties, railways and pesfect tf/fte railway companies hereinafter mentioned, that is to say: — railways here- inafter men- To the Government of the Province of Quebec, m tioned. consideration of their having constructed the railway from Quebec to Ottawa, forming a connecting line between the Atlantic and Pacific coasts via. the Intercolonial and Cana dian Pacific Eailways, and being, as such, a work of national and not merely Provin- cial utility, a subsidy not exceeding |6,000 per mile for the portion between Quebec and Montreal, 159 miles, nor exceeding in the whole $ 954,000 And for the portion between Montreal and Otta- wa, 120 miles, $12,000 per mile, nor exceed- ing in the whole.... , 1,440,000 For the construction of a line of railway connect- ing Montreal with the harbors of St. John and Halifax by the shortest and best practic- able route, after the report of competent en- gineers, a subsidy not exceeding $170,000 per anniim for fifteen years, or a guarantee of a like sum for a like period as interest on bonds of the company undertaking the work. For the construction of a line of railway from Oxford Station on the Intercolonial Railway to Sydney or Louisburg, a subsidy not ex- ceeding $30,000 per annum for fifteen years, or a guarantee of a like sum for a like period as interest on the bonds of the company undertaking the work, in addition to the 1097 Chap. 8. Railway Subsidies. 4tl ViCT. subsidies previously granted, and also a lease or transfer to such company of the Eastern Extension Railway from New Glasgow to Canso, with its present equipment. To the Quebec Central Railway Company for a line of railway from Beauce Junction to the International Boundary line, a subsidy not exceeding |3,200 per mile, nor exceeding in the whole 211,200 For the extension of the Canadian Pacific Rail- way, from its terminus at St. Martin's Junc- tion, near Montreal, or some other point on the Canadian Pacific Railway to the harbor of Quebec, in such manner as may be ap- proved by the Governor in Council, a sub- sidy not exceeding $6,000 per mile, nor exceeding in the whole 960,000 To the Irondale, Bancroft and Ottawa Railway Company, for a line of railway from the Victoria branch of the Midland Railway to the village of Bancroft, in the township of Dungannon, county of Hastings, a subsidy not exceeding |3,200 per mile, nor exceeding in the whole 160,000 To the Pontiac Pacific Junction Railway for a line of railway from Hull or Aylmer to Pembroke, provided the Ottawa River is crossed at some point not east of Lapasse, a subsidy not exceeding |3,200 per mile, nor exceeding in the whole 272,000 To the Gatineau Railway Company, for a line of railway from Kazuabazua to Le Desert, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 160,000 To the Napanee, Tam worth and Quebec Railway Company, for a line of railway from Tam- worth to Bogart and Bridgewater, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole '70,400 To the Montreal and Western Railway Company, for a line of railway from the end of the line subsidized in the now last Session of Parlia- ment, towards Le Desert, a subsidy not ex- ceeding $3,200 per mile, nor exceeding iu the whole 160,000 To the Northern and Western Railway Company, for a line of railway from Fredericton to the Miramichi River, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole (instead of the subsidy proposed in 1883).... 128,000 To the Erie and Huron Railway Company, for a line of railway from Wallaceburg to Sarnia, 1098 1884. Railway Subsidies. Chap. 8. a subsidy not exceeding |3,200 per mile, nor exceeding in the whole 96,000 To the Ontario and Pacific Railway Company, for a line of railway from Cornwall to Perth, a subsidy not exceeding |3,200 per mile, nor exceeding in the whole 262,400 To the Kingston and Pembroke Railway Com- pany, for a line of railway from Mississippi to Renfrew, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 48,000 To the Great Northern K ailway Company, for that portion of their railway between St. Jerome and New G-lasgow, in the county of Terrebonne, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 32,000 For a line of railway and bridge between the Jacques Cartier Union Railway Junction with the Canadian Pacific Railway and St. Martin's Junction, connecting the Jacques Cartier Union Railway with the North Shore Railway proper, a subsidy not exceeding in the whole 200,000 For a line of railway from Richibucto to St. Louis, a subsidy not exceeding |3,200 per mile, nor exceeding in the whole 22,400 For a line of railway from Hopewell to Alma, in the Province of New Brunswick, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 51,200 For a line of railway from St. Andrews to La- chute, in the county of Argenteuil, a subsidy not exceeding |3,200 per mile, nor exceeding in the whole 22,400 For a line of railway from the Grand Piles, on the River St. Maurice,to Lake Edward, a sub- sidy not exceeding $3,200 per mile, nor ex- ceeding in the whole 21*7,600 For aline of railway from Annapolis to Digby, in the Province of Nova Scotia, a subsidy not exceeding $8,200 per mile, nor exceeding in the whole 64,000 For a line of the Central Railway, from the head of Grand Lake to the Intercolonial Railway, between Sussex and St. John, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 128,000 To the Caraquet Railway Company, for the ex- tension of their line of railway from Caraquet to Shippegan Harbor, in the Province of New Brunswick, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole. 16,800 1099 Chap. 8. Railway Subsidies. 47 ViCT. For a branch of the Intercolonial Railway, from Metapediac eastward, towards Paspebiac, twenty miles, in the Province of Quebec, a sum not exceeding in the whole 300,000 For a branch of the Intercolonial Eailway, from Derby Station to Indian Town,fourteen miles, a sum not exceeding in the whole 140,000 To what com- panies and on what condi- tions. Commence- ment and completion . Specification and location. How payable Capitaliza- tion of sub- sidies to Quebec. GoTernment works. Proviso: as to running powers. The subsidies hereinbefore mentioned as to be granted to companies named for that purpose, sliall be granted to such companies respectively ; the other subsidies shall be granted to such companies as shall be approved by the Grovernor in Council as having established, to his satisfaction, their ability to construct and complete the said railways, respectively. All the lines for the construction of which subsidies are granted shall be commenced within two years from the first day of July next and completed within a reasonable time, not to exceed four years, to be fixed by Order in Council, except the line mentioned in the fourth section of this Act, which shall be commenced within one year, and shall also be con- structed according to descriptions and specifications and upon conditions to be approved by the G-overnor in Council, on the report of the Minister of Railways and Canals, and specified in an agreement to be made in each case by the Company with the Government, and which the Govern- ment is hereby empowered to make ; the location also of every such line of railway shall be subject to the approval of the G-overnor in Council; and all the subsidies respec- tively shall be payable out of the Consolidated Revenue Fund of Canada, by instalments on the completion of each section of the railway of not less than ten miles, proportion- ate to the value of the portion so completed, in comparison with that of the whole work undertaken, to be established by the report of the said Minister. The subsidies to the Province of Quebec shall be capitalized and the interest shall be payable at such time and in such manner as the Government of Canada shall agree upon with the Govern- ment of the said Province. The two subsidies last men- tioned in the list are for works to be constructed by the Government of Canada : Provided always, that the granting of such subsidies to the companies mentioned, respectively, shall be subject to such conditions for securing such running powers or traffic arrangements and other rights, as will afford all reasonable, facilities and equal mileage rates to all railways connecting with those so subsidized, as the Governor in Council may determine. Act 46 v., c. 25, amended. 2. The first section of the Act forty-sixth Yictoria, chap- ter twenty-five, is hereby amended by striking out the words, " To the Great American and European Short Line Railway Company," and by substituting the word "the" JlOO 1884. Railway Subsidies. Chap. 8. 6 for the word " their," which is next after the words so struck out and the words and figures " for 80 miles of," in the same item. 3. The Canadian Pacific Railway Company may, within C. P.R. Corn- six months from the passing of this Act, purchase the North pur^hase'^or _ Shore Railway from St. Martin's Junction to Quebec, or may acquire coq- ' obtain control of the same, or may make with the owners g^j^o^g °'^ of the said railway such arrangements as will allow the Railway. said Canadian Pacific Railway Company to extend its rail- way to Quebec, — failing which, the provisions contained in the three following sections may take effect. 4. And whereas it may become necessary for the con- Recital : as to struction of a railway in conformity with the intention and ?f ^l"^ 'g^J"^ purpose of the subsidy for the extension of the Canadian Quebec! Pacific Railway, from its terminus at St. Martin's Junction, or some other point on the said railway to the harbor of Quebec, that a company should be incorporated with the powers requisite for such construction, and for making financial arrangements for the purposes thereof: Therefore, it is hereby further enacted as follows : — For the purpose of incorporating the persons undertaking Company the construction of the said railway, and those who shall be ^^J^ for the' associated with them in the undertaking, and so soon as a construction contract shall be made with them by the Canadian Pacific °J^Q^f^ ^^'*''' Eailway Company for such construction, the GrOA^ernor may grant to them, under such corporate name as he shall deem expedient, a charter conferring upon them the franchises, privileges and powers requisite for the said purposes, which shall be similar to such of the franchises, privileges and F<"''» and ,-,, -1 -j-j.!. J. effect of such powers granted to railway companies during the present charter. Session, as the G-overnor shall deem most useful or appro- priate to the said undertaking ; and such charter, being published in the Canada Gazette, with any Order or Orders in Council relating to it, shall have force and effect as if it were an Act of the Parliament of Canada. 5» The Canadian Pacific Railway Company is hereby 0. P.R. Com- authorized, with the authority of a special general meeting ^ecwne'tL of the shareholders thereof, called for the purpose, — such leasee in authority being established by the vote of shareholders hold- SSa°/. ing at least two-thirds in amount of the shares represented at such meeting, — to accept and hold a lease in perpetuity of the railway of the company so to be incorporated, and to apply the rent thereof to the payment of the interest upon the bonds or debenture stock which shall be issued by such company, or otherwise to guarantee the payment thereof ; and to execute all such deeds or instruments as may be necessary for that purpose. 1101 6 Chap 8. Railway Subsidies. 4t ViCT. Further pro- 6. The extension of the Canadian Pacific Railway refer- such'raUway, ^^d to in the two next preceding sections, may include any and appHca- portion of the railway of any other company, which may be subsidy.''^ acquired, with the approval of the Governor in Council, to form part of such line ; and the said subsidy may be made payable either as the work of construction proceeds or con- verted into a guarantee fund for the payment of interest upon the securities to be issued as charges upon the rail- way, or otherwise, as may be determined by the Grovernor in Council. OTTAWA : Printed by Brown Chambeblin, Law Printer to the Queen's Moat Excellent Majesty. 1102 47 VIC, CHAP. 9. An Act to make further provision towards the completion of the Tidal Dock in the Harbor of Quebec. [Assented to 19th April, 1884.] TTEE Majesty, by and with the advice and consent of the Preamble. -'-'- Senate and House of Commons of Canada, enacts as follows : — 1. The Grovernor in Council may raise, by the issue of f3oo,ooo may ■ DG FE11S6Q fLIlOt debentures in the manner prescribed by the Act, thirty-sixth advanced. Victoria, chapter sixty-two, a further sum not exceeding three hundred thousand dollars, to be advanced from time to time to the Corporation of the Quebec Harbor Commis- sioners, towards the completion of their tidal dock in the said harbor, in addition to the sums authorized by the Act above cited, or any subsequent Act, to be advanced to them for the improvement of the said harbor, — any advance under Subject to this Act being subject to the payment to the Grovernment 35 v!^'c.°62!^ of interest thereon, at the rate of four per cent, per annum, in the manner prescribed by the said Act, thirty-sixth Vic- toria, chapter sixty-two, and subject to all the other provi- sions thereof. OTTAWA : Printed by Brown Chameerlin, Law Printer to the Queen's Most Excellent Majesty. 1103 Preamble. 47 VIC, CHAP. 10. An Act to authorize the advance of a further sum for completing the Graving Dock in the Harbor of Quebec. [Assented to 19th April, 1884.] TTEE Majesty, by and with the advice and consent of the -*-'- Senate and House of Commons of Canada, enacts as follows : — $150,000 may be raised and ■advanced in addition to former advan- ces, and subr ject to provi- sions 0138 v., •c. 56. !• The Grovernor in Council may advance, from time to time, to the Corporation of the Quebec Harbor Commis- sioners, such sum or sums of money, not exceeding in the whole the sum of one hundred and fifty thousand dollars, as may be required to enable them to complete the graving dock now in course of construction in the harbor of Quebec, — such sum or sums to be in addition to any advances already authorized to be made to them for the same pur- pose, and to be raised and advanced to the said corporation in the same way, and on the the same terms and conditions, and subject to the like provisions as to the application of the net income derived from tolls, rates, duties and dues imposed and received, the payment of interest and the formation of a sinking fund for the re-payment of the moneys advanced under this Act, as are enacted in the Act passed in the thirty-eighth year of Her Majesty's reign, chaptered fifty- six, and intituled : " An Act respecting' the graving dock in the Harbor of Quebec, and authorizing the raising of a loan in respect thereof," with regard to the sums of which the advance is thereby authorized. Eateofin- 2« Provided always, that the rate of interest payable by to'^GoYMu-''^* the said corporation to the Grovernment on the sum or sums meut. of money to be advanced to them under this Act shall be four per centum per annum. OTTAWA : Printed by Brown Chambeblin, Law Printer to the Queen's Most Excellent Majesty. 1104 47 VIO., CHAP. 24. An Act respecting the Territory in dispute between the Dominion of Canada^and the Province of Ontario. [Assented to 1 9th April, 1884.] ITER Majesty, by and with the advice aud consent of the Preamble. -*-*- Senate^and House of Commons of Canada, enacts as follows : — 1. The Grovernor Greneral in Conncil may agree that the pjoTiaion for •questions in dispute 'between the G-overnments of Canada referring and of Ontario in respect of the bonndaxies of Ontario may respecting form the subject of a reference to the Judicial Committee of disputed The Queen'sPrivy Council, if Her Majesty should be pleased on'tario"to^he so to order, upon such terms and conditions as His Excel- Judicial Oom- lency deems proper, and the decision of the said Judicial Priyy^coiin- Committee shall be final and conclusiA''e, so far as the Par- cii. . liaraent of Canada has authority so to declare or enact. 2' Until the boundaries of the said Province have been provisional decided under the said reference, the courts, judges, magis- jurisdiction trates, sheriffs and other officers of the Province of Ontario, fn respe^et o*f ' and the courts, judges, magistrates, sheriffs and other matters with- oificers of the other province or territory in which the local- cf ■'pMiiament ity, in which any question as to the boundaries arises, is of Canada. claimed to be by the Grovernment of Canada, shall, in res- pect of all matters within the legislative authority of the Parliament of Canada, have the same jurisdiction and au- thority in such locality as if such locality were within the province or territory in which such courts, judges, magis- trates, sheriffs or other officers have undoubted jurisdiction, and were part of the county, district or bailiwick, over or in which they are entitled to exercise jurisdiction and ■authority. ^ ^ ^ TV TV- OTTAWA : Prluterl by Brown Chambkklin, Lew Printer to the Quefu's Most Excellent Majesty. 10 1105 4 7 VIC. CHAP. 40. Preamble . An Act to amend the Acts fortieth Victoria, chapter forty-nine and forty-fifth Victoria, chapter twenty- four, being Acts relating to Permanent Building So- cieties and Loan and Savings Companies carrying on business in Ontario. [Assented to 19th April, 1884.] HER Maiesty, by and with the advice and consent of th& Senate and House of Commons of Canada, declares and enacts as follows : — 40 v., c. 49, s. 2 repealed. New section substituted. As to limita- tion of money dejiosits with, and deben- tures of any society. Proviso : total liabilities fur- ther limited. Proviso : as to estimating liabilities. Proviso : far- ther limit. Certain pro- visions of 45 v., c. 24, ex- plained as to two-thirds 1. Section two of the Act passed in the fortieth year of the reign of Her Majesty, and chaptered forty- nine, is hereby repealed, and the following is substituted therefor : — " 2. The aggregate amount of money deposits in the hands of any such society, together with the amount of its deben- tures issued and remaining unpaid may be equal to, but shall not, at any time, exceed double the aggregate amount of the paid up, unimpaired, fixed and permanent capital or shares in such society, not liable to be withdrawn therefrom, together with a further sum which may be equal to, but shall not exceed the amount remaining unpaid upon the sub- scribed, fixed and permanent capital or shares, upon which not less than twenty per cent, has been paid: Provided, that in no case shall the total liabilities of any such society to the public at any time exceed three times the amount actually paid up in respect of fixed and permanent capital or shares in such society, nor shall they at any time exceed the amount of principal remaining unpaid on the mortgages at such time held by such society : Provided, that in estimating the paid up, unimpaired, fixed and permanent capital or shares of any such society, the amount of all loans or advances made by it to its shareholders, upon the security of their stock, shall be deducted therefrom : Provided further, that the amount held by any society on deposit shall not, at any time, exceed the amount of the paid up and unimpaired capital of the society." 2. It is hereby declared that so much of the first section of the Act passed in the forty-fifth year of Her Majesty's reign, chaptered twenty-four, and intituled, "An Act to fur- ther amend the law respecting Building Societies and Jjoan 1106 1884. Building Societies, Loan and Savings Cos. Chap. 40. 2 and Savings Companies carrying on business in the Province votes at of Ontario" as requires a vote of not less than two-thirds in '"^^*"'ss •value of all the shareholders of the company, given in per- son or by proxy at any general or special meeting, shall be held to apply only to the increase of the fixed and perma- nent capital of any company, by the issue of new stock to which any special privileges or rights are attached, diiferent from those possessed by the ordinary shareholders of such company. 3. Section twenty-two of .chapter fifty-three of the Con- s. 22 of solidated Statutes for Upper Canada, as amended by section gj^j' ^.°c. four of the Act thirty-seventh Victoria, chapter fifty, is repealed. hereby repealed, and the following substituted therefor : — " 22. Any such society may purchase mortgages upon New section, real estate, debentures of any society or company incorpo- hoid^certain rated under this Act, or any Act incorporated therewith, securities j debentures of municipal corporations, school sections and school corporations, Dominion or provincial stock or securi- ties ; and they may re-sell any such securities as to them shall seem advisable, and for that purpose they may execute such assignments or other instruments as may be necessary for carrying the same into effect ; they may also make ^J'vances on advances to any person or persons or body corporate, upon tiiem. any of the above mentioned securities, at such rates of dis- count or interest as may be agreed upon." 4. The board of directors of any such society or company Managing may appoint one of their number to be managing director his remnnera- thereof ; and his remuneration may be provided for by a *'<"'• by-law, which, however, shall have no force or effect till after it has been approved by the shareholders. OTTAWA: Printed by Bkown Chambkrlin, Law Printer to the Queen's Most Excellent Majesty. m no7 4849 VIC, CHAP. 3. An Act to provide for the taking of a Census in the Province of Manitoba, the ^ North- West Territories and the District of Keewatin. [Assented to 1st May, 1885.] Preamble. ^IfTHEREAS it is expedient to provide for the taking of a IT census in the Province of Manitoba, the North-West Territories and the. District of Keewatin : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — interpreta- !• In this Act, unless the context otherwise requires : — *'"''• {a) The expression " house " includes all ships, vessels, dwellings or places of abode of any kind ; {b.) The expression " Minister " means the Minister of Agriculture. Census to be 2. A census shall be taken in the Province of Manitoba, when.'^"'^ tl^6 North-West Territories and the District of Keewatin, or in such parts of the said Province, Territories and District as the Grovernor in Council directs, in the year one thousand eight hundred and eighty-five, and before the first day of August, in the year one thousand eight hundred and eighty- six. Certain mat- 3. The details of information, the forms to be used, and reflated by Procedure to be followed for the obtaining thereof, and the the Governor period at which, and the dates with reference to which the in Council, census shall be taken, — whether generally, or for any speci- fied localities, requiring to be exceptionally dealt with in any of these respects, — shall be such as the Grovernor in Council, by proclamation, directs. Details re- quired and on what subjects. 4. The census shall be so taken as to ascertain, with the utmost possible accuracy, in regard to the various territorial divisions of the country, — their population and the classifi- cation thereof, as regards age, sex, social condition, religion, education, race, occupation and otherwise, — the houses and other buildings therein, and their classification as dwellings, inhabited, uninhabited, under construction and otherwise, — the occupied land therein, and the condition thereof, as town, village, country, cultivated, uncultivated and other- 1108 1885. Census of Manitoba and N.-W. T. Chap. 3. 2 wise, — the produce, state and resources of the agricultural, fishing, lumbering, mining, mechanical, manufacturing, trading and other industries thereof, — the municipal, educa- tional, charitable and other institutions thereof, — and what- And others soever other matters are specified in the forms and instruc- specified in tions to be issued, as is hereinafter provided. ' 5. The Minister shall cause all forms, and also all instruc- Forms and tions which he deems requisite in respect of the census, to ii»3t™otions. be duly prepared, printed and issued, for use by the persons employed in the taking thereof. 6. The Governor in Council, by proclamation, shall divide Division of the Province of Manitoba, the North-West Territories and into''c''en"u7 the District of Keewatin, or the parts of the said Province, districts. Territories and District, in which the census is directed to be taken as hereinbefore provided, into census districts, and each census district into sub-districts ; but the said District Proviso, as to of Keewatin may, if the proclamation so prescribes, consti- ^®^*''°- tute one census district. 7. The Grovernor in Council shall appoint census officers, Appoitment census commissioners, and other employees who are neces- commts-^ ^^^ sary for the taking of the census, with such relative powers sioners. and duties as are laid down for the census by the Governor in Council. 8. There shall be appointed, by or under the authority of And of the Minister, in such manner and subject to such rules in ^'1'™^''^*°'^^. that behalf as are laid down by the Governor in Council, one or more enumerators for each census sub-district ; and whenever more enumerators than one are appointed, th; if more than powers and duties of such enumerators shall "be such as the °"®' Minister assigns to each, whether territorially or otherwise. S» The census officers and commissioners shall be en- Duty of cen- trusted, under direction and instruction of the Minister, with and°c^mmis- the superientendence of the work assigned to the enumera- sioners. tors, and shall see that all those under their superintendence thoroughly understand the manner in which the duties required of them are to be performed, and use due diligence in the performance thereof 10. Every enumerator, by visiting every house and by And of careful personal enquiry, shall ascertain, in detail, with the e°"™eratorB. utmost possible accuracy, all the statistical information with which he is required to deal, and no other, and shall make an exact record thereof, and attest the same under oath, and shall see that such attested record is duly delivered to the census commissioner under whose superintendence he is placed, — the whole, in all respects, as by the forms and in- structions issued to him is required. 1109 Chap. 3. Census of Manitoba and N.-W. T. 48-49 ViCT. Supervision by commis- sioner. Corrections. Duty of the Minister as to corrections. Abstracts and tables. 11' The census commissioner shall examine all such records, and satisfy himself how far each enumerator has performed the duties required of him, and shall note all apparent defects and inaccuracies in such records, and re- quire the several enumerators concerned therewith to assist him in respect thereof, — and with their assistance shall cor- rect the same so far as is found requisite and possible, noting always whether such corrections are concurred in by them or not, and shall make return, attested under oath, of his doings in the premises, and shall transmit the same, to- gether with all the records in question, to the Minister, — the whole, in all respects, as by the forms and instructions issued to him is required. 12. The Minister shall cause all such returns and records to be examined and any defects or inaccuracies discoverable therein to be corrected so far as possible, and shall obtain, so far as possible, by such ways and m«ans as are deemed convenient, any statistical information requisite for the due completion of the census, which cannot be or is not obtained with the required fullness and accuracy by means of such returns and records, and shall cause to be prep£|,red, with all practicable despatch, abstracts and tabular statements show- ing the results of the census as fully and accurately as possible. toh t''k°^'^* "**'* -^^®^y officer, census commissioner, enumerator, and other person employed in carrying this Act into effect, be- fore entering on his duties, shall take and subscribe an oath binding him to the faithful and exact discharge of such duties, which oath shall be in such form, taken before such person, and returned and recorded in such manner as the Grovernor in Council prescribes. i^Y"fdT' ^^' -^^®''y officer, census commissioner, enumerator or mfsdemeauor. other person employed in carrying this Act into effect, who makes wilful default in any matter required of him by this Act, or wilfully makes ■ any false declaration touching any such matter, is guilty of a misdemeanor. Custodians of public records to grant ac- cess thereto. Penalty for default. Misdemeanor . 15. Every person who has the custody or charge of any municipal or other public records or documents or of any records or documents of any corporation, from which infor- mation sought in respect of the census can be obtained, or w^hich would aid in the completion or correction thereof, shall grant to any census officer, commissioner, enumerator or other person deputed for that purpose by the Minister, reasonable access thereto for the obtaining of such informa- tion therefrom ; and every such person who wilfully or without lawful excuse refuses or neglects to grant such access, and every person who wilfully hinders or seeks to prevent or obstruct such access, or otherwise in any way 1110 1885. Census of Manitoba and N- W. T. Chap. 3. 4 wilfully obstructs or seeks to obstruct any person employed in carrying this Act into effect, is guilty of a misdemeanor. 16- Every person who wilfully, or without lawful ex- Penalty for cuse, refuses or neglects to fill up, to the best of his know- refosaUo'fiii ledge and belief, any form which he has been required to up forms, fill up by any enumerator or other person employed in carry- ing this Act into effect, or refuses or neglects to sign and •deliver up or otherwise return the same when and as re- quired, or makes, signs, delivers or returns, or causes to be made, signed, delivered or returned, any wilfully false answer or statement as to any matter specified in such form, — shall, for each offence, incur a penalty not exceeding forty dollars and not less than one dollar. 17- Every person who, without lawful excuse, refuses or Penalty for neglects to answer, or who wilfully answers falsely, any refusal to"^ question requisite for obtaining any information sought in answer ques- respect of the census or pertinent thereto, which has been asked of him by any enumerator or other person employed in carrying this Act into effect, shall, for every siich refusal or neglect or wilfully false answer, incur a penalty not exceeding twenty dollars and not less than five dollars. 18. The penalties hereinbefore imposed may be recovered RecoTery of in a summary manner at the suit of any officer, census com- 1"*°^ *'^^' missioner, enumerator or other person employed in carrying this Act into effect, before any jtistice of the peace having jurisdiction in the place where the offence has been commit- ted, on the oath of the prosecutor or of one credible witness ; and a moiety thereof shall belong to the Crown for the pub- Application lie uses of Canada, and the other moiety to the prosecutor, of penalties. unless he has been examined as a witness to prove the offence, in which case the whole shall belong to the Crown for the uses aforesaid. 19. Whenever the Minister deems it convenient, he may, ^j^egt ^ "'^^ by special letter of instruction, direct any officer, census quiriea to be commissioner or other person employed in carrying this Act ™*4^;^' *° into effect, to make enquiry under oath, as to any matter matters. connected with the taking of the census, or the ascertaining or correction of any supposed defect or inaccuracy therein ; and such officer, census commissioner or other person shall then have the same power as is vested in any court of justice, of summoning any person, of enforcing his attend- ance, and of requiring and compelling him to give evidence on oath, either orally or in writing, and to produce such ^documents and things as such officer, census commissioner "or other person deems requisite to the full investigation of such matter or matters. 20. Any letter purporting to be signed by the Minister, or ^^^^^^^' by the deputy of the Minister of Agriculture, or by any other ^Hml/acit 1111 Chap. 3. Census of Manitoba and N.-W. T. 48-49 YlCT. evidence of the contents thereof. Presumption as to certain documents. What shall be a sufficient requirement as to filling and signing forms. Remunera- tion of per- sons em- ployed. Payment of remuneration. Out of what moneys to be paid. person thereunto authorized by the GrOTernor in Council, and notifying any appointment or removal of, or setting forth any instructions to, any person employed in carrying this Act into effect, — and any letter signed by any officer, census commissioner or other person thereunto duly autho- rized, notifying any appointment or removal of, or setting forth any instructions to any person so employed under the superintendence of the signer thereof, — shall be, respec- tively, primA facie evidence of such apppointment, removal or instructions, and that such letter was signed and ad- dressed as it purports to be. 31- Any document or paper, written or printed, purport- ing to be a form authorized for use in the taking of the census, or to set forth any instructions relative thereto, which is produced by any person employed in carrying this Act into effect, as being such form, or as setting forth such instructions, shall be presumed to have been supplied by the proper authority to the person so producing the same, and shall be primd facie evidence of all instructions therein set forth. 22. The leaving, by an enumerator, at any house or part of a house, of any form purporting to be issued under this Act, and having thereon a notice requiring that the same be filled up and signed within a stated delay by the occu- pant of such house or part of a house, or, in his absence, by some other member of the family, shall, as against such occupant, be a sufficient requirement so to fill up and sign such form, though such occupant is not named in such notice, or personally served therewith. 23. The Minister shall cause to be prepared one or more tables, setting forth the rates of allowances or remuneration for the several census commissioners and enumerators em- ployed in carrying this Act into effect, which rates shall not exceed, in the aggregate, such amount for each day of proved effective service for any enumerator and for each day of like service for any census commissioner, as the G-overnor in Council directs, and such tables shall be laid before Parliament within the first fifteen days of the session then next ensuing : Provided, that in the settled parts of Manitoba the said rates of allowance or remuneration shall not exceed those paid in the last decennial census. 24. Such allowances or remuneration shall be paid to the several persons entitled thereto, in such manner as the Gov- ernor in Council directs, but shall not be payable until the services required of the person receiving the same have been faithfully and entirely performed. 25. Such allowances and remuneration, and all expenses incurred in carrying this Act into effect, shall be paid out of such moneys as are provided by Parliament for that purpose* 1112 1885. Census of Manitoba and N.-W. T. Chap. 3. 6 2C. Appointments, employments or service under this Act CiTii Service shall not be subject to the statutory requirements affecting fp'^pfy""' *° the Civil Service. 27. A full report of all things done under this Act, and an Report to be account of all moneys expended under the authority there- pariJ'am'ent of, shall be laid before Parliament by the Minister within and when. ' the first fifteen days of the then next session thereof, and of each session thereafter, until such time as all things required to be done under this Act have been fully completed. OTTAWA : Printed by Brown Chambeelin, Law Printer to the Queen's Most Excellent Majesty. 1113 Preamble. 48-49 VIC, CHAP. 5. An Act to amend the Act forty -fifth Victoria, chapter seventeen, to encourage the construction of Dry Docks. [Assented to 1st May, 1885.] LI ER Majesty, by and with the advice and consent of the -*-f- Senate and House of Commons of Canada, enacts as follows : — Sec. 1 of 45 1. Tiie Act intituled, "An Act to encourage the construction amended by of Dry Docks, by granting assistance on certain conditions to ^J'P'yj^&i*'" companies constructing them," is hereby amended by adding Halifax." after the word " work," in the second line of the first section thereof, the words, " or in the case of a dock to be construct- ed at the port of Halifax, the city of Halifax," — and after the word " company," in the tenth line thereof, the words " or the city of Halifax." OTTAWA : Printed by Beown Ohambbelik, Law Printer to the Queen's Most Bxcelleiit Majesty. 1114 4849 VIC, CHAP. 44. An Act to provide for the fitting representation of Cana- da at the Colonial and Indian Exhibition, to be lield in London in the year 1886. [Assented to 20th July, 1885.] WHEREAS it is expedient that Canada should take such Preamble. part as becomes her position among the Colonies of the Empire, at the proposed Colonial and Indian Exhibition to be held in London, in the year one thousand eight hun- dred and eighty-six, under the Presidency of His Royal Highness the Prince of Wales, and which will bring promi- nently under notice the development and progress which have been made in various parts of the British Empire, in products, manufactures and resources, and will afford a wide-spread opportunity of acquiring a more intimate know- ledge of the vast fields for enterprise which exist throughout the British Dominions : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Com- mons of Canada, enacts as follows : — !• His Excellency the Governor G-eneral in Council is GuM-autee for hereby authorized to guarantee, on the part of Canada, expenses not against any loss resulting from the Exhibition, to the extent iTolooo'^ of ten thousand pounds sterling, being one-fifth of the whole authorized, sum which is proposed to be guaranteed by the Grovern- ment of India, the Dominion of Canada, and the Colonies represented by agents-general in England, — the money so guaranteed to be held to meet any sum by which the in- tended Exhibition may fall short of being self-supporting. OTTAWA : Printed by Brown Chambeelin, Law Printer to tLe Queen's Most Excellent Majesty. 1115 4849 VIC, CHAP. 57. Preamble. An Act further to amend the Acts respecting the Cana^ dian Pac fie Railway, and to provide for the completion and successful operation thereof. [Assented to 20th July, 1885.] WHEREAS the Canadian Pacific Railway Company have represented, that although the advance provided for by the Act of the now last Session of this Parliament, chapter one, is sufficient for the construction and equipment of the railway, according to the provisions of the contract of con- struction, within the period contemplated by the said Act, yet that the large development of traffic which has already taken place on the line of the railway, and the immediate increase which is expected, render it necessary to provide effectively for the requirements of such traffic upon the com- pletion of the railway, by the improvement of the railway itself, the extension of its station and siding accommodation, the creation of additional terminal facilities at various points thereon, and the provision of additional equipment ; that by reason of the stringency of the provisions of the said Act, the Company cannot raise funds for such purposes upon the security of . its property, and that it has been nnable to sell any part of its shares remaining in the hands of the Grovern- ment ; and the Company have therefore applied for autho- rity to issue first mortgage bonds on their property and franchises, for a re-arrangement of the lien and security created by the said Act thereon, and for a temporary advance to be repaid from the sale of part of the said bonds; and whereas in order that the character of the railway and its facilities for the transport of traffic across the continent may be of the highest possible class, it is expedient to grant the application of the Company, to such extent and in such manner as shall be consistent with the security of the advances already made and to be made to the Company ; Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Issue of mort- gage bonds to amount of 135,000,000, at 5 per cent, interest, for 1. The Canadian Pacific Railway Company, under the authority of its shareholders, as provided by the twenty- eighth section of its charter, may issue and deliver to the G-overnment first mortgage bonds to the extent of thirty-five 1116 1885. Canadian Pacific Railway. Chap. 57. 2 million dollars, or the equivalent thereof in sterling money not more than of Great Britain, bearing five per cent, per annum interest, a^firsfcSgr for a term not exceeding fifty years — such bonds to constitute on property and be a first lien and charge on the entire property of the "''^'""pany. Company, real and personal, now owned or hereafter to be acquired or owned by it (save and except the lands granted or to be granted by the Government to the Company under the contract between Her Majesty and the Company and the Acts relating thereto), including its main line of railway with its tolls and revenues, the extensions thereof, its branch lines of railway (except the Algoma Branch), the whole of its equipment, rolling stock and plant, and all its steamers and vessels ; saving always, however, the rights of the Except mort- holders of the existing mortgages on the extensions of the fe^ns^ion'from line of the railway from Callander to Brockville and Mon- Caiiander to treal, as security for the unpaid balances of the purchase and Montreal money of the said extensions. S. The Company may secure the payment of the said Bonda may bonds and of the interest thereon by a deed of mortgage ^''^ ^""■'^'^ *>? executed by the Company to trustees to be approved by the deed to trus- Government, with the authority and of the tenor and pur- *«^^, as per port, and containing the conditions, remedies, provisions and Charter of Co. powers authorized and provided for by the twenty-eighth section of the charter of the Company, to such extent and in such manner and form as shall be approved by the Governor in Council ; and the provisions of the thirty-fifth section of sect. 35 of the charter of the Company shall apply to the bonds to be charter to issued, or to any mortgage deed to be executed under this ^^^ ^' Act. 'A. Upon the issue and delivery of the said bonds to the On issue and Government, the lien and charge created by the Act forty- u^^'I^Yg seventh Victoria, chapter one, intituled, ''An Act to amend emment, the Act intituled, ' An Act respecting the Canadian Pacific ™°r^^.€®y Railway,^ and for other purposes" upon the railway, revenues 0. 7, dis- ' and property of the Company afiected by the said bonds and charged. by the deed of mortgage securing the same, shall cease to exist, and shall be released and discharged in respect of the railway, revenues and property so affected ; and the shares in the capital stock of the Company, to the extent of thirty- five million dollars now in the hands of the Government, shall be cancelled and destroyed ; and no further issue of No more stock shall be made without the special authority of Parlia- -ggu^ij*" '"' ment ; but the Algoma Branch shall still remain charged Exception with the lien and charge created by the said Act ; and the hraicli'™'^ interest of the Company in any railway lines leased to it, shall also be charged with the said lien and charge to the As to charges n • ji -J? XI 1 J on Co s in- same extent and m the same manner as it the same nad tercst in been expressly included, as being so charged, with the prop- leased lines, perty and securities mentioned in the said Act : Provided, proviso : as that the rishts vested in the Canadian Pacific Eailway tppowerof ° 1117 ^°' ^^ respect Chap. 5*?. Canadian Pacific Railway. 48-49 ViCT. of leased lines. Time for re- payment of loan to Co. by Govern- ment en- larged on certain con- ditions. Security for $20,000,000 of the said loan ■with certain privileges, and un cer- tain condi- tions in default of payment of interest or principal. Powers of such trustees in such case. Security for balance of $9,880,912 and interest. Company to exercise from time to time any powers granted to any of the companies whose lines are leased to it may be so exercised if and when snch exercise is specifically sanc- tioned by the G-overnor in Council. , 4. The time for the payment of the entire loan to the Com- pany of twenty-nine 'million, eight hundred and eighty thousand nine hundred and twelve dollars, shall be fixed at the first day of May, one thousand eight hundred and ninety- one ; and so long as default shall not occur in the payment of principal or interest at the times when they shall respectively become due, the interest upon the said loan shall be compiited at the rate of four per cent, per annum ; but the Company may, at any time pay the amount of the said debt or any part thereof in sums of not less than one million dollars ; and if such payment be made on account of the sum of twenty million dollars hereinafter mentioned, a corresponding amount of bonds shall be returned to the Company. 5- As security for the payment of twenty million dollars of the said loan and of the interest thereon, the Grovernment shall hold and retain twenty million dollars of the said first mortgage bonds, and, in respect of such bonds, shall have all the rights of bondholders, except as to the rate of interest, as provided in the next preceding section ; and upon payment of any half-yearly instalment of such interest, the half-yearly coupons attached to the said bonds, corresponding to such half-yearly payment of interest, shall be cancelled and sur- rendered to the Company ; but if the Company makes default in the payment of the interest on the said sum of twenty million dollars, or of the principal thereof, at the time when the same shall become due respectively, the rate of interest upon the whole loan shall thereafter be computed at the rate of five per cent, per annum ; and such default shall be equivalent to a default in the payment of the interest on the said bonds, and shall entitle the Grovernment to the same remedies as if default had been made in the payment of the interest or principal of the said bonds ; and upon the Com- pany remaining in default in respect of either the principal or interest on the said twenty million dollars for a period of six months, the trustees shall be authorized and empowered to take possession of the property mortgaged and shall ex- ercise all or any of the powers conferred upon them by the terms of the mortgage deed in pursuance thereof, as if the principal of the bonds were in default. 6. As security for the payment of the balance of the said loan, amounting to the sum of nine million eight hundred and eighty thousand nine hundred and twelve dollars, and the interest thereon, the Grovernment shall have a first lien and mortgage, subject to the outstanding land grant bonds, 1118 1885. Canadian Pacific Railwiy. Chap. 51. 4 on the whole of thennsold lands forming the remaining part of the Company's land grant earned and to be hereafter earned, such principal and interest to be paid out of the net proceeds of the sale of such lands ; and the Grovernment Government shall continue to hold and retain the entire amount of land g°ant*bonds' grant bonds now in its custody and possession, as provided under 4Y V. by the said Act, applying the moneys applicable to the land '^' ^' grant bonds in the hands of the Grovernment, over and Application above the sum of five million dollars referred to in the para- gfieB by trus- * graph numbered two of section five of the said Act, to the tees after pay- interest and principal of the said sum of nine million eight gra'nVbon'as^ hundred and eighty thousand nine hundred and twelve dollars, instead of the parposes provided by the paragraph numbered one of section five of the said Act. And if the Provision if net proceeds of such sales, to be made from time to time in of^aaies*of '^* due course, shall be insufficient to pay the interest on land are in- the said last mentioned amount as the same shall fall ^^®t|,™^^*° due, or the principal thereof when the same shall become tereat, or the due, the Grovernor in Council may order the sale by P^^°°'Pf^ °^ the trustees of such lands, or any part thereof, in such balance when manner as shall be fixed by such order, in satisfaction of the "l"^- interest or principal in respect of which default has occurred ; and, after the sale of the whole of such lands, and deficiency in the proceeds thereof to pay the amount charged thereon shall be a charge upon the Company's entire revenue, after providing for its fixed charges, and by preference over the • shareholders. And no further or other charge shall be No further created on the property mortgaged as security for the said c'r^ateVby*^ first mortgage bonds until the said sum of nine million Co. until the eight hundred and eighty thousand nine hundred and fn^'fat^reg^' twelve dollars, and interest, and also the said sum of are paid, twenty million dollars, and interest, shall have been paid in full. And after payment out of the proceeds of such i'™'>'iaiou lands of the outstanding land grant bonds, and of the said of Tand'^grant sum of nine million eight hundred and eighty thousand bonds out- nine hundred and twelve dollars, and interest, the remain- ^ ^"^ der of such lands shall remain charged with a first lien and privilege in favor of the Grovernment as additional security for the payment of the said sum of twenty million dollars, and interest. '7' The Grovernment may make a temporary loan to the Loan to Co. Company of five million dollars, to be repaid by the Com- dofirrs^ay-"'' pany to the Grovernment on or before the first day of July, able by 1st j one thousand eisrht hundred and eighty-six, with interest '^"J.^'^^^^ Ill ipp 11 11 n ^uu security at the rate oi lour per cent, per annum, payable on the first on the first day of January and the first day of July, one thousand ?o°j[^|*^* eight hundred and eighty-six, the Company to have the right to repay the said loan by instalments of not less than one million dollars each, and to receive on the payment thereof a corresponding proportion of the amount of the said bonds held as security therefor ; and after reserving 1119 Chap. 51. Canadian Pacific Railway. 48-49 ViCT. Application of the said bonds after payment of the said loan, to the im- provement . and extension of the rail- vay, &c. And so of proceeds of such bonds sold by Co. part of the said bonds to tlie amount of eight million dollars, to be held by the G-overnment as security for the said tem- porary loan, and to be delivered to the Company on payment to the Government of the said sum of five million dollars, and interest in whole or in part in proportion to such pay- ment, the remainder of the said bonds shall be, from time to time, delivered by the G-overnment to the Company, to be applied by the Company, under the supervision of the Government, to the payment for work done or to be done for the development, improvement and extension of the rail- way, its connections and equipment, and for the mainten- ance of the credit and efficiency of the Company generally, to the satisfaction of the Government ; and if the bonds in the hands of the Government, or any part thereof, shall be sold by the Company at a price satisfactory to the G-overn- ment, the proceeds of sach sale shall be paid into the hands of the G-overnment in the place and stead of the bonds so sold ; and such proceeds shall be dealt with as is herein- before provided with respect to the bonds they represent. 8. The proportion of the moneys realized by the trustees of the land grant bonds, applicable under section six of this Act to the payment of the amount of the said bonds held by the G-overnment, over and above the sum of five million dollars in bonds referred to in the said section, and, after the redemption of the land grant bonds, the proceeds of all sales of land granted or to be granted to the Company, under the aforesaid contract, realized as provided by the said Act, shall be applied to the payment of the interest and principal of the said sum of nine million eight hun- dred and eighty thousand nine hundred and twelve dollars, and, after payment thereof in full, towards the payment to the Government of the interest and principal of the said sum of twenty million dollars. Act i\ v., c, 9. The said Act forty-seventh Victoria, chapter one, shall con inue . j-gj^g^j^ jjj^ force, except in so far as it is affected by the pro- visions hereof. Provision if the proceeds of sales of land are in- sufficient to pay interest or principal on the said talance, &c. Provision in case of rail- way line in ir. S to St. Mary's River, and extension of Algoma branch to railway ; postponement of mortgage on branch by Order in Council. lO. If, at any time, any line connecting with the United States system of railways shall be in course of construction to a point on the Eiver St. Mary's, and there shall be a pro- bability of the early completion thereof, and the Company shall desire to continue the Algoma Branch to a junction with such line, the G-overuor in Council may, in his dis- cretion, and upon such conditions as he shall determine, postpone the lien and charge thereon created by the said Act, and continued by this Act, so that the claim of the G-overnment shall rank on the said branch next after the mortgage hereinafter mentioned ; and in case the G-overnor in Council should permit the creation of such mortgage for the purpose of continuing the said branch as aforesaid, the 1120 1885. Canadian Pacific Raihcay. Ciiap. 57. 6 ■whole branch line so extended shall be charged to the same extent as the present Algoma Branch now is charged, bnt subject to such mortgage ; and the G-overnor in Council Further pro- may, by Order in Council, authorize the Company to exer- q^^°° \l cise, in respect of the said branch, the power of mortgag- Council in ing the same in manner and form as provided by its charter ^^"^^ '^^^''^ with respect to mortgaging the main line thereof, to such extent per mile as shall be fixed by such order, — the proceeds of such mortgage to be applied exclusively to ihe construc- tion ftf the extension of the said branch to such junction. OTTAWA : Printed by Beown Chambeelin, Law Printer to the Queen's Most Exeellent Majesty. 171 1121 48-49 VIC, CHAP. 58. An Act to authorize the granting of further subsidies to and making further provision for the construction and efl&cient operation of the Eailways therein described. [Assented to 20th July, 1885.] Preamble. TTEB. Majesty, by and with the advice and consent of the -■-■- Senate and House of Commons of Canada, enacts as- foUows : — Further subsidies. For a line from later- colonial Rail- way to Ed- munston in New Bruns- wick. In addition to that under 45 v., c. 14. Total amount limited. Company for constructiag it may be in- corporated by Governor. 1- The Governor in Council may grant the further sub- sidies hereinafter mentioned towards the construction of the railways hereinafter described respectively, that is to say : — 1. For a railway from a point on the Intercolonial Hail- way at Riviere du Loup or Riviere Quelle, in the Province of Quebec, to Edmundston, in the Province of New Bruns- wick, a subsidy not exceeding two thousand eight hundred dollars per mile for seventy-five miles, and six thousand dollars per mile for eight miles, nor exceeding in the whole two hundred and fifty-eight thousand dollars ; the said subsidy to be in addition to the subsidy authorized to be granted in aid of the construction of the said railway by the Act forty-fifth Victoria, chapter fourteen, and constituting with the subsidy so authorized, a subsidy not exceeding in the whole four hundred and ninety-eight thousand dollars, and to be granted for the said railway upon the terms and conditions specified in the said Act, and payable out of the Consolidated Revenue Fund of Canada ; and for the pur- pose of incorporating the persons undertakin g the construc- tion of the said railway and those who shall be associated with them in the undertaking, the Governor may grant to them, under such corporate name as he shall deem expe- dient, a charter conferring upon them the franchises, privi- leges and powers requisite for the said purposes, which shall be similar to such of the franchises, privileges and powers granted to railway companies during the present session, as the Governor shall deem most useful or appro- priate to the said undertaking ; and such charter, being published in the Canada Gazette, with any Order or Orders in Council relating to it, shall have force and effect as if it were an Act of the Parliament of Canada : 1122 1885. Railway Subsidies Chap. 58. 2 2. For a line of railway from the south bank of the St. For a line Lawrence Kiver opposite or near Montreal to the harbors of MontreaTlith St. Andrews, St. John and Halifax, vid Sherbrooke, Moose- the harbors of head Lake, Mettawamkeag, Harvey, Fredericton and Salis- |[; j"ifn®J^,f' bury, a subsidy not exceeding eighty thousand dollars per Halifax : in annum for twenty years, forming in the whole, together ♦^'^{''"'^er with the subsidy authorized by the Act forty-seventh Yic- 47 v., c. 8. toria, chapter eight, for a line of railway connecting Mont- real with the said harbors of St. John and Halifax by the shortest and best jjracticable route, which the line above described is found to be, a subsidy not exceeding two hun- dred and fifty thousand dollars per annum, the whole of which shall be paid in aid of the construction of such line of railway for a period of twenty years, or a guarantee of a like sum for a like period as interest on the bonds of the company undertaking the work ; the said subsidy to be so conditions. granted upon the terms and conditions of, and payable out of the Consolidated Eevenue Fund in the manner specified in the said last mentioned Act in respect of the subsidy thereby authorized in aid of the said line of railway. 2« And whereas it is essential, in the interest of Canada ^"cess by 0. generally as well as of the Province of Quebec, that free of Quebec °' access to the port of Quebec be obtained by the Canadian declared Pacific Eailway, as contemplated by the said last mentioned ^^^^'^^'^ • Act, and such access has not been obtained, and it is neces- sary to make further provision for the purpose of procuring such access ; therefore — The Grovernor in Council may grant a further subsidy as Further an aid towards procuring free access as hereinafter described securing "^^at for the trains and traf&c of the Canadian Pacific Railway access. Company from St, Martin's Junction, near Montreal, or from some other point on their railway to be selected by the said Company, to the harbor of Quebec, in such manner as shall be approved by the G-overnor in Council, that is to say : an ^? addition to additional subsidy not exceeding three hundred and forty 47 v. , c. 8, thousand dollars, constituting, together with the subsidy for like pur- authorized by the said last mentioned Act to aid in procur- ^°^'^' ing the extension of the Canadian Pacific Railway to Quebec, and the subsidy also thereby authorized to aid in construct- ing a line connecting the Canadian Pacific Railway at the Jacques Cartier Union Junction with the North Shore Rail- way proper (which subsidies shall be applicable to the said first mentioned purpose) a sum not exceeding in the whole ,^^*j"t'/"°"°* the sum of one million five hundred thousand dollars, pay- able out of the Consolidated Revenue Fund of Canada. 3. If the Canadian Pacific Eailway Company fail, within Provision if the period of two months from the passing of this Act, to qq *^o^o^' obtain such access to the harbor of Quebec, either by pur- obtain such chasing or obtaining control of the said North Shore Railway, t^^^^onths''' then and thereupon sections four, five and six of the said last n* 1123 Chap. 58. Railway Subsidies. 48-49 Vict. GoTernor in Council may acquire the North Shore Eailway, and transfer or lease it to C. P. R. Co. Amalgama- tion of 0. P. B. and G. T. R., or any of their branches or leased lines, or any pool- ing of their earnings, to be unlawful and Toid. Proviso : as to traffic or running ar- rangements. Powers for enabling C. P R. Co. to carry out seC' tiona 4, 5, 6 of 47 v., c. 8. Application of subsidy for such purpose, &c. Subsidy, how payable. Further powers by charter to constructing Co. mentioned Act shall come into force and be acted upon in accordance with the terms thereof; and if it should be ex- pedient so to do in order to facilitate such access, the Govern- or in Council may acquire the North Shore Eailway, and may apply the said sum of one million five hundred thousand dollars, or any part thereof, in aid of such acquisi- tion, — and upon such acquisition may transfer and convey or lease the said railway to the Canadian Pacific Railway Com- pany, subject to such obligations as the Grovernment shall have assumed in acquiring it ; and the Canadian Pacific Railway shall not, nor shall any of its branch lines, nor any line of railway leased by that Company or under its control, be at any time amalgamated with the G-rand Trunk Railway or any of its branch lines, or with any branch lines leased by the Grand Trunk Railway Company, or under its control ; and any such amalgamation, and any arrangement for mak- ing a common fund, or pooling the earnings or receipts of the said two railways, or of their or any of their branch lines, or of any railway lines or parts thereof leased by the said companies or either of them, or under the control of either of them, shall be absolutely void ; but this provision shall not extend to traffic or running arrangements made with the assent of the Governor in Council. 4. And in so far as any further authority may be required to enable the Canadian Pacific Railw ay Company to carry out the provisions of the said fourth, fifth and sixth sections of the said Act, forty-seventh Victoria, chapter eight, as hereby modified, the said Company shall be and is hereby author- ized and empowered to do, with the authority of the share- holders thereof, evidenced as provided by its charter, all matters and things that may be necessary or expedient in the carrying out of any arrangement herein contemplated, — including the leasing in perpetuity from any company or party of a second line of railway between Montreal and Quebec, the. application of the rental to be agreed upon in the lease thereof to the payment of the interest on the bonds or stock of any company to be formed for constructing such second line, and the use of the subsidy aforesaid, in whole or in part, as a provision for the payment of interest or div- idends upon the cost of such construction, or otherwise as may be found expedient in making the financial arrange- ments for meeting such cost : and the said subsidy shall be payable out of the said Consolidated Revenue Fund in ac- cordance with any such financial arrangement under the approval of the Governor in Council ; and such authority for all the said purposes, as may be needed by the company to be incorporated under the Act last above mentioned, may be given to such company by the terms of the charter to be granted to it by the Governor under the said Act. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 1124 4849 VIC, CHAP. 59. All Act to authorize the granting of the Subsidies therein mentioned, in aid of the construction of certain Rail- ways. [Assented to 20th July, 1885.] TTEE Majesty by and with the advice and consent of the Preamble. •*-*- Senate and House of Commons of Canada, enacts as follows : — 1" The Governor in Council may grant the subsidies Sabsldieslto hereinafter mentioned to and for the parties, railway com- w»yt™'"'^" panics and railways also hereinafter mentioned, respec- tively : — To the Ottawa, Waddington and New York Railway and Bridge Company, for a line of railway from Ottawa to AVaddington, a sub- sidy not exceeding 1-3,200 per mile, nor ex- ceeding in the whole $166,400 To the New Brunswick and Prince Edward Island Railway Company, for a line of rail- way from Sackville to the Straits of Northumberland, at or near Cape Tormen- tine, a subsidy not exceeding |3,200 per mile, nor exceeding in the whole 118,400 To the Montreal and Sorel Railway Company, for a line of railway from St. Lambert to Sorel, a subsidy not exceeding $1,600 per mile, nor exceeding in the whole 72,000 To the Brockville, Westport andSault Ste. Marie Railway Company, for a line of railway from Brockville to Westport, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 128,000 To the Quebec and Lake St. John Railway Com- pany, for a line of railway from its junction on the North Shore Railway to St. Ray- mond, upon condition of the Company ex- tending their road to a point 50 miles north of St. Raymond, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole. 96,000 To the Northern and "Western Railway Company, for a line of railway from the northern end 1125 Chap. 59. Railway Subsidies. 48-49 ViCT. of the 40 miles subsidized between Frederic- ton and the Miramichi Eiver by 47 Victoria, chapter 8, to Boiestown, a subsidy not ex- ceeding $3,200 per mile, nor exceeding in the whole 19,200 To the Montreal and Champlain Junction Eail- way Company, for a line of railway from Brosseau's to Dundee, a subsidy not exceed- ing $500 per mile, nor exceeding in the whole 30,000 To the Thunder Bay Colonization Railway Com- pany, for a line of railway from the Murillo station of the Canadian Pacific Railway to the east end of Whitefish Lake, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 92,000 To the Central Ontario Railway Company, for a line of railway from Ooe Hill or Rathburn, to Bancroft, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 64,000 To the Belleville and North Hastings Railway Company, for a line of railway from the Vil- lage of Madoc, to the junction with the Cen- tral Ontario Railway at Eldorado, a subsidy not exceeding $1,500 per mile, nor exceeding in the whole 10,500 For a line of railway from Long Sault to the foot of Lake Temiscamingue, a subsidy not ex- ceeding $3,200 per mile, nor exceeding in the whole 25,600 For a line of railway from a point on the Canada Southern Railway near Comber, to Lake Erie, at or near the Village of Leamington, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 44,800 To the Napanee, Tamworth and Quebec Railway Company, for a line of railway from Tam- worth towards Bogart and Bridgewater, 16 miles, in lieu of the subsidy granted by 4*7 Victoria, chapter 8, a subsidy of. 70,000 To the G-atineau Railway Company, for a line of railway from Hull station towards Le Desert, a distance of 62 miles, in lieu of the subsi- dies granted by 46 Victoria, chapter 25, and 47 Victoria, chapter 8, a subsidy of. 320,000 For a line of railway from the G-rand Piles, on the River St. Maurice, to its junction with the Lake St. John Railway, a distance of about fiO miles, in lieu of the subsidy granted by 47 Victoria, chapter 8, for a line of rail- w^ay from the Grand Piles, on the River St. Maurice to Lake Edward, a subsidy of 217,600 1126 1885. Railway Subsidies. Chap. 59. 3 To the Canada Atlantic Eailway Company, for a line of railway from Yalleyfield to a point one and a-half miles west of Johnson's, a subsidy not exceeding $1,600 per mile, and from one and a-half miles west of Johnson's to Lacolle ; also from the present terminus at Ottawa to the Chaudiere Falls, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 96,000 For a line of railway from Indiantown via the Miramichi Valley, to its junction with the Northern and Western liailway at or near Boiestown, a subsidy not exceeding $-3,200 per mile, nor exceeding in the whole 140,800 2. The subsidies hereinbefore mentioned as to be granted To whom, for to companies named for that purpose, shall be granted to ^o'3es,^tmd on such companies, respectively : the other subsidies shall be what'coudi- granted to such companies as shall be approved by the siafesmaybe' G-overnor in Council as having established to his satisfac- granted. lion their ability to construct and complete the said rail- ways, respectively. All the lines for the construction of which subsidies are granted shall be commenced within two years from the first day of August next, and completed within a reasonable time, not to exceed four years, to be fixed by Order in Coi^ncil ; and shall also be constructed accord- ing to descriptions and specifications and upon conditions to be approved by the G-overnor in Council, on the report of the Minister of Railways and Canals, and specified in an agreement to be made in each case by the Company with the Government, and which the Grovernment is hereby empowered to make ; the location, also, of every such line of railway, shall be subject to the approval of the G-overnor in Council ; and all the said subsidies, respectively, shall be ^ow payable, payable out of the Consolidated Revenue Fund of Canada, by instalments, on the completion of each section of the railway of not less than ten miles, proportionate to the value of the portion so completed in comparison with that of the whole work undertaken, to be established by the report of the said Minister : Provided always, that the granting of such subsidies to Pfoviso : as the companies mentioned, respectively, shall be subject to pow'era'.^''^ such conditions for securing such running powers or trafiic arrangements and other rights, as will afford all reasonable facilities and equal mileage rates to all railways connecting with those so subsidized, as the Governor in Council may determine. OTTAWA : Printed by Brown Ch4.mberlin, Law Printer to the Qaecn t Most Excellent Majesty. 1127 48-49 VIC. CHAP. 60. An Act to authorize tlie grant of certain subsidies in land for the construction of the Kailways therein mentioned . Preamble. [Assented to 2()th July, 1885.] TTER Majesty, by and with the advice and consent of -■-*- the Senate and House of Commons of Canada, enacts as follows : — To the N. W. Coal and Na- vigation Co. !• The Governor in Council may grant to The North- Western Coal and Navigation Company (Limited), Dominion lands to an extent not exceeding three thousand eight hun- dred acres for each mile of the Company's railway from Medicine Hat to the coal banks on the Belly River, about one hundred and ten miles. To the Mani- toba and N. W. Railway Co. To the Mani. 2. The Governor in Council may grant to The Manitoba w. Coioniza- A**^ Soutk- Western Colonization Railway Company, Dominion Won Railway lands to an extent not exceeding six thousand four hundred °' acres for each mile of the Company's railway, from its com- mencement at "Winnipeg to its terminus at Whitewater Lake, about one hundred and fifty miles. 5$. The Governor in Council may grant to The Manitoba and North- Western Railway Company, Dominion lands to the extent of six thousand four hundred acres for each mile of the Company's railway, for the whole distance from Por- tage la Prairie to the crossing of the south branch of the River Saskatchewan, twenty miles from Prince Albert, about four hundred and thirty miles. A° ^eUe*^"'" ** ^^^ Governor in Council may grant to The Qu'Appelle Long Lake Long Lake and Saskatchewan Railroad and Steamboat Com- 8ndSasiM,t- pany. Dominion lands to an extent not exceeding six thou- and Steam- ' sand four hundred acres for each mile of the Company's boat Co. railway, from its commencement near Regina, to the navig- able waters of Long Lake. Grants to be subject to conditions to be fixed by Order in 5« The said grants, and each of them, may be so made in aid of the' construction of the said railways respectively in the proportions and upon the conditions fixed by the Orders in Council made in respect thereof, — each of the said enter- 1128 1885. Railway Land Subsidies. Chap. 60. 2 prises being respectively subject to any naodification there- Council, and of which may hereafter be made by the GrOTernor in Conn- '^°**° surTey. oil ; and, except as to snch conditions, the said grants shall be free grants, subject only to the payment by the grantees respectively of the cost of survey of the lands and incidental expenses, at the rate of ten cents per acre in cash on the issue of the patents therefor. OTTAWA : Printed by Brows Chameeslin, Law Printer to the Queen's Moat Excellent Majesty. 1129 48-49 VIC, CHAP. 73. An Act to authorize grants of land to members of the Militia Force lately on active service in the North- West. [Assented to 20th July, 1885.] Preamble. TTyHEEEAS it IS right to recognize the services of the V V members of the enrolled militia force actively engaged in suppressing the late half-breed and Indian outbreak in the North-West, by giving to each, in addition to the pay and allowances to which he is entitled under the Militia Act, a grant of land ; and it is expedient that the grant should be made in such form as will be conducive to the actual settlement of the public lands of Canada : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: — Orantsofiand 1. T]ie Governor G-eneral in Council is hereby authorized members of to grant to each member of the enrolled militia force actively militia force engaged and bearing arms in the suppression of the Indian in the^N.^w! and half-breed outbreak, and serving west of Port Arthur, T. in supprea- since the twenty-fifth day of March now last, including break. ^ °" " officers, non-commissioned officers and men, a free homestead of two adjoining quarter sections (comprising an area of three hundred and twenty acres in all) of any even numbered section of unoccupied and unclaimed Dominion lands in Manitoba or the North-West Territories open for homestead and pre-emption entry, subject to the condition that the grantee, or his duly constituted substitute, shall have selected and entered the said two quarter sections in the Dominion Land Office for the land district in which they may be situ- ated, on or before the first day of August, eighteen hundred and eighty-six : Condition for Provided, that the said grantee, or his substitute, as the g^mntee^or his ^^^^ ^^7 be, shall perfect the entry made as aforesaid, by substitute, commencing actually to reside upon and cultivate the land within six months from and after the first day of August, eighteen hundred and eighty-six, and shall thereafter con- tinue to reside upon and cultivate the said land for the period and in accordance with the terms and conditions prescribed by the homestead provisions of " The Dominion Lands Proviaoiaato j^cf, 1883;" Provided also, that no substitute to be substitutes, selected by a grantee shall be a person who is not eligible 1130 1885. Land Grants, Militia Service. Chap. YS. 2 under the provisions of the said Act to obtain entry for a homestead : And provided further, that in case a substitute Proviso: as be selected by a grantee, as hereinbefore provided, the land ^°\l^l °^ shall be entered in the name of the substitute ; and upon compliance with the conditions in that behalf prescribed by the homestead provisions of the said Act, the patent for the two quarter sections shall be issued in the name of the said substitute. 2» Any person entitled under the foregoing provisions to Scrip may be select and enter, either by himself or by his substitute, three f "ad* of land. hundred and twenty acres of land as a homestead, in the manner and subject to the terms and condition hereinbefore prescribed, may in lieu thereof, if he so chooses, receive scrip for eighty dollars, which shall be accepted in payment of any Dominion lands open for sale, or in pay- ment of pre-emptions, or of rents of Dominion lands leased for grazing or hay-cutting purposes ; but any person choos- ing to take scrip, as herein proTided, must notify the Minister of the Interior of his choice on or before the first day of August, eighteen hundred and eighty-six. 3. All grants of land or scrip, as the case may be, issued ^''O"^^^^™^^.*^ in accordance with the foregoing provisions, shall be made lands or scrip, by the Minister of the Interior, upon a warrant in favor of the person entitled- thereto issued by the Minister of Militia and Defence, which shall be recorded in the Department of the Interior, under clause twenty-one of " The Dominion Lands Act, 1883 ;" and all scrip issued under the second sec- Scrip. tion of this Act shall be subject in all respects to the pro- visions of the said clause twenty-one, and also of clause twenty-two of the said Act. 4. The entries to be made and the patents to be issued Patents to be under this Act shall not be subject to the dues and charges '^^ ° '^ *"'^®" exacted in the case of ordinary homestead entries. OTTAWA; Printed by Brown Chamberlin, Law Printer to the Queen's Most Exeellent Majesty. 1131 48-49 VIC, CHAP. 76. An Act to authorize the advance of a certain sum to the Harbor Commisioners of Three Rivers. Preamble. 45 v., c. 52. [Assented to 20th July, 1885.] WHEKEAS by section six of the Act of the Parliament of Canada, forty-fifth Yictoria, chapter fifty-two, inti- tuled, " An Act to provide for the improvement and manage- ment of the Harbor of Three Rivers " (hereinafter referred to as " the said Act ") the Harbor Commissioners of Three Rivers were authorized to borrow certain sums of money as therein set forth ; and whereas, under, the said Act the said Cor- poration have borrowed the sum of sixty-three thousand six hundred dollars, and issued debentures therefor, bearing interest payable half-yearly, at the rate of six per centum per annum ; and whereas it is estimated that in order to complete the works in the said harbor now under contract, a further sum of eighteen thousand four hundred dollars will be required : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Loan not exceeding S82,000 may- be raised. Under pro- visions of 35 v., c. 6 and 38 v., c. 4. To form part of Con. Rev. Fund. Eate of in- terest limited, 1- To enable the said Harbor Commissioners of Three Rivers to pay off and redeem the said debentures so issued by them, and also to aid them in completing the works now under contract in the said harbor, the G-overnor in Council raay authorize the raising, by way of loan, of such sum or sums of money, not exceeding in the whole the sum of eighty-two thousand dollars, as may be required for the purposes mentioned in the second section hereof ; such sum or sums of money to be so raised in accordance with and under the provisions of the Act passed in the thirty-fifth year of Her Majesty's reign, chaptered six, and intituled, " An Act respecting the Public Debt and the raising of loans authorized by Parliament" as amended by the Act passed in the thirty-eighth year of Her Majesty's reign, chaptered four, and intituled, " An Act to amend the Act respecting the Public Debt and the raising of loans authorized by Parliament" and the sums so raised shall form part of the Consolidated Re- venue Fund of Canada: Provided always, that the rate of interest on any loan to be raised by virtue hereof, shall not exceed four per centum per annum. 1132 1885. Harbor Commissioners of Three Rivers. Chap. '76' 2 2. Out of the sum so raised as aforesaid, or out of any Advan. e to other unappropriated moneys forming part of the Oonsoli- mSners™" dated Eevenue Fund, such sum of money as may be required to pay off and redeem the debentures of the said Corpora- tion, now issued under the said Act, at a rate not exceeding the par value thereof, and to pay the accrued interest thereon, may be advanced to the said Harbor Commissioners ; and Remaiader to the remainder of the said sum of eighty-two thousand dol- under'coii"'^ ^ lars may be advanced from time to time to the said Harbor tract. Commissioners to meet payments to be made on account of works now under contract : Provided, that no money shall P^o'^iso. be so advanced unless with the sanction of the Grovernor in Council, on the report of the Minister of Public Works. •$. Upon the payment or advance of any sum under this Bonds for re- Act to the said Harbor Commissioners, they shall deposit, P^y^^^*°^ as such Commissioners, with the Minister of Finance and Tances. Receiver G-eneral, their bonds, payable in twenty-five years, to Her Majesty, for the amount so advanced, in such form Fc™ and as the said Minister may approve, and bearing interest at of bonds"' ° the ratf of four per centum per annum, payable half-yearly ; such interest to be reckoned from the time of such advance and to be payable by the said Harbor Commissioners out of their income from tolls, rates, dues and other sources of in- come under the said Act, or any amendment thereof, and to be a first charge thereon, and payable out of the same in preference to all charges whatsoever ; and the Commission- Sinking fund, ers shall also pay to the said Minister of Finance every half year as aforesaid, one-half of one per cent, as a sinking fund towards the redemption of the said debentures. 4. Section six of the Act first above cited is hereby repealed. Sections e of save only as respects the debentures heretofore issued under repealed f ^ it ; and as regards such debentures the Harbor Commission- except as to ers shall forthwith give public notice to the holders thereof, fagued!"whieh in such manner as shall be approved by the Minister of shall be re- Finance and Eeceiver G-eneral, that the same will be redeem- notice!* ^^^^^ ed on presentation at the ofiB.ce of the said Harbor Commis- sioners. OTTAWA : Printed by Beown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 1133 Preamble. 48-49_VIC., CHAP. 77. An Act for facilitating navigation of the River St. Law- rence, in and near the Harbor of Quebec. [Assented to 20th July, 1885.] LI EE, Majesty, by and with the advice and consent of the -'-'- Senate and House of Commons of Canada, enacts as follows : — Sab- section 78 of section 29 of Act of Province of Canada, 29 v., c. 57 repealed. Quebec Har- bor Commis- sioners may remoTe or prevent obstacles to navigation. !• Sub-section seventy-eight of the twenty-ninth section of the Act of the Legislature of the late Province of Canada, passed in the twenty-ninth {year) of Her Majesty's reign, and intituled, '^ An Act to amend and consolidate the provisions contained in the Acts and Ordinances relating to the incorpora- tion of and the supply of water in the City of Quebec," is hereby repealed with any by-law lawfully made under it ; except only as respects any offence against any such by- law, committed before the passing of this Act, or any penalty incurred for such offence : — And the Quebec Harbor Commissioners, in whom the powers of the late Trinity House of Quebec, for the security and facility of the navigation of the River St. Lawrence, from the Basin of Portneuf downwards, are now vested, may use, or authorize the using by others, under their direction, of such means as they may think proper, for pre- venting or removing obstructions to the navigation of the said river within the limits of the Harbor of Quebec. OTTAWA ; Printed by Beown Chameeelin, Law Printer to the Queen's Most Excellent Majesty. 1134 48-49 VIC, CHAR 78. An Act to amend the Acts respecting the appointment of a Harbor Master at the Port of Halifax. [Assented to 20th July, 1885.] IN amendment of the Act passed in the thirty-sixth year Preamble. of Her Majesty's reign, intituled, ''An Act to amend the ^6 v., o. 12. Act to provide for the appointment of a Harbor Master for the Port of Halifax" and of the Act thereby amended. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1. The penalty imposed by any rule or regulation made Kecorery of by the Grovernor in Council, under the first section of the posed under Act first above mentioned, and incurred by any breach or 36 v , c 12. continuing breach of such rule or regulation, may be recovered by summary proceeding and conviction before the stipendiary magistrate or any justice of the peace having jurisdiction in the harbor of Halifax, or other place where such breach is committed or is continued, under the ''Act 32-33 v., c. respecting the duties of Justices of the Peace, out of Sessions, in relation to Summary Convictions and Orders," on the infor- mation of the harbor master of Halifax or other person ; and payment thereof may be enforced in the manner by the said Act provided ; and one moiety of such penalty shall Application belong to the informer (not being the harbor master), and °f P^^^^'y- the other moiety to the Crown ; but if the haibor master be the informer, the whole shall belong to the Crown. ■*& 2. The harbor master of the Port of Halifax may out of ^'^""J? |j^^^ the moneys received by him for fees, retain for his own bor Master.' remuneration, one thousand eight hundred dollars, instead of one thousand six hundred, as provided by the Act amended by that cited in the preamble to this Act ; but out of the sum so retained he shall defray boat hire and other expenses of his otfice. OTTAWA : Printed by Beown Chameerlin, Law Printer to the Queen's X'ost Excellent Majesty. 1185 49 VIC, CHAP. 9. Preamble. Agreement between the Government and the Com- J>any. An Act further to amend the Act respecting the Cana- dian Pacific Railway. [Assented to 2nd June, 1886.] WHEREAS an agreement has been entered into between the Groyernment of the Dominion and the Canadian Pacific Railway Company (hereinafter called the Company) subject to the approval of Parliament, providing for the payment and settlem.ent, in the manner described in the said agreement, of the full amount remaining due, with in- terest, of the loans and advances heretofore authorized to be made to the Company by the Government, amounting in all to the sum of twenty-nine millions eight hundred and eighty thousand nine hundred and twelve dollars, and con- taining certain stipulations by the Company for authority to deal with their lands and with the branch of their rail- way known as the Algoma Branch, in manner and form as stated in the said agreement ; and it is expedient to ap- prove and ratify the said agreement, and to grant the powers necessary to carry out the same : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Agreement ratified, and power given to carry it out. Proviso. !• The said agreement, a copy of which is appended hereto, is hereby approved and ratified, and the Grovern- ment and the Company respectively are hereby authorized to perform and carry out the conditions thereof according to their intent and purport : Provided, that the G-overnor in Council may extend the time for the payment of the first instalment and interest mentioned in the said agreement, to a date not later than the first day of July now next. 2. So soon as the payment and settlement of the sum $29 880 912 advanced on the said sum of twenty-nine millions eight oompany may hundred and eighty thousand nine hundred and twelve be authorized dollars, and interest, shall have been eff'ected, as provided gagebonXon by the Said agreement, the Company, under the authority the Algoma of a special general meeting of their shareholders, called for the purpose, may issue mortgage bonds, secured upon the branch of the said railway known as the Algoma Branch, constructed and to be hereafter constructed, completing the connection between the main line of the Canadian Pacific 1136 On payment of the branch. 1886. Canadian Pacific Railway. Chap. 9. 2 Eailway and the Eiver Ste. Marie, — which issue shall constitute a first mortgage and privilege upon the said branch railway, constructed and to be thereafter con- structed, including the rolling stock and plant applicable thereto, and upon the tolls and revenues thereof, after de- duction from such tolls and revenues of working expenses, and upon such rolling stock and plant appertaining thereto, as shall be declared and described in any deed of mortgage securing such bonds, which shall be executed by the Com- pany, in confornlity with its charter ; but the proceeds of Application such bonds shall be applied exclusively to the cost of com- ° P''""''^ ^• pletion and equipment of the said Algoma Branch, includ- ing the bridge over the said river ; and before the issue *l°?iP*°^ of such bonds, the Company shall make by-laws, prescribing viousiy pass the mode in which the due and exclusive application of by-laws re- the proceeds of the said bonds to the purposes hereinafter bonds for defined shall be secured, and in which, in case of default P^°*v°!l°" °^ in the payment of the interest on such bonds or of the capital thereof, the rolling stock and plant, if any, included in such mortgage as appertaining to the said branch, shall be identified, and the tolls and revenues derivable from such branch ascertained and distinguished from the tolls and revenues of the main line, and making such further ;|)rovisions as may be just and expedient for the protection of the holders of the bonds secured upon the said branch line, without interfering with the rights of the holders of other securities of the Company ; and such by-laws shall be By-laws sub- submitted for approval to the Grovernor in Council, and ^^alVy Got-"" upon such approval, a certified copy thereof shall be de- ernorinCoun- posited in the ofiice of the Secretary of State, and thereafter ,"^0 be altered such by-laws shall continue to be valid and binding upon while bonds the Company, and shall not be altered or repealed by the *" '° ^°'"^^- Company so long as the bonds referred to therein remain in force. 3. The mode of securing the said mortgage bonds, and Modeofsecur- the rights, privileges and remedies applicable thereto and b^^aaproTidei available to the holders thereof, shall be such as are described in the charter in sections twenty-eight, thirty-two, thirty-three, thirty-four, °^*^^ ^°™' thirty-five and thirty-six of the charter of the Company, , 4. The Company may also issue mortgage bonds to such Company :amount as they shall deem fit, and as shall be approved by ^o^tgagi''"* the Grovernor in Council, not to exceed two dollars per acre, bonds secured and according to the terms of the said agreement, secured °°J^°gf ; upon the lands of the Company to which they shall then be entitled under the provisions of the construction contract exe- cuted on the twenty-first day of October, one thousand eight hundred and eighty ; and the provisions of sections thirty, thirty-two, thirty-four, thirty-five and thirty-six of the charter of the Company shall apply to such last-men- tioned bonds ; but nothing herein contained shall affect or 72 IIST Chap 9. Canadian Pacific Railway. 49 Vicr. Conditions of such issue. For security of outstand- ing land grant bonds beyond tlie $5,000,000 in hands of the Government. Provision for release of cer- tain bonds held by Gov- ernment under con- struction contract, on satisfactory proof that their reten- tion is un- necessary. impair the security or remedies of the holders of outstandings land grant bonds ; and in making such last-mentioned issue of bonds, the Company shall reserve and place in the hands of the trustees of the mortgage securing such bonds, if trus- tees are created by such mortgage deed, and if not, then in the hands of some person or Company appointed for the purpose by the Governor in Council, an amount of the said bonds equal in value to the land grant bonds then outstand- ing and unsatisfied above and beyond the sum of five million dollars of such bonds in the hands of the Grovern- ment, the exchange of which is provided for by the said agreement ; and the bonds so reserved shall not be used or disposed of for any other purpose vv'hatsoever, except for providing, by payment or exchange, for the land grant bonds so outstanding and unsatisfied. 5- If after the said Canadian Pacific Railway shall have been constructed and duly placed in operation to its ter- minus on the seaboard in the Province of British Columbia, it shall be established to the satisfaction of the Grovernor in Council that the retention of the amount of five million dollars in bonds under the provisions of the construction contract, as security for the operation of the railway, is no longer necessary in the public interest, the GrOvernor in Council may order that the said bonds be released and delivered to the Company. Compan.v Q, The Company may take and hold the stock of the ™ockTn ""* North Shore Railway Company as a means of acquiring the North Shore railway of the said Company. * * * * Yearly return of land sales. S. The Company shall lay before the House of Commons within the first fifteen days of the meeting of Parliament a list of all lands sold by them during the year ending on the first day of October in each year, together with the names of the purchasers. SCHEDULE. Agreement referred to in section one of this Act. This Agreement made, subject to the apjSroval^of Par- liament, between Her Majesty the Queen, acting for the Dominion of Canada, herein represented by the Honorable A. W. McLelan, Minister of Finance, hereinafter called the Grovernment, and the Canadian Pacific Railway Company, herein represented by the chief executive officer thereof, hereinafter called the Company, witnesses, — 1138 1886. Canadian Pacific Railway. Chap. 9. 1. That inasmuch as the amount actually ad\^anced to the Company by the GrOA''ernment on account of the sum of $20,000,000, secured by the first mortgage bonds of the Com- pany, to the amount of i;4,109,500 sterling, is $19,150, *700, it is agreed that the Company shall repay to the Grovernment with interest at the rate of four per centum per annum, as provided by the Act 48-49 Victoria, chapter 5*7, the said sum of $19,150,700, — such payment to be made in two equal instalments, the first of which shall be paid on the first day of May next, and the second thereof on or before the first day of July next, both with interest as aforesaid. 2. That upon full payment of the said two cash instal- ments and interest as hereinbefore provided, the land grant of the Company shall be reduced by such number of acres as shall be sufficient, computing the value thereof at $1.50 per acre, to extinguish the balance of the loan of $29,880,912, mentioned in the Act 48-49 Victoria, chapter 5Y, that is to say, the sum of $9,880,912, with interest at the rate afore- said to the first day of May next ; and such reduction shall be effected by the retention by the Government of lands of equal average quality and value, with the lands constitut- ing the portion of the Company's land grant not heretofore disposed of the Company. 3. That upon the settlement of all accounts respecting the said authorized loan of $29,880,912, and payment and settlement as aforesaid of all sums of money due thereon, all the bonds of the Company secured exclusively upon the land grant of the Company, commonly called land grant bonds, now held by the Grovernment in excess of the sum of $5,000,000 of such bonds held by the Government under the Construction Contract of the 2ist October, 1880, shall be cancelled, and the debenture stock of the Ontario and Quebec Eailway Company held by the Government under the Act 4*7 Victoria, chapter 61, section 1, shall be returned to the Company ; and the Government shall authorize the Com- pany, under section 10 of 48-49 Victoria, chapter 5*7, to mort- gage the Algoma Branch to such amount per mile as is authorized by the charter of the Company with respect to the main line. 4. That upon the settlement in manner aforesaid of the indebtedness of the Company to the Government, the Com- pany may issue first mortgage bonds upon the remaining lands granted to them under their said contract, in such man- ner as is provided by their charter in respect of the issue of land grant bonds, and to such amount per acre as they shall deem fit, not to exceed $2 per acre, subject to the approval of the Governor in Council — all of the outstanding land grant bonds obtainable being first duly cancelled, and a reserve being made from the new issue to coyer such out- |standing land grant bonds as cannot be obtained for can- cellation. And in the event of the Company making such issue, the Government will accept in exchange for the said >72i 11S9 Chap. 9. Canadian Pacific Railway. 49 YlCT. $5,000,000 of the said land grant bonds, a like amount of the new issue of bonds, — such bonds to be held and dealt with in the same manner as the Grovemment were, by 44 Victoria, chapter 1, intituled, " An Act respecting the Cana- dian Pacific Railway" authorized to hold and deal with the said $5,000,000 so exchanged. 5. That all necessary legislation required to carry the pro- visions hereof into force shall be asked for from Parliament at it present session. In witness whereof the Minister of Finance has hereto set his hand and seal, and the chief executive officer and the secretary of the Canadian Pacific Railway Company have hereto set their hands and have caused the seal of the Com- pany to be hereto affixed the 30th day of March, in the year of Our Lord one thousand eight hundred and eighty-six. (Signed,) A. W. McLELAN, Signed and sealed by the Min- \ ister of Finance in the' presence of ? (Signed,) Geo. "W. Burbidge.) The Canadian Pacific Railway Company per (Signed,) G-EO. STEPHEN, President. (Signed,) C. DRINKWATER, Secretary. OTTAWA : Printed by Brown f hambeelin, Law Printer to the Queen's Moat Excellent Majesty. 1140 49 VIC, CHAP. 10. Au Act to authorize the granting of certain subsidies for and in aid of the construction of the lines of railway therein mentioned. [Assented to 2nd June, 1886.] TTEE Majesty, by and with the advice and consent of the Preamble. -'-'- Senate and House of Commons of Canada, enacts as follows : — !• The Grovernor in Council may grant the subsidies here- ^'^J'^'*^®^^ inafter mentioned to the railway companies, and towards the construction of the railways also hereinafter mentioned, that is to say : — For a railway from a point at or near Moncton, to Buctouche, in the Province of New Bruns- wick, thirty miles, a subsidy not exceeding |3,200 per mile, nor exceeding in the whole | 96,000 For a railway from Ingersoll via London to Chat- ham, in the Province of Ontaiio, eighty miles, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 2-56,000 To the Northern and W estern Eailway Company for ten miles of their railway, intervening between the termini of the portions of their railway for which subsidies are already granted, the one from Fredericton and the other from Indiantown, and an extension of two miles down to deep water at Chatham, in the Province of New Brunswick, a sub- sidy not exceeding |3,200 per mile, nor ex- ceeding in the whole 32,000 To the Caraquet Railway Company, for ten miles of their railway from the end of the present subsidized portion at Lower Caraquet to Shippegan, in the Province of New Bruns- wick, a subsidy not exceeding $j,200 per mile, nor exceeding in the whole 32,000 To the Lake Erie, Essex and Detroit Eiver Rail- way Company, for thirty-seven miles of their railway, from "Windsor to Leamington, in the Province of Ontario, a subsidy not ex- ceeding $3,200 per mile, nor exceeding in the whole 118,400 1141 Chap. 10. Railway Subsidies. 49 TiCT. To the Thunder Bay Colonization Eailway Com- pany, for fifty-six miles of their railway, from the end of the present subsidized sec- tion to a point near Crooked Lake, in the Province of Ontario, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 179,200 To the Parry Sound Colonization Railway Com- pany, for forty miles of their railway, from the Village of Parry Sound to the Village of Sandridge, on the line of the Northern Pa- cific Junction Eailway, in the Province of Ontario, a subsidy not exceeding |3,200 per mile, nor exceeding in the whole 128,000 For a railway from a point at or near New G-las- gow or St. Lin, to or near to Montcalm, in the Province of Quebec, eighteen miles, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 5'7,600 For a railway from Hereford to the International Eailway, in the Township of Eaton, in the Province of Quebec, thirty-four miles, a. sub- sidy not exceeding |8,200 per mile, nor ex- ceeding in the whole 108,8C0 For a railway from St. Felix to Lake Maskinonge Parish of St. Gabriel, in the Province of Quebec, ten miles, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 32,000 For a railway from G-lenannan to "Wingham, in the Province of Ontario, five miles, a subsidy not exceeding $3,200 per mile, nor exceed- ing in the whole 16,000 For a railway from a point at or near the McCann Station on the Intercolonial Eailway, to the Joggins, on Cumberland Basin, in the Prov- ince of Nova Scotia, twelve miles, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 38,400 For a railway from L'Assomption to I'Epiphanie, in the Province of Quebec, three miles and a-half, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 11,200 To the Montreal and "Western Eailway Company, for seventy miles of their railway from St. Jerome, north-westerly towards Desert, in the Province of Quebec, a subsidy of $5,161 per mile, in lieu of the subsidies granted by 46 Victoria, chapter 25, and 4*r Victoria, chap- ter 8, not exceeding in the whole 861,2'70 For a railway from St. Andrews to the Canadian Pacific Eailway at, or at any point east of the Town of Lachute, in the County of Ar- genteuil, in the Province of Quebec, seven 1142 1886. Railway Subsidies. Chap. 10. miles, in lieu of the subsidy granted by 47 Victoria, chapter 8, a subsidy ]iot exceeding $3,200 per mile, nor exceeding in the whole 22,400 To the Canada Atlantic Railway Companj'', for twelve miles of their railway from Clark's Island to Valleyfield and from J.acoUe, inthe Trovince of Quebec, to the International Boundary, a subsidy not exceeding §3,200 per mile, nor exceeding in the whole 38,400 Por a railway from Truro to Newport, in the Pro- Tince of Nova Scotia, forty- nine miles, a sub- sidy not exceeding $3,200 per mile, nor ex- ceeding in the whole 156,800 To the Quebec and Lake St. John Railway Com- pany, for ninety-five miles of their railway, from a point fifty miles north of St. Raymond to Lake St. John, in the Province of Quebec, a subsidy not exceeding $1,961 per mile, nor exceeding in the whole (in addition to the subsidy granted by 45 Victoria, chapter 14, and 46 Victoria, chapter 25, of §3,200 per mile) 186,295 To the Cap Rouge and St. Lawrence Railway Company, for twelve miles of their railway from Lorette via Cap»Rouge to Quebec, in the Province of Quebec, a subsidy not ex- ceeding $3,200 per mile, nor exceeding in the whole 38,400 For the construction of wharves and landing stages on the line of the railway from Long Sault to the foot of Lake Temiscamingue, a subsidy of 6,000 To the Grananoque, Perth and James' Bay Rail- way Company, seventeen miles, a subsidy not exceeding $3,200 per mile, nor exceeding inthewhole 54,400 For a railway from St. Eustache to St. Placide, County of Two Mountains, eighteen miles, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 57,600 For a railway from a point on the Int.^rcolonial Railway through the Stewiacke Valley, on a line which will afford facilities of commu- nication with the Iron Mines, Spring Side, Upper fctewiacke, and Musquodoboit settle- ments, twenty-five miles, a subsidy not ex- ceeding §3 200 per mile, nor exceeding in the whole .-..; 80,000 For a railway from Yamaska to the River St. Francis, in the Province of Quebec, ten miles, 1143 4 Chap. 10. Ptailway Subsidies. 49 YiCT". ' » a subsidy not exceeding $3,200 permile,iior exceeding in the whole 32,000 For a railway from Perth Centre Station on the New Brunswick Eailway. to a point near Plaister Eock Island, in the Province of New Brunswick, twenty-eight miles, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 89,600 For a railway from Fredericton to the Tillage of Prince William, in the Province of New Brunswick, twenty-two miles, a subsidy not exceeding $3,200 per mile, nor exceeding inthewhole '70,400 For a railway from a point on the Intercolonial E-ailway near Newcastle or vid Douglastown, to a point on the River Miramichi, opposite the town of Chatham, in the Province of New Brunswick, six miles, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole 19,200 For a railway from a point on the Canadian Pa- cific Eailway to Eganville, in the Province of Ontario, twenty-two miles, a subsidy not exceeding $3,200 per mile, nor exceeding in the whole • 70,400 To the Belleville and North Hastings Eailway Company, for seven miles of their railway from the village of Madoc to the junction with the Central Ontario Eailway at Eldo- rado, ih the Province of Ontario, a subsidy (in addition to the subsidy of $1,500 per mile granted by 48-49 Victoria, chapter 59) not exceeding $1,700 per mile, nor exceed- ing in the whole 11,900 To the Napanee, Tamworth and Quebec Eailway Company, for eighteen miles of their railway from Tamworth to Tweed, in lieu of the sub- sidy granted by 48- 19 Victoria, chapter fifty- nine, a subsidy of 70,000 To the Albert Eailway Company, for their rail- way from Salisbury to Hopewell, in the Pro- vince of New Brunswick, which is a feeder to the Intercolonial Eailway, in the form of a loan, repayable at such time and secured in such manner as the Governor in Council determines, asubsidyof 15,000 Companj 2. for the purpose of incorporating the persons under- pOTated'by""^" taking the construction of the railway from Long Sault to O.c.forcon- the foot of Lake Temiscamingue, and of the wharves and rai?way?rom landing stages on the line of the said railway mentioned in Long Sault to the next preceding section, the Grovernor in Council may 1144 1886. Railway Subsidies. Chap. 10. 5 grant to them, under such corporate name as he shall deem Lake Temia- expedient, a charter conferring upon them the franchises, and wiarves, privileges and powers requisite for the said purposes, as the *c. Grovernor in Council shall deem most useful or appropriate to the said undertaking ; and such charter being published in the Canada Gazette, with any Order or Orders in Council relating to it, shall haye force and effect as if it were an Act of the Parliament of Canada. 3. The subsidies hereinbefore mentioned as to be granted To whom and to companies named for that purpose, shall be granted to ^osl^ and^n^" such companies respectively ; the other subsidies shall be ^hat condi- granted to such companies as shall be approved by the sub'sldieamay G-overnor in Council as having established to his satisfaction be granted, their ability to construct and complete the said railways respectively. All the lines for the construction of which subsidies are granted shall be commenced within two years from the first day or August next and completed within a reasonable time, not to exceed four years, to be fixed by Order in Council, and shall also be constructed according to descriptions and specifications and upon conditions to be approved by the G-overnor in Council, on the report of the Minister of Railways and Canals, and specified in an agree- ment to be made in each case by the Company with the G-overnment, and which the Government is hereby em- powered to make ; the location, also, of every such line of railway shall be subject to the approval of the G-overnor in Council ; and all the said subsidies, respectively, shall be How payable. payable out of the Consolidated Revenue Fund of Canada, by instalments on the completion of each section of the railway of not less than ten miles, proportionate to the value of the portion so completed, in comparison -w^ith that of the whole work undertaken, to be established by the re- port of the said Minister : Provided always, that the grant- Proyiso : as ing of such subsidies to the companies mentioned, respec- powers)'*^, tively, shall be subject to such conditions for securing such running powers or traffic arrangements and other rights, as will afford all reasonable facilities and equal mileage rates to all railways connecting with those so subsidized, as the Governor in Council may determine. OTTAWA : Printed by Beown Chamseelin, Law Printer to the Queen's Most Excellent Majesty. 1145 49 VIC, CHAP. 11. Preamble. Grant to Man- itoba and N. "W. Railway Company. An Act to authorize the grant of certain subsidies in land for the construction of the railways therein mentioned. [Assented to 2nd June, 1886.] TTEE Majesty, by and with the advice and consent of the -*-*- Senate and House of Commons of Canada, enacts as follows : — !• The Grovemor in Council may grant to the Manitoba and North- Western Eailway Company, Dominion lands to the extent of six thousand four hundred acres per mile for each mile of the Company's branch railway running from a point on the main line of that railway, at or near Todburn, in a north-westerly direction through the county of Eussell to the Assiniboine Eiver, near the town of bhellmouth, about twenty-six miles. To the N. W. Central Rail- way Com- pany. 2. The Governor in Council may grant to the North-West Central Eailway Company, or to such other company as may undertake the construction of the railway or a railway from a point on the Manitoba and North-Western Eailway, viS, Eapid City, westward. Dominion lands to the extent of six thousand four hundred acres for each mile of the Company's railway, for the whole distance from Brandon station, on the Canadian Pacific Eailway, or from such point on the Manitoba and North-Western Eailway as aforesaid, to Bat- tleford, in the Provisional District of Saskatchewan, about four hundred and fifty miles. To the Wood 3. The Governor in Council may grant to the Wood ^71^^° fg"*^ Mountain and Qu'Appelle Eailway Company, Dominion Railway lands to the extent of six thousand four hundred acres for each mile of the Company's railway for the whole distance commencing at a point in township number four, in range number thirty, west of the second meridian in the Domin- ion Lands system of survey, passing through the town of Fort Qu'Appelle, to join the Manitoba and North-Western Eailway at a point to be fixed lor that purpose by the G-ov- ernor in Council, about two hundred and forty miles. Company. Grants to be Bubject to certain eon- ditions. 4. The said grants, and each of them may be so made in aid of the construction of the said railways respectively, in ll4t> 1886. Railway Land Subsidies. Chap. 11. 2 the proportions and upon the conditions fixed by the Orders in Council made in respect thereof; — each of the said enter- prises being respectively subject to any modification there- of •which may hereafter be made by the G-overnor in Coun- cil ; and, except as to such conditions, the said grants shall be free grants, subject only to the payment by the grantees Costofsur- respectively of the cost of survey of the lands and incidental '^^^^' ^^■ expenses at the rate of ten cents per acre in cash on the issue of the patents therefor. 5« And whereas it may become necessary for the con- Recital. struction of the railway in respect of which the granting of a subsidy is authorized by the second section of this Act, that a company should be incorporated with the powers requisite for such construction, and for making financial arrangements for the purposes thereof: Therefore, it is hereby further enacted as follows : — ■ For the purpose of incorporating the persons undertaking Governor in the construction of the said railway, or a railway from a Council niay point on the Manitoba and North- Western Railway, via company to Eapid City, westward, and for the incorporation of those construct a who shall be associated with them in the undertaking, the way. Governor in Council may grant to them, under such cor- porate name as he shall deem expedient, a charter con- ferring upon them the franchises, privileges and powers re- quisite for the said purposes, which shall be similar to such of the franchises, privileges and powers granted to railway com- panies during the present session, as the G-overnor shall deem most useful or appropriate to the said undertaking ; and such charter, being published in the Canada Gazette, Publication with any Order or Orders in Council relating to it, shall charter^" ° have force and effect as if it were an Act of the Parliament of Canada : Provided always, that in the event of a com- ProTiso: pany being so incorporated, it shall be provided in the ^f "J^^arter charter that such company shall be subject to all the pres- ent legal obligations of the North-West Central Railway Company, in[relation to the said railway. OTTAWA ; Printed by Becwn Ohambeblin, Law Printer to the Queen's Most Ezcellent Majesty. 114Y Preamble. 49 VIC, CHAP. 12. An Act to amend an Act to authorize the granting of subsidies in land to certain railway companies. [Assented to 2nd June, 1886.] WHEEEAS it is expedient to make further provision, as hereinafter set forth, respecting the subsidies in land authorized by the Act passed in the session held in the forty-eighth and forty-ninth years of Her Majesty's reign, 48-49,V.,e.60. chapter sixty, intituled, ''An Act to authorize the grant of certain subsidies in land for the construction of the railways therein mentioned:" Therefore her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Subsidies in land under the said Act may be grant- ed in town- ships or frac- tions thereof ; subject to cer- tain condi- tions as to lauds reserv- ed under 46 v., c. 17, for Hudson's Bay Company, or as school lands, for which others shall be sub- stituted. !• Notwithstanding anything contained in sections eigh- teen and nineteen of the " Dominion Lands Act, 1883," the Grovernor in Council is hereby empowered to grant the sub- sidies in land authorized by the Act cited in the preamble to this Act, wholly or in part, in tracts each comprising a township or a fractional part of a township, as he deems expedient ; but no such grant shall be made until an extent of land equivalent to that reserved for the Hudson's Bay Company in the township or fractional part of a township to be so granted, has been set apart for that company out of other ungranted available public lands, and such change has been assented to by the said Hudson's Bay Company ; nor shall any such grant be made until a tract or tracts of land equivalent in extent, and as nearly as may be in value, to that set apart as school lands in the township, or fractional part of a township to be so granted, has been set apart as school lands out of other ungranted available public lands ; and the substituted lands so set apart shall stand in place of those reserved for the Hudson's Bay Company and set apart as school lands respectively under the said sections eighteen and nineteen of the '^Dominion Lands Act, 1 883," in the township or fractional part of a township to be so granted. What the 2. The grants of land so made shall include the statutory fhiTAct°haii allowance for roads between sections in the township^ and. include or fractional parts of townships so granted, but shall be subject reserve. ^^ a^reserve of one acre out of every one hundred acres, for 1148 1886. Railway Land Subsidies. Chap. 12. ' the establishment of trails, with convenient watering placesi for the purpose of driving and watering cattle. 3. Such trails shall be for the public benefit, and shall As to lands be open to the public for use as common highways, and reserved for shall be set off within two years after the passing of this Act, by an oiiicer appointed by the Minister of the Interior for that purpose ; and the cost of the survey of such trails shall be borne by the company to which the grant is made. OTTAWA ; Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 1149 49 VIC, CHAP. 13. An Act respecting the exteasion of the Intercolonial Railway from a point at or near Stellarton to the Town of Pictou. Preamble. 48-49 v., c 41. [Assented to 2nd June, 1886.] WHEEEAS by the Act of Supply passed in the session held in the forty-eighth and forty-ninth years of Her Majesty's reign, and chaptered forty-one, the sum of two hundred and fifty thousand dollars was granted to Her Majesty, " to extend the Intercolonial Railway from a point " at or near Stellarton to the Town of Pictou :" Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows : — Power to construct or acquire, &c., the said branch line. Powers of Minister un- der 44 v., c. 25. 1« It is, and has been, since the passing of the Act cited in the preamble to this Act, lawful for the Minister of Rail- ways and Canals to locate, construct, acquire, equip and work a branch line of railway from a point on the Inter- colonial Railway at or near Stellarton, in Nova Scotia, to a point in the town of Pictou in the said Province ; and such branch line shall be part of the Intercolonial Railway. 2. For the construction and working of and for all pur- poses relating to the said Branch Railway, the said Minister shall have and exercise and shall be held to have had all the powers and authority vested in him by " The Government Railways Act, 1881," all the provisions whereof shall extend and apply to the said Branch Railway, which shall be held to be constructed and worked under the said Act. Money appro- 3. The money appropriated as aforesaid for the said branch avai^iabie* ^* 1^^®' °^ ^^7 i^^vote thereof, shall be applied to defray the cost until work is of, or occasioncd by, its construction and acquisition, completed • and paid for. OTTAWA; Printed by Beowh Ohambkrlin, Law Printer to the Queen's Most Excellent Majesty. 1150 49 VIC, CHAP. 14. An Act to authorize the construction of a railway, from the Straits of Canso to Louisburg or Sydney, as a public work. [Assented to 2nd June, 1886.] TTER Majesty, by and with the advice and consent of the Preamble. ■*-'- Senate and House of Commons of Canada, enacts as follows : — !• The Minister of Railways and Canals is hereby author- Railway to be ized to construct a railway from a point on the Straits of public work Canso to Louisburg or Sydney, as a public work ; and " The "^ider u v.. Government Railways Act, 1881," shall apply to such rail- way, and the location and all other incidents of the work shall be determined by the Grovernor in Council. OTTAWA : Printed by Brown Chambbrlin, Law Printer to the Queen's Most Excellent Majesty. 1151 49 VIC, CHAR 15. An Act respecting the railway from Esquimalt to Nanaimo, in British Columbia. [Assented to 2nd June, 1886.] Preamble. T17HEEEAS by the articles of agreement between certain Recital of YV persons therein named and Her Majesty, therein repre- A^greement sented by the Minister of Railways and Canals, and the tmder47V., specification thereunto annexed, which are recited in the curves on the Act passed in the forty-seventh year of Her Majesty's reign, railway, and and chaptered six, it is provided that the gradients and departure alignments of the railway from Esquimalt to Nanaimo therefrom. therein mentioned as to be constructed by the parties of the first part, or a company to be formed by their incorporation, shall be the best that the physical features of the country will admit of without involving unusually or unneces- sarily heavy works of construction, with respect to which the Grovernor in Council shall decide ; and whereas the company formed as aforesaid, having carried ihe works of construction of the said railway far forward towards comple- tion, have represented that in order to avoid such unusually heavy work they have been compelled by the physical features of the country in many places, to adopt sharper curves than those mentioned in the said specification, and have prayed that the same be allowed by Parliament and the said Act amended accordingly ; and inasmuch as it appears by the reports of the Engineer of the Department of Railways and Canals, who has inspected the said works, that the gradients of the said railw^ay are as required by the said specification, and the work satisfactorily performed, and that although sharper curves have been introduced than are admissible, under the said specification, the rail- way is of a more durable and substantial character than if built where iiatter curves could have been obtained, and that the allegations of the said company as to the difficul- ties arising from the physical features of the country apprear to be true, it is expedient to grant their prayer : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol- lows : — With the con- 1. The Governor in Council may, with the consent of the Lt°-GoTeruor Lieutenant G-overnor of the Province of British Columbia 1152 1886. Esquimau and Nanaimo Railway. Chap. 15. 2 in Council, accept curves in the said railway not being of of British less radius than five hundred and seventy-three feet, as oouncu'the" satisfying the requirements of the said Act forty-seventh Governor ia Victoria, chapter six, which shall be construed and have acwpt'the*^ eflfect as if that radius had been mentioned as the least existing allowed by paragraph two of the specification A in the schedule to the said Act, instead of a radius of eight hun- dred feet. curves. OTTAWA : Printed by Brown Ohamberlin, Law Printer to ths Queen's Most Excellent Majesty. t3 1153 49 VIC, CHAP. 16. An Act respecting the Ciirleton, City of Saint John, Branch Railroad. Preamble. 48-49 T., c. 41. Schedule B. Proceedings under it. [Assented to 2nd June, 1886.] WHEEEAS by an Act passed in its now last session the Parliament of Canada appropriated the sum of eighty- five thousand dollars, to purchase the Branch Railroad, harbor frontage, wharf and town lots, and all other property of the Carleton, City of St. John, Branch Railroad Company ; and whereas, in pursuance thereof, the outstanding bonds of the said Company, and also four thousand seven hundred shares out of the five thousand shares of its capital stock, have been purchased by the Grovernment of Canada ; and it i& expedient to declare that the said railroad is a work for the general advantage of Canada, and to make provision for vesting the same with its appurtenances in Her Majesty, for the public uses of the Dominion : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Work declar- ed to be for iLdvantage of Canada. !• The railroad of the Carleton, City of St. John, Branch Railroad Company, with its harbor frontage, wharves and town lots, and all other property of the said Company, is hereby declared to be a work for the general advantage of Canada. Parchase of 2. The Minister of Railways and Canals may purchase ofsfo'ck of"^*^ from the several holders thereof, the shares in the capital company. stock of the Company now outstanding, paying to each such shareholder a sum not exceeding that paid by him for his stock, without interest thereon. Eailway, &c. Tested in the Crown after such pur- chase. Proclama- tion. 3. As soon as the Minister of Railways and Canals has purchased the shares now outstanding of the capital stock of the said Company, the said railroad, with its harbor front- age, wharves and town lots, and all other property of the Company, shall be vested in Her Majesty for the public uses of Canada, free from all claims and incumbrances whatsoever ; and the G-overnor in Council may, by procla- mation declare that the same has so become vested in Her Majesty. 1154 1886. Carleton, City of St. John, Branch Railroad. Chap. 16. 2 4. If the Minister of Railways and Canals cannot agree Provision if with any shareholder in the said Company for the purchase atock^annot of his shares in its stock, or with the holder of any incnm- lie purchased, brance for the discharge thereof, the Grovernor in Council may, by proclamation, declare that from and after a day to be named in such proclamation, the railroad of the said Company, with its harbor frontage, wharves and town lots, and all other property of the Company, shall be vested in Her Majesty for the public uses of Cfanada, free from all claims and incumbrances whatsoever, saving the right of Saving right any shareholder or incumbrancer whose shares of the stock of^compenaa- of the said Company have not been purchased or whose incumbrance has not been discharged as hereinbefore pro- vided, to obtain compensation therefor in the manner by law provided in the case of the expropriation of lands required for public works ; and all provisions of law relat- Certain ing to claims arising from such expropriation, shall, as far as ^ appiy°*^ applicable apply to the cases mentioned in this section. 5. From and after the date of a proclamation issued under Railway and either of the two sections of this Act next preceding, the ^ested^m the Minister of Railways and Canals shall, for all purposes re- Crown, lating to the said railroad, have and exercise all the powers and authority vested in him by " The Government Railways Management Act, 1881," all the provisions whereof shall extend and ap- of^thfj.*"^- ply to the said railroad ; and any other property of the said property. Company vested in Her Majesty under such proclamation, and not required for railway purposes, shall be subject to the control and management of such Ministers and Depart- ments as the Gi-overnor in Council directs. OTTAWA : Printed by Brown Chambeelin, Law Printer to the Queen's Moat Excellent Majesty. TSi 1155 49 VIC, CHAP, 17. Eecital. 46 v., c. 25, 47 V., C.8. An Act respecting certain subsidies for a railway from Metapediac on the Intercolonial Railway to Paspediac. [Assented to 2nd June, 1886.] Preamble. T17HEEEAS by the Act forty-sixth Yictoria, chapter YY twenty-five, the Grovernor in Council v^as authorized to grant to the Bale des Chaleurs Eailwray Company, incor- porated by Act of the Legislature of the Province of Quebec, a subsidy not exceeding three thousand two hundred dollars per mile, nor exceeding in the whole three hundred and twenty thousand dollars, for one hundred miles of their rail- way from Metapediac on the Intercolonial Railway to Pas- pediac in the Province of Quebec, and by the Act forty-seventh Victoria, chapter eight, further authority was given to the Grovernor in Council to grant a subsidy, not exceeding in the whole three hundred thousand dollars, for a branch of the Intercolonial Railway from Metapediac eastward towards Paspebiac, twenty miles in the Province of Quebec, subject in both cases to certain conditions mentioned in the said Acts respectively ; and whereas the said Company, by two separate instruments, designated as articles of agreement, the" company, made in duplicate, between Her Majesty Queen Yictoria and the Company, both bearing date the seventh day of Novem- ber,one thousand eight hundred and eighty-five, have under- taken to construct, in the manner and subject to the conditions set forth in the said instruments respectively, as well the said twenty miles as the remaining eighty miles of the railway from Metapediac to Paspebiac, and it was thereby further agreed that the Grovernment should request Parlia- ment, at the present Session, to authorize the arrangement hereinafter mentioned as to the application of the subsidies aforesaid to the several portions of the said one hundred miles of railway : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Agreement between Her Majesty and How the sub- sidies hereto- fore granted shall be applicable. 1. The said subsidy of three hundred thousand dollars shall apply to the first section of twenty miles of the said railway, eastward from Metapediac ; the subsidy of three thousand two hundred dollars per mile authorized for the said first section shall, with the three thousand two hundred dollars which alone would have been applicable to the second 1156 1886. Subsidy, Railway to Paspebiac. Chap. 1*7. section of twenty miles eastward from Metapediac, be also applicable to it, making six thousand four hundred dollars per mile applicable to the said second section ; and to the remaining sixty miles of the said one hundred miles of the railway the siibsidy of three thousand two himdred dollars per mile shall apply. 2. The two instruments of agreement mentioned in the Agreement preamble to this Act, which were made subject to the ap- °°° ""^ ' proval of Parliament, are hereby approved and confirmed. 3. The Company shall complete the railway hereinbefore Time for mentioned by the first day of December, one thousand eight completion hundred and eighty-eight, and the provisions of the above cited Acts which are applicable thereto shall, except as here- by modified, continue to apply to the said railway and the said Company. OTTAWA: Printed by Brown Chambeeliit, Law Printer to the Queen' 3 Most Excellent Majesty. 115*7 Preamble. 49 VIC, CHAP. 18. An Act to amend the Act to provide for the granting of a subsidy to the Chignecto Marine Transport Railway Company (Limited), [Assented to 2nd June, 1886.] TTEE. Majesty, by and with the advice and consent of the -■-'- Senate and House of Commons of Canada, enacts as follows : — Duration and 1. The term during which a subsidy may be granted out amount of °^ *-^® Consolidated Eevenue Fund of Canada to the Ohig- Bubsidy to necto Marine Transport Railway Company (Limited), under ^^^^^^'-^^gP^y- the provisions of the Act forty-fifth Yictoria, chapter fifty- c. 55. ' five, shall be twenty years instead of twenty-five years, and the amount of the subsidy that may be so granted shall be one hundred and seventy thousand six hundred and two dollars a year, instead of one hundred and fifty thousand dollars a year. 2. The Company shall only call on the Grovernment of Canada for the payment of such sums of the subsidy payable as above mentioned (which shall not in any case exceed the amount then due and payable) as may be required to make up the net earnings of the undertaking to seven per cent, per annum on the authorized share and bond capital of the Com- pany, namely, five millions of dollars. ^f^^Y'^^'^t ^* ^^ ^^^^ ^^® earnings of the undertaking should exceed Goremment sevcn per Cent, per annum upon the aforementioned capital, ""'fit ^""^^^"^ the Company shall pay over to the Grovernment of Canada one-half of the surplus profit beyond the said seven per cent., until the whole of the subsidy which may then have been paid to the Company shall have been repaid to the Grovern- ment by the Company. Company to call for such amount only as may be required to make up its net earnings to 7 per cent, per annum on its capital Indenture of agreement of Her Majesty and the com- pany con- finned. 4. The indenture made on the fourth day of March, in the year of our Lord one thousand eight hundred and eighty- six, between the Chignecto Marine Transport Company (Limited) and Her Majesty the Queen, represented therein by the Minister of Railways and Canals of Canada, a copy of which is in the schedule annexed to this Bill, is hereby approved and ratified. 1158 1886. Subsidy, Chignecto Marine Railway. Chap. 18. SCHEDULE. This Indenttjre, made this fourth day of March, in the year of our Lord one thousand eight hundred and eighty- six, Between " The Chignecto Marine Transport Railway Company (Limited)," hereinafter throughout called the "Company," of the first part ; and Her Majesty the Queen Victoria, represented herein by the Minister of Railways and Canals of Canada, hereinafter throughout called the " Minister," of the second part ; WITNESSETH, That in consideration of the money subsidy hereinafter agreed and consented to be paid to the Company, their successors and assigns, by Her Majesty Queen Victoria, Her heirs and successors, in manner hereinafter mentioned, they, the Company, do hereby, for themselves, their succes- sors and assigns, covenant, promise and agree to and with Her Majesty, Her heirs and successors, in manner following, that is to say : — 1. The Company shall and will acquire the right of way from the county council of the county of Cumberland, in the Province of Nova Scotia, or from the owners, occupants and lessees of all lands reqtiired for the purposes of said Company, in fee simple or otherwise. 2. The Company will well, truly and faithfully make, build, construct, complete and equip in an efl&cient, substan- tial and workmanlike manner, and in accordance with the terms of the proposal made by th6m to the Government, dated the third day of February, A.D. eighteen hundred and eighty-two (a copy of which proposal for a greater security is attached" hereto), a ship railway across the Isthmus of Chignecto, between the Provinces of Nova Scotia and New Brunswick, from Tidnish, on Bale Verte on the Grulf of St. Lawrence, to a point at or near the mouth of La Planche River, in the Bay of Fundy, capable of raising and lowering in its hydraulic lifts and transporting over its line, steamers and other vessels of not less than one thousand tons register each with full cargo, on the line of the route and course shown on the map hereunto annexed, with sufficient and safe docks at each terminus of the railway, capable each of holding securely six steamers or vessels of the tonnage aforesaid (which docks the Company shall enlarge here- after, when found necessary) and all the bridges, culverts and other works appurtenant thereto, and will perform all the engineering services, whether in the field or in prepar- ing plans or doing other office works, the whole works to be done in a workmanlike and efficient manner. 3. The gradients shall be as nearly level as practicable, and the alignment one straight line, and the road-bed con- structed in a workmanlike and efficient manner. 1159 Chap. 18. Subsidy, Chignecto Marine Railway. 49 ViCT. 4. The rails shall be of steel weighing not less than 110 pounds to the lineal yard, and shall be connected by steel fish-plates and fastened in the most approved manner. 5. The Company shall construct such and so many suit- able sidings, traverses or passing places at such convenient places at the termini of said railway as may be convenient and necessary for the purposes of traffic. 6. The Company shall diligently prosecute the works which have been, commenced and shall complete the same in a substantial manner and fully equipped for the services for which it is intended, and to the entire satisfaction of the Minister, on or before the first day of July, A.D. eighteen hundred and eighty-nine. *7. The Company shall, after the completion of the said railway, truly and faithfully keep and maintain the same, and the works and rolling stock, in thorough repair and in good and efficient working and running order, ready and fit, at all times, for the purposes for which they are intended ; and the Company shall and will work the said railway efficiently, charging and receiving such tolls on hulls and cargoes as may be approved of by the G-overnor in Council. 8. Her Majesty doth hereby for herself. Her heirs and suc- cessors, covenant, promise and agree to and with the Com- pany, their successors and assigns, in the manner following, that is to say : — (1.) Should the said railway and docks, and works appur- tenant to the present undertaking, be completed in every respect in accordance with this contract, and should they be accepted as such by the G-overnor "in Council, then, and in such case only and so long during the term of twenty years from the date of said acceptance by the G-overnor in Council, as the said ship railway is kept in thorough repair and satisfactorily performs the services aforesaid to the sat- isfaction of the G-overnment, a subsidy at the- rate of one hundred and seventy thousand six hundred and two dollars per annum shall be payable to the Company at the end of each half year in instalments of ($85,301) eighty-five thou- sand three hundred and one dollars ; it being expressly un- derstood and agreed, however, that such subsidy shall not be payable for any period during the said twenty years during which the conditions above mentioned have not been complied with. (2.) The Company shall only call upon the G-overnnient of Canada for the payment of such portion of the subsidy, payable as aforementioned (which shall not in any case ex- ceed the amount then due or payable) as may be required to make up the net earnings of the undertaking to seven per cent, per annum on the authorized share and bond capital of the Company ($5,500,000). (3.) In case the earnings of the undertaking should ex- ceed seven per cent, per annum upon the aforementioned 1160 1886. Subsidy, Chignecto Marine Railway. Chap. 18. capital, the Company agrees to pay over to Her Majesty's Grovernment of Canada, one-half of the surplus profit beyond the said seven per cent., until the whole of the subsidy which may then have been paid to the Company shall have been repaid to the Grovernment by the Company. (4.) Whereas the terms of payment fixed by the Act of the Parliament of Canada, 45th Victoria, chap. 55 (1882), of the subsidy granted to the said Company, are hereby modified to a certain extent, this agreement is made subject to the approval of the said Parliament of Canada at its now next session. (5.) In case of dispute on any matters relating to this agreement between the parties hereto, the decision thereof is hereby especially given to the Minister of Railways and Canals of Canada, whose determination shall be final and conclusive. In "Witness thereof, the managing director of the said Company, appointed by the Act of incorporation of the said Company, and the secretary of the said Company, have here- unto signed their names and attached the seal of the Com- pany, and the Honorable the Minister of Eailways and Canals hath hereunto signed his name and caused these presents to be sealed and countersigned by the secretary of the Department of Railways and Canals of Canada. Signed and delivered by the^ managing director and by ' the secretary of the said Company, the common sealj of the Company having] been first affixed hereto, in/ the presence of — [Signed], Hector Cameron, of Toronto, Canada. [Signed], H. a. C. KETCHUM, Managing Director. [Signed], HENRY KENDRICK, Secretary. [L.S.] Signed, sealed and delivered , [Signed], J. H. POPE, by the Minister and Sec- I Minister of Railways and retary of Railways and [ Canals. Canals, in the presence ) [Signed], of— i A. P. BRADLEY, [Signed], ) Secretary. H. A. FissiAULT. / [L.S.] OTTAWA : Printed by Brown CnAMBEELiif, Law Printer to tlie Queen's Most Excellent Majesty. 1161 Preamble. 49 VIC, CHAP. 19. An Act respecting the Improvement of the Harbor of Quebec. [Assented to 2nd June, 1886.] HEE Majesty, by and with the advice and consent of the Senate and follows : — House of Oommons of Canada, enacts as ^""^^b^"^ ^"™d ^' ^^ addition to the sums authorized by the Acts thirty- for unprove- sixth Yictoria, chapter sixty-two, forty-third Victoria, chapter seventeen, forty-fifth Victoria, chapter forty-seven and forty- seventh, Victoria, chapter nine, to be raised in the manner therein mentioned, for the relief of the Quebec Harbor Com- missioners and the improvement of the said harbor, it shall be lawful for the G-overnor in Council to raise, by the issue of debentures bearing interest, payable half yearly, at a rate not exceeding four per cent, per annum, a further sum of seven hundred and fifty thousand dollars. ment of the barbor. Eate of in- terest limited. Advance to 2. The sum SO raised may be advanced, from time to time, commission- ^^ ^^^ ^^^^ Commsssioners, to enable them to complete their wet and tidal docks, now in course of construction in the said harbor. As to repay- ment by com- missioners. SO 3. The repayment by the Commissioners of the sum advanced shall be provided for in the manner prescribed by the Act first above cited, as amended by the Act forty-sixth Victoria, chapter thirty-nine, for the repayment of the sums advanced to the Commissioners under it, and subject to the provisions of the said Act in that behalf. OTTAWA : Printed by Browk Ohamberlin, Law Printer to the Queen's Most Excellent Majesty. 1162 49 VIC, CHAP. 20. An Act respecting the transfer of the Lighthouse at Cape Race, Newfoundland, and its appurtenances, to the Dominion of Canada. [Assented to 2nd June, 1886.] WHEEEAS it appears from a despatch from Her Majesty's Preamble. Secretary of State for the Colonies, bearing date fifth Recital of January, one thousand eight hundred and eighty-six, and ^^'^^^' other public documients laid before Parliament by order of His Excellency the Grovernor Greneral, during the present Session : That the lighthouse at Cape Race, in the Island of N'ew- foundland, was erected in the year one thousand eight hun- dred and fifty-six, on a lot of ground containing about three hundred acres, appropriated therefor by the Grovernment of the said Colony, and that the cost thereof, with its appurten- ances, was paid out of the Consolidated Fund of the United Kingdom ; That in pursuance of an Order of Her Majesty in Council, made under the ''Merchant Shipping Act Amendment Act, 1856," dues have been levied in respect of the said light- house, and applied, under the direction of the Board of Trade, in maintaining it and its appurtenances, and in repaying to the said Consolidated Fund the cost incurred in respect thereof ; That the whole of the said cost has been so repaid, and that there remains a balance arising from the said dues, which it is estimated will, on the thirtieth day of June, one thousand eight hundred and eighty-six, amount to twenty thousand pounds, or thereabouts ; That in pursuance of an Order of Her Majesty in Council, made under the said recited Act on the twelfth day of De- cember, one thousand eight hundred and eighty-five, the dues leviable in respect of the said lighthouse will, on and after the first day of July, one thousand eight hiindred and eighty-six, cease to be levied ; That the Grovernment of the United Kingdom, on the Consent of recommendation of the Board of Trade, is willing that the q^/^p^"^'^^ said lighthouse and its appurtenances be transferred to Canada, on condition that the same be maintained for all time at the expense of the Dominion, without any dues being thereafter charged in respect thereof, and that in con- sideration thereof, the sum to be certified by the Board of Trade as the net balance aforesaid, of the moneys arising 1163 Chap. 20. Cape Race Lighthouse. 49 Vict. Necessity of the light- house. Government may accept the transfer mentioned ; and light- house to be thereafter maintained by Canada. And without tolls. Money pay- able to Canada to form part of Consolidated Revenue Fund. from such dues before the first day of July, one thousand eight hundred .and eighty-six, after the payment of all ex- penses of maintaining the lighthouse and appurtenances up to the date of the transfer, and of such gratuities to the exist- ing lighthouse and fog-signal stafFas the Board of Trade may direct, — if the services of such staff be not required by the GrOA'^ernment of Canada after the date of the transfer, — shall be paid to or for the use of the G-OTernment of Canada, by Her Majesty's Paymaster General, in such manner as the Board of Trade may direct ; And that a Bill to authorize the transfer and terms afore- said, and the draft of which accompanies the despatch here- inbofore mentioned, will be laid before the Parliament of the United Kingdom by the Government thereof; And whereas, inasmuch as the said lighthouse is indis- pensable to the safety of Canadian vessels and others navigat- ing the North Atlantic to and from Canada, and by the proposed transfer the Dominion will be relieved from the payment of lighthouse dues, amounting yearly to about one thousand two hundred dollars, on vessels trading between Canadian ports and ports in Europe not in the United Kingdom, which the Dominion Government has paid rather than burden the trade by collecting them, it is expedient to authorize the acceptance of the proposed trans- fer and the conditions aforesaid : Therefore Her Ma-jesty, by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows : — 1. The Government of Canada may accept the transfer and terms aforesaid, and from the first day of July, one thousand eight hundred and eighty-six, or so soon thereafter as the transfer shall have been made, and the said lighthouse, with the tract of land attached thereto, and all other land and all rights of water or other rights heretofore used and enjoyed therewith, and all the other appurtenances thereof, for all the estate and interest therein, either of the Board of Trade or of Her Majesty, or of any body cor- porate, person or persons in trust for Her Majesty or for the Board of Trade or for any public service, shall have been assigned to and vested in Her Majesty for the public service of the Dominion of Canada, the said lighthouse and its appur- tenances shall be maintained for all time at the expense of the revenues of the Dominion, without any dues being thereafter charged in respect thereof. 2. The money to be paid by Her Majesty's Paymaster general to and for the use of the Government of Canada, under the conditions of the said transfer, shall form part of the Consolidated Revenue Fund of Canada. OTTAWA Printed by Brown Chameeblin, Law Printer to the Queen's Most Excellent Majesty. 1.16 1 49 VIC, CHAP. 29. An Act to make further provision respecting grants of land to members of the Militia Force on active ser- vice in the North-West. [Assented to 2nd June, 1886.] WHEREAS it is expedient to make further provision, as Preamble, hereinafter set forth, respecting the grants of land authorized to members of the Militia Force by the Act pass- ed in the session held in the forty-eighth and forty-ninth years of Her Majesty's reign, and chaptered seventy -three : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows : — !• In the Act hereinbefore cited the expression " member Interpreta- of the enrolled militia force actively engaged and bearing *'°'^' arms in the suppression of the Indian and Half-breed out- break," shall be deemed to include, in addition to the mem- bers of the said force mentioned in the said Act : — (a.) Every officer, non-commissioned officer and man of irregulars any irregular force raised by authority and actively engaged gng^Ke^. and bearing arms in the suppression of the said outbreak, other than as a home guard for the protection of property at or near their place of residence ; (b.) Every scout actively engaged during the said out- Scouts. break whose services have been certified to by competent authority ; (c.) The master, pilot and every member of the crew of Masters and the steamer "Northcote " and every member of the crew of ""^Northcote " every other boat engaged in action during the said out- °^ other break ; (d.) Every person regularly appointed to the medical staff, Medical staff. and actively engaged during the said outbreak ; (e.) Nurses and hospital dressers actively engaged, by N^urses and authority, during the said outbreak, and reported for special meritorious service by the Major-General commanding ; {f.} Every officer, non-commissioned officer and man of a JJ?™aa Force corps of the enrolled Militia Force, which corps served in the invalided or suppression of the said outbreak west of Port Arthur, who, ^^f^J'I'Jg^"^.* having started with the corps to which he belonged for ing Port service as aforesaid, was incapacitated through accident and Arthur. ordered to return home or was invalided, not through any 1165 Chap 29. Land Grant, Militia Service. 49 YlOT. If since dead. Privilege granted to members af Militia Force holding cer- tificate of homestead and pre-emp- tion entry. Proviso. fault of his own, before the corps to which he belonged reached Port Arthur ; and if any such officer, non-com- missioned officer or man so ordered to return home |or inralided has since died, then his legal representative ^or representatives. 2- Every member of the enrolled Militia Force, to whom the Act hereinbefore cited as hereby amended, appUes, who; at the time he was called out for active service in suppress- ing the outbreak in the said Act m.entioned, was the holder of a certificate of a homestead and pre-emption entry, under the " Dominion Lands Act, 1883," may tender the warrant mentioned in section three of the Act hereinbefore first cited in payment of all moneys due by him in respect of such pre- emption entry, and such warrant shall be received by the proper officer as a payment in cash to an equivalent amount ; but no such warrant shall be receivable under the provisions of this section from any substitute of any such member of the enrolled Militia Force, under the said first cited Act. And to cer- tain members thereof serv- ing under section 21, of Militia Act, 1883, and of schools of military instruction. Proviso. 3. Any member of the several corps, enlisted and serving under the provisions of section twenty-one of " The Consoli- dated Militia Act of 1883," or of the Schools of Military Instruction constituted thereunder, who is entitled to par- ticipate in the advantages conferred by the Act hereinbefore first cited, may tender the warrant mentioned in section three of the said first cited Act, in payment pro tanto for any land he selects for settlement within six months from the expiry of his term of service under the said section twenty- Provided always, that such member shall, on or before one ; the first day of August, one thousand eight hundred and eighty-six, notify the Minister of the Interior whether he will accept a warrant to be applied as in this section before mentioned, or scrip for eighty dollars, as in the said first cited Act provided. OTTAWA ; Printed by Beotvn Chamberlin, Law Printer to the Queen'sIMost Excellent Majesty. 1166 49 VIC, CHAP. 30. An Act respecting Tolls over the Dunnville Dam and Bridge connecting works constructed over the Grand River. [Assented to 2nd June, 1886.] WHEEEAS the work known as the Dunnville Dam and Preamble. Bridge, erected over the Grand Eiver is a public work of Canada vested in Her Majesty and under the control and management of the Minister of Railways and Canals ; and whereas public convenience would be greatly promoted by the abolition of the collection of tolls for the use of the said Dam and Bridge and by allowing free passage over the same : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — !• Notwithstanding anything in the " Act respecting the f °.*^''? *° ^^ Public Works of Canada," or in any other Act contained, no passage over tolls shall be hereafter levied or collected for passage over the said work, the Dam and Bridge mentioned in the preamble to this Act. OTTAWA : Printed by Beown Chambbrli», Law Printer to the Queen's Most Excellent Majesty. lltl 49 VIC, CHAP. 31. An Act respecting the Union Suspension Bridge. [Assented to 2nd June, 1886.] Preamble. "ITT HERE AS the Union Suspension Bridge, erected oyer VV the River Ottawa, between the cities of Ottawa and Hull, is a pubHc work of Canada vested in Her Majesty and under the control and management of the Minister of Public Works ; and whereas public convenience would be greatly- promoted by the abolition of the collection of tolls for the use of the said bridge and by allowing free passage over the same : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — ^0 tolls to be 1. Notwithstanding anything in the "Act respecting the aken for PubUc Works of Canada" or in any other Act contained, no 'assing the toUs shall be hereafter levied or collected for passage over " ge. ^jj^g bridge mentioned in the preamble to this Act. OTTAWA : Printed by Beown Chakbbrlin, Law Printer to the Queen's Most Excellent Iflajesty. 1168 49 VIC, CHAP. 32. An Act respecting the Burlington Bay Canal. [Assented to 2nd June, 1886.] WHEREAS it is expedient in the interests of navigation Preamble, and for the convenience of the public, that tolls for the use of the public work hereinafter mentioned should no longer be collected : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — 1- Notwithstanding anything contained in the Act thirty- ^oUs on cauai first Yictoria, chapter twelve, intituled, " An Act respecting the Public Works of Canada,'^ no tolls shall hereafter be pay- able or collected in respect of the use of the public work near the city of Hamilton, in the Province of Ontario, com- monly called the Burlington Bay Canal. OTTAWA : Printed by Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 74 1 169 49 VIC, CHAP. 33. An Act for the relief of the Corporation of the Town of Cobourg. Preamble. Recital of case of town of Oobourg. [Assented to 2nd June, 1886.] WHEREAS it appears by the Public Accounts of the Dominion for the financial year ending on the first day of July, one thousand eight hundred and eighty-four, that the corporation of the town of Oobourg was then indebted to the Grovemment of the Dominion in the sum of forty- four thousand seven hundred and ninety-eight dollars and twenty-four cents, such indebtedness arising out of their purchase of> the Oobourg harbor and the Port Hope and Kice Lake Road ; and whereas the said corporation have represented that they contributed in the financial year one thousand eight hundred and seventy-six and seventy- seven the sum of twenty-five thousand five hundred and seven dollars and forty-nine cents towards defraying the cost of constructing the harbor of refuge at Oobourg,. established by the G-ovemment, which, though of great advantage to the shipping of the whole Dominion as a large and safe harbor of refuge, is of no special advantage to the town of Cobourg, no revenue being derived therefrom ; and the said corporation has prayed for relief to the amount of their said contribution, and it is expedient to grant their prayer on the condition hereinafter mentioned : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — Reduction of debt to Gov- ernment by amount of contribution for harbor of refuge. !• On the payment by the said corporation of the balance of the said sum of forty-four thousand seven hundred and ninety-eight dollars and twenty-four cents, together with the interest due thereon, after deducting therefrom the said sum of twenty-five thousand five hundred and seven dollars and forty-nine cents, the Government may discharge the said corporation from all further indebtedness on account of the said first mentioned sum, or any interest thereon. OTTAWA : Printed by Brown Chambeblis, Law Printer to the Queen's Most Excellent "Majesty. 11*70 49 VIC, CHAP. S8. An Act respecting the bounty on Pig Iron manufactured in Canada from Canadian ore, [Assented to 2nd June, 1886.] j-lEE Majesty, by and with, the advice and consent of the Preamble. -■-■- Senate and House of Commons of Canada, enacts as follows : — 1. The Grovernor in Council may, until the thirtieth day ^j?^*'^^'?" of June, one thousand eight hundred and eighty-nine, con- authorized tirnie to grant the bounty of one dollar and fifty cents per ^r three ton on pig iron manufactured in Canada from Canadian ore, ^^^^^' authorized to be granted until the thirtieth day of June, one thousand eight hundred and eighty-?ix, by the Act forty-sixth "Victoria, chapter fourteen. 2. The Governor in Council may, in the manner by the And of re- said Act provided, grant a bounty of one dollar per ton on foTthree'™*'' pig iron so manufactured, from the first day of July, one further years. thousand eight hundred and eighty-nine, to the thirtieth day of June, one thousand eight hundred and ninety-two. 3. The provisions of the Act above cited shall apply to 46 v., c. u, the bounties which the Grovernor in Council is hereby em- *° *PP^y- powered to grant. OTTAWA : Printed by Brown Chambeklin, Law Printer to the Queen's Moat Excellent Majesty. U71 INDEX The figures denote tUe uumbirs at the bottom of the pages. A. Absence i a relation to Miirriage. (Civil Codi', L C.) 400 Acceptance of Bills of Exchange. (Civil Code, L. 0.) 413 Affreightment. (Civil Code, L. C) 426 Albert Railway Co. ; Railway Subsidy to 1144 Alewives' Fisheries, P. E. I 681 Amherst Harbor, Magdalen Islands. S e Harbo s aud Channels, &c 734 Annapolis to Digby, in the Province of Nova Scotia; A Railway from, ^ee Subsiaies, &c. 1099 Asylum. See Canada Military Asylum, Quebec 998 Av^age and Demurrage. (Civil Code, L 0) 431 B. Bailiff of the Trinity Hou.'e of Quebec ; Salary of. 5<;e Quebec, &c 24 Bank Notes in Nova Scotia 749 Bank of U. C. See Upper Canada Bank, &c lOfS Bank of Upper Canada ; To amend the Act 33 Vict., Chap. 40, respecting the settle- ment of the affairs of the Bank 767 Bank of Upper Canada ; To vest in Her Majesty for the purposes therein mentioned the property and powers now vested in the trustees 757 Banking (in N.8.) See New Brunswick Acts 521 Banking (in N.B.) An Act to explain, &c. See Sew Brunswick Acts 564 Bankruptcy or Insolvent Laws (in B.O ) fi'ee British Columbia Acts 62.3 Bathurst, Improving the Harbor of. See Harbors and Channels, &c 734 Bale des Chaleurs Railway Co. See Subsidies, &c 1064 Beaver River, Harbor dues. See Collingwood, Township, &c 76i Belleville and North Hastings Railway Co. 5ee Railways, &c. Subsidized, &c.... 1126,1144 Belleville, Port. See River Moira 94i> Belleville, Town of; To authorize the imp sltion and collection of Harbor Dues, and for other purposes 765 Benefit Building Societies ; An Act for the regulation of, &o. (in P. E. I.) 69J Benefit Building Societies (iu N. B.) See New Brunswick Acts 54J Benefit Building Societies (in N. B.) ; An Act to revive, &c. -See New Brunswick Acts 583 Bills, Notes and choses in action. See New Brunswick, Acts ot 51-j Bills, Notes and choses in action, N. B. See New Brunswick, Acts of Sa.J Bills of Exchange, See Duty on Promissory Notes, &c 106:5 Bills of Exchange, General provisions. (Civil Code, L. C ) 4M Bills of Exchange, Notes and Cheques. (Civil Code, L. C.) 412 Bills of Lading. (Civil Code, L. C.) 42S Bills of Lading, P. E.I ■■ 67i Birds and Animals ; Preservation of. See Nova Scoiia Acts 50.') Bottomry and Respondentia. (Civil Code, h C.) 43T Botmty on Pig Iron. See Pig Iron, &c 1171 Branch Lines of Railn-ay from points on the Int<-rcolonia,l Railway and Prince Edward Island Railway respectively ; An Act to provide for building 1006 Branch Railroad, St. John. See Carleton, City of St. John Branch, &c 1164 Breakwater at Cow Bay, N.S 842 Bribery, &c , in British Colambia GJl 75 I N n E X . The figures denote the numbers at the bottom of the pages. , Pare. Britisli Columbia; Acts of 59ieteeq. Bankruptcy. See Cattle, farmed on shares, &o 628 Bribery, treating and undue influence at elections of Members of the Legislature f An Act to prevent. 621 British Columbia, Laws of the former separate Colony of 596 Cattle farmed on shares and their increase. An Act to exempt them (in certnin cases) from the operation of Bankruptcy or InsolTency Laws 628 Companies Ordinance, 1866, An Ordinance respecting 618 Consolidating in one Act certain provisions usually inserted in Acts authorizing the taking of lands for undertakings of a public nature 594 Controverted Elections and disputed returns of members of the Legislature, An Act to make provisions for enquiring into 626 Elections of Members. See Bribery, &c .'..... 621 Elections of Members of the Legislature of the Colony, An Act to regulate the 620 Evidence in certain cases, An Ordinance to provide for the taking of oaths and admission of. 600 Indians. See intoxicating Liquors, &c , 602 insolvency. See Cattle farmed on shares, &c 628 Intoxicating Liquor to Indians, An Ordinance to assimilate and amend the law prohibiting the sale or gift of 602 Investment and Loan Societies, An Ordinance to encourage the establishment of... 60T Investment and Loan Societies Ordinance, 1869 623 Joint Stock Companies. See Ordinance, &c 598 Leorislature. See Election of Members, &c 620 See Bribery, &c 621 And See Controverted Elections, &c 626 Loan Societies. iSee Investment, &c 607, 623 Loan Societies Ordinance. See Investment, &c 607, 623 Marriage, An Ordinance to regulate the solemnization of 604 Members. See Elections of Members, &c 620 Bribery, &c 621 Controverted Elections, &c 626 Oaths See Evidence, &c » 600 Ordinance to amend the law relating to .loiot Stock Companies 598 Partnership, An Ordinance to amend the law of. 60S ■ Proclamation of His Excellency James Douglas, C.B., Governor and Commander in Chief, &c , &c 596 Eevised Statutes 594 et acq. Treating and undue influence. See Bribery, &c 621 Undue influence. See Bribery, &e 621 Union of Vancouver Island and British Columbia, Laws of British Columbia after 600 et seg. Vancouver Island, Law of the former Separate Colony of. 594 British Columbia, Railway from Esquimau to Nanaimo in said Province ; An Act respecting 1152 British Columbia Railway Lands. See Vancouver Island Railway, &c ". 1083 BrockvUle, Westportand Sault Ste. Marie Railway Co. See Railways, &c. Subsidized, &c. 1125 Broseeau's to Dundee. See Montreal and Champlain Junction Railway Co 1126 Bruce County. See Kincardine 897 Building Societies. See Permanent Building Societies, &c 965 Building Societies and Loan and Saving Companies carrying on business in the Province of Ontario; An Act to further amend the law respecting 1023 Building Societies carrying on busmess in the Province of Ontario ; An Act respecting 937 Building Societies carrying on business in the Province of Ontario ; An Act to amend the law respecting • , 910 Building Societies in Ontario. See also Permanent Building Societies, &c. 846, 881,883, 1106 INDEX. The figures denote the numbers at the bottom of the pages. Pare Building Societies in the Province of Quebec ; An Act to make further provision respecting the constituting and nianagement of. 884 Building' Societies in the Province of Quebec ; An Act to provide for the liquidation of the affairs of. 932 Building Societies. S«« Consolidated Statutes for L. C, 1860 265 Building Societies. /S«e Consolidated Statutes for U. C, 1859 232 Buoys and Shoals. 5e« Trinity House of Quebec, &c 22^ Burlington Bay Canal ; An Act respecting 116» c Canada; Acts of the late Pro\7-inoe of, subs-'quent to the Consolidated Statutes, 1859 299 elseq. A rticles of the Civil Code of Lower Candida 396; Building Societies in U. C. Ssff Permanent Building Societies 391 Channel. See Ship Channel, &c 442 Civil Code of Canada, An Act respecting 393 Civil Code of Lower Canada, Articles of the 396 Code. See Civil Code 393, 396 Commissioner of Public Works. See St. Lawrence River, &c 353 Companies. &e Joint Stock Companies, &c 33.=^ Crown Debtors, To amend the law of U. C. relating to 445 Debtors. See Crown Debtors, &c 445 Division Line between Upper and Lower Canada 310 Drummond ; Connty of. S«« Indian Lands, &c 320 Dundee, Township. See Indian Lands, Tenure, &c 379 Durham, Township of. See Indian Lands, &c 320 Gauging. See Weighing, &c 38S Harbor of Montreal ; An Act further to amend the Act to provide for its manage- ment and improvement, and the deepening of the Ship Channel between Montreal and Quebec 345 Harbor of Montreal, Stevedores and Liners in 389 Harbor of Quebec. See Quebec Harbor, &c 350 Harbors of Quebec and Montreal. See St. Lawrence River, &;c 353 Huntingdoju, County of. See Indian Lands, Tenure, &c 379 Huron Indians of La Jeuoe Lorette, An Act to enable them to regulate the cutting of wood in their reserve.. 381 Indian lands in the Township of Durham, in the Cosnty of Drummond 320 Indian Lands ; Tenure of, in the Township of Dundee, in the County of Hunting- don 379 Indians. See Huron Indians 381 Indians, Title to lands held in trust for 444 Intoxicating liquors. An Act to amend the laws in force respecting its sale and the issue of Licenses therefor, &c 355 Joint Stock Companies, General Clauses Consolidation Act 335 La Jenne Lorette. See Huron Indians « ,381 Law of U. C. Amendment of, relating to Crown debtors 445 Liberty of the subject. An Act for more effectually securing 446 Licenses. 5ee Intoxicating Liquors, &c 355 Lme of division between Upper and Lower Canada 310 Liners. See Stevedores, &c 389 Measuring. See Weighing, &c 383 Montreal and Quebec. See Ship Channel between, &c 442 Montreal Harbor. See Harbor of Montreal, &c 345 Montreal, Harbor ; Stevedores and Liners in 389 Municipal institutions of U. C. An Act respecting 451 Navigation of the St. Lawrence. See St. Lawrence River, &c ' 353 75^ INDEX. The figures denote the numbers at the bottom of the pages. Paqb, Canada; Acts of the late Province of, subsequent to the Con. Stat., 1S59 — Concluded. Permanent Building Societies in Upper Canada ; An Act to make further provision for their management 391 Pilots for and below the Harbor of Quebec 323 Public Lands, Sale and management of. 299 Public Works, Commissioner of. See St. Lawrence River, &c 353 Quebec Harbor, Amendment of the Act to provide for its improvement and management 350 Quebec Tiinity House, Amendment of the Act 12th Vict., Chap. 114 352 Quebec, Trinity House of ; An Act to extend its powers 452 Railway Act ; Amendment of 315 Railway Act ; To explain and amend 332 Sale and management of Public Lands 299 Saleof IntoxicatiT!g Liqujrs 355 Seditious and Unlawful Associations and Oaths ; Amendment of the 10th Chapter of the Cons. Stat. forL. 0. respecting 441 Ship Channel between Montreal and Quebec. See Harbor of Montreal, &c 345 Ship Channel between Montreal and Quebec ; An Act further to provide for the deepening 442 Societies in U. C. /See Permanent Building Societies 391 St. Lawrence River ; An Act to replace the improvements in its navigation between the Harbors of Quebec and Montreal under the control of the Commissioner of Public Works 353 Stevedores and Liners in the Harbor of Montreal ; An Act to regulate the business of. 389 Title to Lands. See Indians, &c ; 444 Toronto Harbor ; Amendment of the Act for the management of 348 Tiinity House, Quebec. See Quebec Trinity House 352 Trinity House, Quebec ; An Act to extend the power of. 453 Unlawful Associations. iSee Seditious and Unlawful Associations, &c 441 Weighing, measuring and gauging of certain articles of general consumption ; An Act respecting 383 Canada ; Acts of the Parliament of 722 et seg. Canada Atlantic Railway Co. (See Railways, &c. Subsidized, &c 1127,1143 Canada Central Railway Company ; An Act to ratify and confirm a certain agreement therein mentioned between the Government of Canada and the... 956 Canada Military Asylum at Quebec ; An Act relating to 998 Canada Southern Railway, from a point near Comber to Lake Erie, at or near the village of Leamington. See Railways, &c. Subsidized, &c 1126 Canadian Ore. See Pig Iron, &c ,.. 1171 Canadian Pacific Railway Act, 1874 ; An Act to amend 919 Canadian Pacific Railway Act, 1874; An Act to further amend 926 Canadian Pacific Railway ; An Act respecting 970 Canadian Pacific Railway; An Act to amend the Act intituled "An Act respect- ing." 1075 Canadian Pacific Railway; An Act to further amend the Acts respecting 1136 Canadian Pacific Railway ; An Act to further amend the Acts respecting it, and to provide for the completion and successful operation thereof 1116 Canadian, Pacific Railway ; An Act to piovide for the allowance of drawback on cer- tain articles manufactured in Canada for use in the construction of. 1001 Canadian Pacific Railway ; An Act to provide for the construction of the 821 Canadian Pacific Railway, from its terminus at St. Martin's Junction, near Montreal, to the Harbor of Quebec. See Subsidies, &c 1098 Canadian Pacific Railway to Quebec ; Further subsidy to '. 1123 Canadian Pacific Railway, Yellow Head Pass ; An Act to autiurize the construction on certain conditions of the P. R. through some pass other than the I'ellow Head Pass 1060 Canal Ocsjaidins; An Act respec.ing the 868 INDEX Tlie figuies denote the numbers at the bottom of the pages. Pack. Cancellation of registration of real rights. (Civil Code, L. C.) 410 Canso, Strait of. See Cape Breton Railway llol Cap Bouge and St. Lawrence Railway Co. See Railways, &c. Subsidized, &c 1143 Cap Tormentlne to Isle-aux-Reaux. Se« Trinity House of Quebec, &c 22 Cape Breton Railway; An Act to authorize the construction of a Rail way from the Strait of Oanso to Louisburg or Sydney as a public work 1151 Cape Chat. See Harbors and Channels, &c 734 Cape Race, Newfoun Hand ; Aq Act respecting the traasfer of th ■ Lighthouse at Cape Race, Newfoundland, and its appurtenances to the Dominion of Canada 1163 Caraquet Railway Co See Subsidies, &c 1004, 1099, 1141 Carleton, C ity of St John, Branch Railroad ; An Act respecting 1154 Carriage of passengers in merchant vessels. (Civil Code, L C.) 434 Cattle exemption in British Columbia 628 Cattle farmed on shares in B. C. &« British Columbia Acts 628 Census. jSee Manitoba ; An Act to provide for the taking, &c 1108 Central Ontario Railway Co. Sse Railways, &c. Subsidized, &c 112G Central Railway from the head of Grand Lake to the I C R., between Sussex and St. John. See Subsidies, &c 1099 Certiorari. See Nova Scotia Acts 485 Chaleurs, Bay of. See Harbors and Channels, &c 734 Charlottetown Ferry. See Prince Edward Island Acts 064,669 Charter-party. (Civil Code, L C.) 42T Chatham, Port of. See Harbors and Channels, &c 734 Cheques. (Civil Code, L. C.) 4)2,421 Cheticamp, Improving the Harbor of. See Harbors and Channels, &c 734 Ctiignecto Marine Transport Railway Company (limited) ; An Act to amend the Act to provide for the granti:!g of a subsidy to ' 1158 Chignecto Marine Transport Railway Company (limited) ; An Act lo provide for the granting of a subsidy to 1061 City of St. John Branch Railroad. See Carleton, City of St. John, Branch, &c 1151 Civil and Criminal Jurisdiction, B.C. See British Columbia agreement with 1089 Civil Code of Lower Canada ; An Act respecting 393 Civil Code of Lower Canada ; Articles of 396 Absence in relation to marriage 400 Absentees 400 Acceptance ofBills of Exchange 413 Affreightment 426 Average and Demurrage 431 Bills of Exchange, General Provisions 420 Bills of Exchange, Notes and Cheques 412 Bills of Exchange, Noting and protesting 414 Bills of Lading 428 Bottomry and Respondentia 437 Cancellation of Registration of Real Rights 410 Carriage of Passengers in Merchant vessels 434 Charter-Party 427 Cheques 412,421 Civil Rights, Enjoyment of 399 Civil Rights, Loss of. 399 Commercial Law -112 Conveyance of Goods in a general ship 428 Corporations ; Rights, privileges and disabilities of. 404 Demurrage, &c.... 431 Freight, Primage, Average and Demurrage 431 Gifts inter vivos and by Will 406 Interest, Commission and Damages on Bills of ExchangL' 419 Legal Hypothec of the Crown 410 INDEX. The figures denote the numberg at the bottom of the pages. Paqh. Civil Code of Lower Canada; Articles of—Ooncludid. Lease and Hire 407 Lessee of Ship, Obligations of 431 Lessor of Ship, Obligations of. 429 Loan upon Interest 408 Marine Insurance 435 Marine Lien upon vessels, &c 423 JUarriage, Absence in relation to 400 Marriage, Actions for annulling 403 Marriage, Dissolution of. 404 Marriage, Oppositions to .' 401 Marriage, Qualities and' conditions necessary for contracting 400 Master of Ship, Obligations of. 429 Masters and Seamen 424 Merchant Shipping 422 Merchant Vessels, Carriage of Passengers in 434 Mortgage and hypothecation of Vessels 423 Negotiation of Bills of Exchange 413 Notes, &c 412,421 Notice of Protest 418 Noting and protesting, Bills of Exchange for non-acceptance 414 Owner of Ship, Obligations of 429 Owners, Masters and Seamen 424 Partnerships, Different kinds of. 408 Passengers, Carriage of in Merchant Vessels 434 Payment of Bills of Exchange 415 Prescription 411 Primage, Average and Demurrage 431 Privilege and Maritime lien upon Vessels and upon their Cargo and Freight 423 Privileges and Hypothecs 408 Promissory Notes 421 Promulgation, distribution, effect, application, interpretation and execution of the Laws in general ••■• 396 Property, Acquisition and exercise of Eights of 405 Property, Ownership, &c 405 Protest for non-payment 417 Registered Vessels, Sale of. 406 Eegistration of Real Rights 410 Registration of Ships 422 Respondentia 437 Sale : 406 Sale of Debts and other Incorporeal things 407 Schedule of words, terms, expressions, &c 397 Seamen, Owners, Masters, &c * 424 Separation from bed and board 404 Transfer of registered vessels 422 Vessels, &c., Privilege and lien upon 423 Civils lights ; Enjoyment of. (Civil Code, L. 0.) 399 Civil rights: Loss of. (Civil Code, L. C.) 399 Coasts and Harbors, P.B.I. See Fisheries, Illicit trade in 643 Cobourg; An Act for the relief of the Town of 11™ Collinrwood, Port of; An Act to extend the Acts 32-33 Vict., Chap. 40, and 33 Vict., Chap. 20, to '^88 Collingwood, Township of, in the County of Grey ; To authorize the Corporation to impose and collect Tolls or Harbor Dues at the mouth of Beaver River and for other purposes '^62 Colonial and Indian Exhibition to be held in London in the year 1886 ; An Act to provide for the fitting representation of Canada at the 1115 INDEX. The figures denote the numbers at the bottom of the pages. PinE. Commercial Law. (CiTil Code, L. 0.) 412 Companies. See Joint Stock Companies, &c 335 Consolidated Statutes ; Acts of the late Province of Canada, subsequent to 299 et aeq. Consolidated Statutes for Lower Canada, 1860 248 et seq. Acts, Publication of, &c 2.54 Arrest and Imprisonment for Debt and the relief of Insolvent Debtors 275 Associations, Unlawful 255 Bail. >ee Habeas Corpus, &c 284 Building Societies 265 Consolidated Statutes, An Act respecting 248 Debtors, Relief of ;See Arrest, &c , 275 Habeai Corpus, Bail, and other provisions of Law for securing the liberty of the Subject 284 Imprisonment for Debt. See Arrest, &c 275 Indians and Indian Lands 259 Insolvent Debtors, Relief of. 275 Liberty of the Subject. See Habeas C rpus &c 284 Limitation in general of Penal Actions 298 Oaths. See Seditious and Unlawful Associations 255 Penal Actions, Limitation of. 298 Preservation of Records. &« Publication, &c , 254 Proclamation, &c. See Publication, A:c 254 Publicaiion of Acts and Proclamation^ and the Preservation of certain Records 254 Relief of Insolvent Debters. See Arrest, &c 275 Records, Preservation of. See Publication, &c 254 Seditious and unlawful Associaiions and Oaths 255 Societies, Building 265 Sundays, Sale of Goods on 263 Time when certain Laws took effect. See Publication, 4:c 254 Unlawful Associations and Oaths 25.j Consblidated Statutes for Upper Canada, 1859 180 etseq Accidents from Machinery 241 Administrators. See Kxecutors, &c 240 Building Societies 232 Companies, Joint Stock, &c 225 Consolidated Statutes, An Act respecting 180 Crown Suits, ^'ee Practiie and Procedure, &c 208 Debtors. See Insolvent Debtors, &c 188,211 Division Courts 207 Dry Docks, &c. &e Joint Stock Companies 225 Jixecutors and Administrators ; Remedies for and against, and respecting the limitation of certain actions 240 Harbors, &c. /See Joint Stock Companies, &c 225 Insolvent Debtors Court 188 Insolvent Debtors, Relief of 211 Interpretation of Words and Terms .' 185 Joint Stock Companies for the construction of Piers, Wharves, Dry Docks and Harbors 225 Letters Patent, Repeal of. 5'ce Practice and Procedure, &c 208 Limitation of certain Actions. See Executors, &c 240 Lord's Day, Profanation of 243 Machinery, Accidents from 241 Mills and Mill-Dams 220 Piers, &c. See Joint Stock Companies 225 Practice and Procedure in suits instituted on behalf of the Crown in matters relating to the Revenue and the repeal of Letters Patent 208 Profanation of the Lord's Day 243 INDEX. The figures denote the numbers at the bottom of the pages. Consolidated Statutes for Upper Canada, 1859 —Concluded, Relief of Insolre t Debtors 211 Remedies for and against Executois and Administrators 240 Revenue, Matters relating to. See Practice and Procedure, &c 208 Rivers and Streams 217 SocietifS, Building 232 Wharves, &c. See Joint Stock Companies 225 Consolidated Statutes of Canada, 1859 88 et seq. Affidavits, &:. See Commissiontiers 177 Agents, &c. See Protection, &c 107 Assignments, &c. Sec Protection, &c 107 Commissioners, Appointment of for the taking of Affidavits, &c 177 Companies, &c. Joint Stock 159' Companies, Insuraoce 17fr Contracts, &c., with Agents. See Prfttection, &c 107 Courts in Upper and Lower Canada, Attendance of Witnesses in. See Commis- sioners , 177 Hops, Inspection of 100 Insurance Companies 176' JointStock Companies, &c 159 Limited Partnerships 108 Partnerships, Limited 108 Protection of persons who receive As3ignmen,is»and enter into Contracts in relation to Goods entrusted to Agents , 107 Provincial Statutes 88 Public Lands, Sale and Manngement of. 95 Railways, An Act respecting 110 Rivers and Streams, Transmission of Timber down. See Joint Stock Comjianies, &c. 159 Transmission of Timber. &e J, int Stock Companies, &c 159 Witnesses, &c. See Commissioners, &c 177 Conveyance of Goods in a General Ship. (Civil Code, L. C ) 428 Corporate Bodies ; An Act relating to, in Prince Edward Island 6M Corporation of the Town of Cobourg. See Cobourg 1170 Corporations ; Dissolution of, and liquidation of their affairs. (Civil Code, L. C ) .... 405 Corporations in New_Brunswick 519 Corporations in New Bruns«ick; Amendment 592 Corporations; Rights, Privileges and i^isabilities of. (Civil Code, L. C.) 404 County Courts, New Brunswick 591 Cow Bay, Nova Scotia ; An Act to authorize the purchase of the Pier or Breakwater, and to provide for its maintenance 842 Cross Point and Cape Chat ; Improving the Harbor between, fee Harbors and Chan- nels, &c..... 734 Crown Debtors ; To amend the law of U. C. relating to (29-30 Vict.) 445 Crown Grants, P.B.I 719' Crown Suits. See Consolidated Statutes for U.C, 1859 208 D. Deceased 'Wife's Sister ; An Act concerning marriage with 1025- Demurrage. (Civil Code, L. C.) 431 Derby Station to Indian Town ; Railway- from, for a branch of the I.C.R 1100' Desjardins Canal, An Act respecting .'. 868 Disputed Terrirory, Dominion and Ontario; An Act respecting the Territory in dispute between the Dominion ot Cajiadaand the Province ot Ontario 1105. Division Courts. See Consolidated Statutes for U. C, 1859 207 Division Line between Upper and Lower Canada. See Canada ; Acts of the late Province of, &o 310 INDEX. & The figures denote the numbers at the bottom of the pages. Page. Divorce ; An Act for establishing a Court of, &c., in P.E 1 691 Divorce and Matrimonial Causes i An Act to amend the Law relating to. See Nova Scoiia Acts 600 Divorce and Matrimonial Causes in N. B. ; An Act to amend the law 668, 57+ Divorce, Marriage and, in N. B. ; Aa Act relating io 58i> Divorce, Marriage, &c , in N. B. See New Brunswick Acts 539^ Divorce, P.E.I. See Prince Edward Island Acts 63S Divorce Process. See Prince Edward Island Acts 710- Docks. SeeDiy Docks 1022, 1114 Drafts. See Duty on Promissory Notes, &c 106S Dra'wback on certain articles manufactured in Canada for use in the construction of the C.P.R 1001 Dry Docks; An Act to amend the Act 45 Vict ,Chap. 17, to encourage the construction of. lU-t Dry Docks ; An Act to encourage their construction by granting assistance on certain conditions to Companies constructing them 1021 DryDocks.&c. See Consolidated Statutes for U. C, 1859 225 Dues and Tolls. See River Moira 94C Dues,&c. Harbor of Montreal 902 to 90S Dundee, Township. See Indian Lands in 76a DunnviUe Dam and Bridge ; An Act respecting Tolls over the Dunnville Dam and Bridge connecting works constructed over the Grand R ver HOT Duty on Promissory Notes, Drafts and BilIs»of Exchange ; An Act to amend the Act passed in the 45th Vict, intituled: An Act to repeal the IOCS E EganvlUe ; A Railway from a point on the C.P.R. to. Sei^ Railways, &c. Subsidized, &c. 1144 Elections of Members, B. C. See British Columbia Acts 620, 621, 626 Erie and Huron Railway Co. See Subsidies, &c. 1098 Erie, Essex and Detroit River Railway Co. See Railways, &c, Subsidized, &c 1141 Esquimalt. See Graving Dock at 841 Esquimalt and Nanaimo Railway. See British Columbia ; Agreement with, &C..1085, 1089, 1094 Esquimalt Graving Dock. See British Columhia ; Agreement with 1083 Esquimalt Giaving Dock. See Vancouver Island Railway, &c If83 Esquimalt, Graving Dock at ; An Act to confirm a certain Order of the Governor in Council respecting « 953 Esquimalt to Nanaimo. See British Columbia Railway 1152 Evidence ; An Act to amend the Law of in Prince Edward Island CCS Evidence in B. C. See British Columbia Acts 600 Executors and Administrators. See Consolidated Statutes for C C, 1859 240 Exhibition. See Colonial and Indian, ic 1115 P. Felony and Misdemeanor, P. E. 1 032 Firewood and Bark; Measurement in N. B 676 Fisheries ; Elicit Trade iii P.E.I 643 Fraudulent Preference. See Relief of Insolvent Debtors 215 Fredericton to the Village of Prince William; A Railway from. See RaiUvay Subsidies. 1144- iYee Masons. See Grand Master, &c 441 Freight, Primage, Average and Demurrage (Civil Code, L.C.) i'il G. Gananoque, Perth and James' Bay Railway Company. See Railways, &c. Subsidized, &c. 1143 Gasp6, The Coast of. See Haibors and Channels, &c 734 10 INDEX. The figures denote the numbers at the bottom of the pages. Pass. Gatineau Railway Company for a linn from Hull Station towards Le Desert, See Railways, &c. Subsidized, Ac 1126 Gatineau Railway Company for a line from Kazaabazua to Le Desert. See Subsidies, &c. 1098 Gatineau Valley Railway Company. See Subsidies, &c 1064 Gifts inter vinos a,D.ihj Will. (Civil Code, L. C.) 406 Grand Master of Grand Lodge of Canada. Words added to "An Act respecting seditious and unlawful Associations and Oaths." Cons. Stat, of L. C 441 Glenannan to Wingham, A Railway from. See Railways, &c. Subsidized, &c 1142 Grand Piles on the River St. Maurice ; A Railway from, to Lake St. John Railway Junction. See Railways, Ac. Subsidized, &c 1126 Grand Piles on the River St. Maurice to Lake Edward ; A Railway from. See Subsidies,&c. 1099 Grand River. See Dunnville Dam and Bridge 1167 Grand Trunk Railway ; An Act for the acquisition by the Dominion of a certain portion of the G.T.R. to be made part of the Intercolonial Railway 912 Grand Trunk Railway ; An Act to confiim the purchase by the Dominion of a portion of the G.T.R. and the agreement made with the G.T R. Company of Canada with respect thereto 942 Grants. See Subsidiesand Grants 1097 Grants by the Crown, P.E.I 719 Gravenhurst to Callander ; A Railway from. ;S«« Subsidies, 4c. 1004,1065 Graving Dock. See Quebec Harbor, Ac 1104 GravingDook, Esquimalt. /See Vancouver Island Railway 1083 Graving Dock at Esquimau ; An Act to authorize the advance of a certain sum to the Province of B.C, for its construction and for other purposes 841 Graving Dock, Esquimalt ; An Act to confirm Order in Council 953 Graving Dock in the Harbor of Quebec ; An Act respecting the same and authorizing the raising of a Loan in respect thereof 863 Graving Dock, Quebec. See Quebec Harbor, Graving Dock, &c 1072 Great American and European Short Line Railway Co. See Subsidies, Ac... l'>64 Great Northern Railway Co. See Subsidies, Ac 1099 Great Seals of the Provinces of Canada, other than Ontario and Quebec; An Act re- specting the 875 Grey, County of. -See OoUingwood, Township, Ac 762 H. Habeas Corpus in N. B. Si-e New Brunswick Acts 527 Habeas Corpus. See Consolidated Statutes for L. C, 1860 284 Halifax, Harbor Master at the port of ; An Act to amend the Acts respecting the appointment of 1135 Halifax, Harbor Master for ..» 789, 796 Halifax, Port of ; An Act to amend the Act 35 Vict., Chapter 42, respecting ihe ap- pointment of a Harbor Master for 1041 Halifax, Port of; To amend the Act to provide for the appointment of a Harbor Master for 796 Halifax, Port of; To provide for the appointment of a Harbor Master for 789 Harbor Commissioners, Montreal ; a Pilotage Authority , 962 Harbor Commissioners, Montreal; collection of Dues authorized _ 1026 Harbor Commissioners, Montreal ; concerning the erection of a gallery or passage over Capital Street. Sen Montreal, Ac 83 Harbor Commissioners, Montreal ; Membership, Ac. See Trinity House, Ac 844 Harbor Commissioners, Montreal ; Rate of interest, Ac, An Act to amend the Act 36 Vict., Chap. 60, respecting 997 Harbor Commissioners, Montreal ; Tolls, Ac, An Act to amend the Acts respecting the Triniiy House and 927 Harbor Commissioners, Montreal, widow of the late Honorable John Young, Annuity to .' 963 INDEX. 11 The figures denote the numbers at the bottom of the pages. Pack. Harbor Commissioners of Montreal. See Trinity House and H. C, •Montreal 80J Harbor Commissioners of Montreal, An Act to remove doubts, &c 870 Harbor Commissioners, Quebec 858 Harbor Commissioners, Quebec ; An Act to remove doubts, &c 872 Harbor Commissioners, Quebec; Tidal Dock, &c 961 Harbor Commissioners, Quebec; To amend 36 Vict., Chap. 62, and 43 Vict., Chap. 17... 1071 Harbor Commissioners, Three Rivers 1132 Harbor Dues. (See Collmgwood, &c 762 Belleville 765 Owen Sound 782 Trenton 783 Harbor Mastei, Halifax 789, 796 See Halifax, Harbor Master at, &c 1135 /See ffiso Halifax, Port of; An Act to amend, &c 1041 Harbor Master, Three Rivers 1073 Harbor of Montreal. See Montreal, &c 67, 78, 83 and 84 Harbor of Montreal, Port Warden ; To consolidate and amend Acts concerning 1029 Harbor of Montreal, Tolls 902 to 908 Harbor of North Sydney, To amend Act 1043 Harbor of Quebec. See Quebec Harbor, &c 27, 350 Harbor of Quebec ; An Act further to amend the Acts to provide for its improvement and management 1040 Harbor of Quebec, Graving Dock 1104 See Graving Dock in the Harbor of Quebec, &c 863 Harbor of Quebec, Improvement 1162 Harbor of Quebec, Pilots for, &c 323 Harbor of Quebec, Tidal Dock in 1103 Harbor of St. John, N.B. ; An Act relating to 1046 Harbor of Three Rivers. See Three Rivers, &c lOoG Harbors — Beaver River Harbor Dues 'i62 Belleville Harbor Dues 765 Collingwood, Port of, fSS Dry Docks 1114 Halifax Harbor Master 7f9, 796, 1041,1135 Harbors and Channels 442, 734, 750 Kincardine, Harbor Tolls 897 Montreal Harbor 67, 78, 83, 345, .M-,3, 389 Montreal Harbor Commissioners 83, 802, 844, 870, 962, 9C3. Wl. 102S Montreal Harbor, Tolls 902 Montreal, Port Wardens ly-l, 1029 Montreal, Trinity House 41, 65, 84, 86, 802, 844, 962, 1026 Montreal Trinity House, Harbor Commissioners, &c 927 North Sydney Harbor, N. S 929, 1043 Oakville Harbor, Sale of 769 Owen Sound, Harbor dues "82 Pictou, N. S 820, 928, 964, 1074 Port Wardens, Montreal 1029 do Montreal and Quebec 794 do Quebec 774 Quebec Harbor 27, 323, 350, 353, 732, 739, 741, 760, 774, 780, 812, 895, 1040, 1134, 1162 Quebec Graving Dock t'es, 1072, 1104 Quebec Harbor Commissioners 858, 872, 961, 1071, 1162 Quebec Port Wardens 79i Quebec Tidal Dock 1103 Quebec Trinity House 1, 22, 24, 25, 26, 27, 352, 452, 736, 772, 791, 858 St. John, N. B 583, 1046 12 INDEX. The figurea denote the numbers at the bottom of the pages. •> Page. Harbors — Concluded. ' St Lawrence River, &c 1134 Three Rivers 1056, 1073, 1132 Toronto Harbor 348 Trenton Harbor Dues 783 Harbors and Channels ; To amend and extend the Act to provide means for improving, at certain ports in the Provinces of the Dominion 750 Harbors and Channels ; To provide means for improving at certain ports ic. the Provinces of the Dominion 734 Hereford to the International Railway in the Township of Eaton, in the Province of Quebec; A Railway from. iSee Railways, &c. Subsidized, &c 1142 Hopewell to Alma, in the Province of N.B. A Railway from. See Subsidies, &c 1099 Hops, Inspection of. See Consolidated Statutes of Canada, 1859 100 House Harbor, Improving. See Harbors and Channels, &c 734 Hudson's Bay Company ; To amend the Act 34 Vict., Chap 3, respecting the Loan for paying a certain sum to '785 Hviron Indians of La Jeune Lorette ; An Act to enable them to regulate the cutting of "Wood in their Reserve (27-28 Vict ) 381 Hypothecation of Vessels (Civil Code, L. C.) 423 Hypothecs (Civil Code, L C.) 409, 410 Imprisonment for debt. See Consolidated Statutes for L.C., 1860 275 Indian Exhibition. See Colonial and Indian, &c 1115 Indian Lands in the Township of Dundee ; An Act to prolong, for a certain time, the term allowed for the redemption of Rents reserved on certain 768 Indian Lands in the Township of Durham, in the County of Drummond 320 Indian Lands ; Tenure of, in the Township of Dundee, in the County of Huntingdon (27-28 Vict.) 379 Indian Town via the Miramichi Valley to its Junction with the Northern and Western Railway at or Near Boiestown ; A Railway from. See Railway Subsidies.. 1127 Indians and Indian Lands. See Consolidated Statutes for L.C., 1860 259 Indians in B.C. See British Columbia Acts 602 Indians, Title to lands held in trust for (29-30 Vict.) 444 Ingersoll mu London to Chatham, Out. See Railways, &c Subsidized, &c .' 1141 Insolvent confined Debtors. See New Brunswick Acts '. 523 Insolvent confined Debtors in N. B. An Act to amend 581 And see New Brunswick .Acts 567 Insolvent Debtors' Court. Se-J Consolidated Statutes for U C, 1859 188 Insolvent Debtors in Nova Scotia. See Vova Scotia A-ts 481 Insolvent Debtors, P. E. I. See Prince Edward Island Acts 649 Insolvent Debtors ; Relief of, in P. E. [. See Prince Edward Island Acts 688 Insolvent Debtors ; Relief of. See Consolidated Statutes of Canada, 1859 211 Insurance Companies. See Consolidated Statutes of Canada, 1859 176 Insurance, Marine (Civil Code, L. C.) 435 Intsrcolonial Railway. See Grand Trunk Railway ; An Aci for the acquisition by the Dominion of a certain portion of the G. T. R., to be made part of the I. C. R '■ 912 Intercolonial Railway, An Act respecting .' 853 do do 867 Intercolonial Railway, An Act respecting its construction 722 Intercolonial Railway, An Act respecting the extension of the I. C. R. from a point at ■ r near Stellarton to the Town of Pictou 1150 Intercolonial Railway, An Act to amend an Act intituled "An Act respecting the I. C. li.," passed in 39 Vict .' 911 INDEX. 13 The figures denote the numbers at the bottom of the pages. Pagb Intercolonial Railway, An Act to amend the Ajt respecting its construction 793 do do do 835 Intercolonial Railway, An Act to authorize the transfer of the Truro and Pictou Branch to the person or Company constructing a line of Railway from Xew Glasgow to the Strait of Canso and providing a proper ferry across the Strait 878 Intercolonial Railway and Piince Edward Island Railway, &c. See Branch Lines, &c. 1006 Intercolonial Railway at RiviJre du Loup or Riviere Quelle, in the Province of Quebec, to Edmundston, in the Province of New Brunswicli ; Further subsidy to Railway from 1122 Intercolonial Railway at Riviere du Loup or Riviere Onelle to Edmundston ; Subsidy to Railway from 1004 Intercolonial Railway; Vfindsor Branch of lOOi Interest, Commission and Damages on Bills of Exchange. (Civil Code, L. C.) 419 International Railway Company. See Subsidies, &c 1064 Intoxicating Liquors, An Act respecting tbe traffic in 909 Intoxicating Liquors, An Act to amend the Laws in force respecting its sale and the issue of Licenses therefor; (27-23 Vict.) 355 Intoxicating Liquors, B. C. See British Columbia Acts 602 Investment and Loan Societies in B. C. See British Columbia Acts , 607, 623 Iron Ore. See Pig Iron, &c 1062, 1171 Irondale, Bancroft and Ottawa Railway Comjauy. See Subsidies, &c 1098 Isle-aux-Beaux ; Cap Tormentine to. See Quebec, &c 22 Jacques Cartier Union Railway Junction with the C. P. R. and St. Martin's Junction; A line of railway and bridge connecting tbe J. C. U. Ry. with the Xorth Shore Railway pi oper. See Subsides, &c 1099 Joggins Railway. See McCann Station, &c 1142 Joint Stoclc Companies. 5ee Consolidated Statutes of Canada, 1859 159 Joint Stock Companies. 5ee Consolidated Statutes, U. C, 1859 225 Joint Stock Companies. See Nova Scotia Acts 494 Joint Stock Companies. See Rivers and Streams 952 Joint Stock Companies, kc, for tbe transmission of Timber down Rivers and Streams. 823 Joint Stock Companies for Piers, &c 225 Joint Stock Companies General Clauses Consolidation Act (24 Vict.) 335 Joint Stock Companies in B. C. See British Columbia Acts 598 K. Keewatin Census. See Manitoba, An Act to provide for the taking 1108 Kincardine ; An Act to authorize the Town of, in the County of Bruce, to impose and collect certain Tolls at the Harbor in the said Town 897 Kincardine Harbor Tolls 897 to 901 Kingston and Pembroke Railway Co. See Subsidies, &c 1099 L. Land Grants. See Militia Force, Jforth-West, &c 1130 Land Grants, .Militia Force, North- West. See Militia Force, North- West 1165 Land, Subsidies in. See Subsidies, Land, &c 1123, 114S L'Assomption to I'Epiphanie ; A Railway from. S e Railways, &c. Subsidized, .fcc 1142 Legal Hypothec of the Crown. (Civil Code, L. C.) 410 Lease and Hire. (Civil Code, L. C ) - 407 Lessee of Ship, Obligations of. (Civil Code, L. C.) 431 Lessor of Ship, Obligations of. (Civil Code, L. C.) 42Q 1^ INDEX. The figures denote the numbers at the bottom of the pages. Paok. Liberty of the Subject ; An Act for more effectually securing. (29-30 yict.) 446 Liberty of the Subject in N. B. See New Brunswick Acts 561 Liberty of the Subject in Nora Scotia. See Nova Scotia Acts , 486 Liberty of the Subject, Prince Edward Island 676 Lighthouse at Cape Race. See Cape Race, Newfoundland 1163 Limitation of Penal .Actions. Ses Consolidated Statutes for L. C, 1860 298 Limitation of Personal Actions in N. B. See'Sew Brunswick Acts 52& Limited Partnerships, P. E. 1 683 Lines of Railway ; Subsidies and Grants for, 1064, 1097, 1125, 1128, 1141, 1148 Liquidation of the affairs of Building Societies in the Province of Quebec 932 Liquors. See Intoxicating Liquors 909 Liverpool; Improving the Harbor of. See Harbors and Channels, &c 734 Loan and Saving Companies in Ontario. See Building Societies, &c 1023 Loan Companies. /See Permanent Building Societies, &c 965 Long Sault to the foot of Lake Temiscamingue. /See Railways, &c. Subsidized, &c. 1126,1143,1144 Loan and Savings Companies in Ontario. See Permanent Building Societies. &c 1106 Loan upon Interest (Civil Code, L.C.) 408 Loan Societies, &c., in B.C. See British Columbia; Acts 607, 623 Logs, Timber, Pine, Cedar and Railway Ties ; Dues and Tolls upon. See River Moira. 940 Lord's Day ; An Act to amend an Act for the due observance of, in P.E.I 709 Lord's Day, P.B.L ,See Prince Edward Island Acts 633 Lord's Day, Profanation. See Consolidated Statutes for U.C , 1859 243 Louisburg. See Cape Breton Railway 1151 Lumber; Exportation of, in N.B. See New Brunswick Acts 509 Lumber; Survey and Exportation of, in N.B ;. 575 M. Mabou, Improving the Harbor of. See Harbors and Channels, &c 734 Machinery, Accidents from. See Consolidated Statutes for U.C., 1859 241 Magdalen Islands ; Improving the Harbors of. See Harbors and Channels, &c 734 Manitoba ; An Act to provide for the taking of a Census in the ^'rovince of Manitoba, the North West Territories and the District of Keewatin 1108 Manitoba and North-Western Railway Company. Si e Railway Land Subsidies.... 1146, 1128 Manitoba and South-Western Colonization Railway Company See Railway Land Subsidies ll28 Manitoba ; To amend and continue the Act 32-33 Vict., Chap. 3, to establish and provide for the Government of 744 Margaree ; Improving the Harbor of. See Harbors and Channels, &c 734 Marine Insurance. (Civil Code, L. C.) 435 Maritime Lieu upon Vessels, &c. (Civil Code, L C.) 423 Marriage; Actions for annulling. (Civil Code, L. C.) 403 Marriage and Divorce Court, N.S. See Nova Scotia Acts 478 Marriage; Dissolution of. (Civil Code, L. C.) 404 Marriage in B.C. See British Columbia Acts 604 Marriage; Oppositions to. (Civil Code, L. C.) 401 Marriage ; Qualities and conditions necessary for contracting. (Civil Code, L. C. )... 400 Marriage with Deceased Wife's Sister ; An Act concerning 1025 Master of Ship ; Obligations of . (Civil Code L. C ) 429 Masters and Seamen. (Civil Code, L. C.) 424 McCann Station on the I.O.R. ; A Railway from a point at or near, to the Joggins on Cumberland Basin, in the Province of N.S. See Railways, &c Subsidized, &c. 1142 McGee, the late Honorable Thomas D' Arcy McGee ; To enable Her Majesty to provide for the Widow and Children of 729 Metapediac eastward towards Paspebiac, in the Province of Quebec ; Railway from, for a branch of the I. C. R. S-e Subsidies, &c 1100 Metapediac to Paspebiac, Railway ; An Act respecting certain Subsidies for a Railway from Metapediac, on the Intercolonial Railway, to Paspebiac , 1156 INDEX. 15 The figures denote the numbers at the bottom of the pages. Pacse. Merchant Shipping. (Civil Code, L. C.) 422 Merchant Vessels ; Carriage of Passengers in. (Civil Code, L. C.) 434 Military Asylum. See Canada Military Asylum, Quebec 998 Militia Force, North- West; An Act to authorize Grants of Land to Members of the Militia Force lately on active service in the North-West 1130 Militia Force, North-West ; An Act 1o make further provision respecting Grants of Land to Men bers of the Militia Force on active service in the North- West... 1165 Mills and Mill-Dams. See Consolidated Statutes for U. C, 1859 220 Misdemeanor. See Felony and Misdemeaaor 682 Moira. See River Moira, &c I 940 Moncton to Buctouehe, in the Province of N. B. 5ee Railways, &c. Subsidized, &c 1141 Montreal and Champlain Junction Railway Co. See Railways, &c. Subsidized, &c... 1126 Montreal and Ottawa ; A Railway between. jSee Subsidies, &c 109T Montreal and Quebec. See St. Lawrence River 800 Montreal and Quebec, &c. /See St. Lawrence between Montreal and Quebec 78T Montreal and Quebec ; Improvement of the St. Lawrence between 1028 Montreal and Quebec ; Port Wardens at ; An Act to amend the Acts relating to 794 Montreal and Quebec ; Ship Channel between 1070 Montreal and Sorel Railway. (See Railways, &c. Subsidized, &c 1125 Montreal and Western Railway Company. See Subsidies, Ac 1065, 1098, 1142 Montreal Harbor ; An Act further to amend the Act to provide for its management and improvement and the deepening of the Ship Channel between Montreal and Quebec. (24 Vict.) 345 Montreal Harbor ; An Act to amend and consolidate the Acts relating to the Port Warden for 102» Montreal Harbor ; An Act respecting Tolls in 902 Montreal Harbor Commissioners ; An Act to amend the Act 36 Vict., Chap. 60, re- specting 997 Montreal Harbor and Harbor Commissioners ; To correct an error in an Act relative to. 83 Montreal Harbor Commissioners ; An Act to remove doubts under the Acts therein mentioned respecting, and to amend the same 870 Montreal Harbor Commissioners ; Annuity to widow of the late Honorable John Young. 963 Montreal Harbor Dues 902 to 90S Montreal Harbor ; To amend the Act to provide for its management, improvement, &c. 78 Montreal Harbor ; To provide for its management and improvement and the deepening of the Ship Channel between the said Harbor and the Port of Quebec and to repeal the Act in force for the said purposes 67 Montreal Trinity House and Harbor Commissioners 802 do do . do 844 Montreal Trinity House and Harbor Commissioners ; An Act to amend the Acts respecting 927 do do do do 962 Montreal Trinity House and Harbor Commissioners ; An Act to further amend the Act respecting 1026 Montreal Trinity House ; To amend, &c 65 Montreal Trinity House ; To amend an ' ' Act to repeal a certain Act and Ordinance, and to amend and consolidate, &c," and to make further provisions con- cerning Pilots 84 Montreal Trinity House ; To confer additional powers on 86 Montreal Trinity House ; To repeal a certain Act and Ordinance and to amend and ^ consolidate the provisions thereof 41 Montreal with the Harbors of St. John and Halifax by the shortest route ; A Railway to connect. See Subsidies, &c 1097 Moose, Protection of, in N. B 587 Mortgage and Hypothecation of Vessels. (Civil Code, L. C.) 423 Municipalities. Se- Nova Scotia Acts 479 Municipal Institutions ofU. C. ; An Act respecting (29-30 Vict.) 451 16 , INDEX. The figures denote the numbers at the bottom of the pages. N. ^anaimo. See British Columbia Railway i 1152 ^apanee, Tamworth and Quebec Railway Company. SeeSubsidies, &c.. 1065, lOfS, 1126, 1144 Naval Property. Se« Nova Scotia Acts 458 :Negotiationof Bills of Exchinge. (Civil Code, L. C.) 413 New Brunswick ; Acts of. 506 et aeq. Actions, Limitations of Personal 529 Acts of Assembly, ic. See Consolidate and amend, &c 541 Acts subsequent to the Revised Statutes 557 Addition to andaraendmentof certain Chapters of Titles Eight and Ten and of Titles Thirty, Thirty-one a.ni Thirty-fotir ot the Revised Statatea 558 Adultery. A'cs Marriage and Divorce, &c ' 539 Amendment of Chapters of Titles, &c. &e Addition to and amendment, &c 558 Amendment of the Law. See Consolidate and amend, &c 541 \ Amendment of the Law, An Act in further 560 Banking 521 do See Chapter 120, Title 31, &c 564 Bark, Measurement of, &c 508 do do /See Chapter 93, Title 17, &c 576 Benefit Building Societies, An Act for the Regulation of 542 Benefit Building Societies, An Act for the regulation of ; An Act to revive and continue an Act intituled 589 Bills, Notes and C hoses in Action 5Ig Bills, Notes and Choses in Action, An Act fo amend Chap. 116, Title 30, R. S. Also Act 12 Vict., Chap 39, relating thereto 593 Building Societies. iSec Benefit Building Societies, &c 542, 589 Chapter 93, Title 17, R. S. " Of the iluasurement of firewood and Bark." An Act in addition to 676 Chapter 96, R.S. " Of the Survey and Exportation of Lumber." An Act to amend.. 575 Chapter 120, Title 31 ot the Revised Statutes " 0/ Banking." An Act to eiplain 564 Chapter 124, Title 34, R.S " Of Insolvent Confined Debtors " Au Act to amend... 581 Chapter 138, Title 37 of the Revised Statutes " Of Summary Conoictions" so far as the same may apply to the Parish of Portland 565 Choses in Action. See Bills, Notes, &c 593 Cboscs in Action, &c 518 Consolidate and amend various Acts of Assembly relating to the further amendment of the Law; An Act to 541 Constables. jSee Warrants by Justices, &c 582 Corporations T 51'.) Corporations, An Act relating to 577 Corporations, An Act relating to ; An Act in amendment of 25 Vict., Chap. 28, intituled 502 County Courts, An Act to establish 591 Damaged Goods „ 622 Debtors. iSee Chapter 124, Title 34, &c 51jl do See Insolvent Confined Debtors 523 do &c Insolvent Confined Debtors, &c 567 Decency, Offences against 531 Deputy Harbor Master. Ste Haiborof St. John 566 Divorce. (Se« Marriage aud Divorce, &c 539 Divorce. See Marriage, &c 586 Divorce and Matrimonial Causes, An Act to amend the Law relating to 568 do do do do 574 Election of Town or Parish Officers 557 Explanations. Si" Teims, &c 532 Exportation of Lumber 509 Exportation of Lumber. (Sec also Chap. 96, R. S., &c 575 INDEX. 17 The figures denote the numbers at the bottona of the pages. Page. New Brunswick, Acts of— Continued. Firewood and Bark, Measurement 508 Firewood and Bark, Measurement of. See a.\so Chap. 93, Title 17, &c 576 Fornication. /See Marriage and Divorce, &e 539 General Provisions. See Terms, &c 532 Babeas Corpus 527 Harbor Master, fi'ee Harbor of St. John, &c 566 Harbor of St. John, An Act to provide for the appointment of a Deputy Harbor Master for the Port and ;... 566 Harbor of the City of St. John, An Act relating to 583 Incest. See Marriage and Divorce, &c ;.... 539 Insolvent Confined Debtors , 523 Insolvent Confined Debtors. See Chap. 124, Title 34, Ac 581 Insolvent Confined Debtors, An Act to amend the Law relating to 567 Jurors, An Act relating to 559 Justices of the Peace. &« Warrants by Justices, &c 582 Liberty of the Subject, An Act for better secunng 561 Lime, Regulation of sales of. 507 Limitation of Personal Actions 529 Lumber, Exportation, Ac, of 509 Lumber, Survey and Exportation of. See Chap. 96, R. S., &c 575 Marriage and Divorce, An Act for regulating and for preventing and punishing Incest, Adultery and Fornication , 539 Marriage and Divorce, An Act relating to 586 Matrimonial Causes. See Divorce, &c 568 and 574 Measurement of Bark and Firewood 508 do do do /See also Chapter 93, Title 17, &c 576 Moose, Protection of ; An Act for 587 Morals. /See Offences Against Public Morals and Decency 531 Notes. See Bills, Notes, &c 593 Notes and Choses in Action, &c 518 Offences Against Public Morals and Decency 531 Offences Against Religion 530 Officers. See Town or Parish OfBcers 557 Parish of Portland. See Chapter 138, Title 37, &c 565 Parish Ofl[icer3. See Town or Parish Officers". 557 Police Officers. See Warrants by Justices, &c 582 Portland; Parish of . 5e« Chapter 138, Title 37, &c 565 Promulgation and Repeal of Statutes 537 Protection of Moose 587 Public Acts, Prior to the Revised Statutes 539 et seq Public Morals, Offences Against 531 Regulation of Benefit Building Societies 542 Regulation of Sales of Lime 507 Regulations, &c 506 Religion, Offences Against 530 Repeal of Statutes, Promulgation and 537 Revised Statutes 506 et seq. Rules and Regulations "06 Sales of Lime, Regulation 507 Societies. See Benefit Building Societies - 542 St. John. See Harbor of St. John, &c 566 St. John, Harbor of 683 Statutes, Promulgation and Repeal of 537 Summary Convictions. See Chapter 138, Title 37, &c 565 Survey and Exportation of Lumber 509 do do See also Chap. 96, R. S, &c 575 ■?6 18 INDEX. The figures denote the numbers at the bottom of the pages. Faqi. New Brunswick, Acts of- Concluded. Terms, Explanations and General Provisions 532 Titles, Chapters of. See Additions to and Amendments, &c 558 Town or Parish Officers ; An Act to authorize the Election of 557 Warrants by Justices of the Peace ; An Act relating to the issuing of, and in aid of Police Officers and Constables in the execution of their duties 582 New Brunswick and Prince Edward Island Railway Company. See Railway Subsi- dies 1125 New^ Glasgow or St. Lin to or near Montcalm, in the Province of Quebec ; A Railway from. (See Railways, &c. Subsidized, &c 1142 New Glasgow, Railway from to the Strait of Canso. See Intercolonial, An Act to authorize the transfer of, &c 8T6 Newcastle or lia Dougl^stown ; A Railway from a point on the I.G.R. near, to a point on the River Miramichi opposite the Town of Chatham. See Railway Subsidies 1141 Nortb Channel of the River St. Lawrence. &e Quebec, &c 22 North Shore Railway. See Subsidies, &c 1101 North Sydney Harbor in Nova Scotia , An Act respecting 929 North Sydney in Nova Scotia ; An Act to amend the Act respecting the Harbor of. 1043 Northern and Western Eailway Co. See Railways, &c. Subsidized, &C...1065, 1098, 1125, 1141 Northern Railway Company of Canada ; An Act respecting the claim of the Dominion on 879 Northern Railway Company of Canada ; Respecting the Lien of the Dominion on 856 Northern Railway Company of Canada ; To amend the Act 38 Vict., Chap. 23, respecting the 866 North-West. See Militia Force, N. W. An Act to authorize grants of Lands, &c 1130 North- West Militia Force. See Militia Force, North- West, &e 1165 North- West Territories. S.-e Manitoba ; An Act to provide for the taking of a Census, 4;c 1108 North- Western Coal and Navigation Co. (Limiied) See Railways, &c. Subsidized, &c. 1128 Notes. (Civil Code, L. C) 412 Notice of Protest (Civil Code, L. C.) 418 Noting and Protesting Bills of Exchange for non-acceptance (Civil Code, L. C.) 414 Nova Scotia; Acts of 454 et aeq. Act Prior to Revised Statutes, Third Series, Chap. 2, of the Acts of 1862. " For the Incorporation and Winding up of Joint Stocls Companies" „ 494 Acts subsequent to the Revised Statutes, Third Series 499 et teq. Animals. See Birds and Animals ; Preservation of 505 Bills of Exchange and Promissory Notes 463 Birds and Animals, Of the Preservation of useful. An Act to amend Chap. 92, ■ Revised Statutes, 3rd Series 695 Certiorari, Of the Writ of 485 Chester. See Town Plot of Chester ., 503 Construction of Statutes, &c , „ 454 Corporations, General Provisions respecting 472 Costs and Fees 490 Crown Lands. See Town Plot of Chester 503 See Town of Lunenburg 604 Debtors. See Insolvent Debtors 481 Divorce. See Marriage, &c 478 Divorce and Matrimonial causes. An Act to amend the Law relating to 500 Documents. See Witnesses, &c 480 Electric Telegraph for Military Purposes 461 Evidence. See Witnesses, &c 480 Pees. See Costs and Pees 490 Fuel, &c.. Regulation and Inspection of 464 Incorporation. See Joint Stock Companies 494 INDEX. la The figures denote the numbers at the bottom of the pages. Pagk. Nova Scotia, Acts of— Concluded. Insolvent Debtors, Relief of 481 Inspection of Provisions, &c 464 Joint Stock Companies, Incorporation and winding up of ^ 49t Liberty of the Subject 486 Limitation of Actions ; An Act to amend Chapter 154 of the R. S., 3rd Series 499 Lumber, &c., Regulation and inspection of 464 Lunenburg. See Town of Lunenburg 604 Marriage and Divorce, Court of 478 Matrimonial causes, Divorce and 500 Merchandise, Regulation and inspection of 464 Military purposes, Electric Telegraph for 461 Municipalities, Of 479 Naval Property 458 •Offences against Public Morals 493 Offences against Religion 492 Preservation of Useful Birds and Animals. See Birds, &c 505 Promissory Notes, &c 463 Promulgation and Construction of Statutes 454 Proof of written Documents. See Witnesses, &c 480 Provisions, &c.. Regulation and inspection of. 464 Public Morals, Offences against 493 Regulation and inspection of Provisions, Lumber, Fuel and other Merchandize 464 Relief of Insolvent Debtors 481 Religion, Offences against 492 Revised Statutes, Third series 454 etteq. Statutes, Promnlgation and Construction of 454 Statutes, Revised, Third Series i5i et aeq Third Series, Revised Statutes 454 et teq Town of Lunenburg, An Act to vest in the Crown certain Public Lands in 504 Town Plot of Chester, An Act to revest in the Crown certain Public Grounds in... 503 Winding up Joint Stock Companies 494 Witnesses and Evidence and the Proof of Written Documents 430 Written Documents. See Witnesses, &c 480 Nova iScotia; Act of, prior to the Revised Statutes (3rd Series) 494 Nova Scotia; Acts of, subsequent to the Revised Statutes (3rd Series) 499ttseq. Nova Scotia ; An Act for giving effect to an agreement therein mentioned between the Government of the Dominion and that of N. S 1082 Nova Scotia Railway, Windsor Branch. 5«e Western Counties, &c 837 Nova Scotia ; To remove certain restrictions with respect to the issue of Bank Notes in.. 749 o. Oakville Harbor ; To authorize the sale of 769 Obligations of Owner or Lessor and of the Master. (Civil Code, L. C.) 429 Ontario. See Disputed Territory, &c 1105 Ontario and Pacific Railway Co. See Subsidies, &c 1099 Ontario; Building Societies in 937 Ontario; Permanent Building Societies carrying on business in the Province, &c 846 Ordnance Property, &c., P.E.I 639 and 672 •Ottawa Eiver ; Respecting certain Works on 752 Otta-wa, Waddington and New York Railway and Bridge Co. See Railway Subsidies... 1125 Owen Sound; To extend the provisions of the Act authorizing the Imposition and Collection of Harbor Dues by the Corporation of 782 O-wmer of Ship ; Obligations of. (Civil Codei L. C.) 429 Owners, Masters and Seamen. (Civil Code, L. C.) 424 Oxford Station, on the Intercolonial Railway, to Sydney or Louisburg ; A Railway from. See Subsidies, &c 1097 Oxford to New Glasgow, Subsidy to a Railroad from 1004 •761 20 INDEX. The figures denote the numbers at the bottom of the pages. P. Page. Parliament of Canada; Acts of. 722 et seq. Parry Sound Colonization Railway Co. See Railways, &o. Subsidized, &g 1142 Parlnershipa. See Consolidated Statutes of Canada, 1859 108 Partnership; Different kinds of. (Civil Code, L. C.) 408 Partnership in B.C. See British Columbia Acts 606 Paspebiac; Railway to. &e Metapediac to Paspebiae 1156 Passengers; Carriage of, in Merchant Vessels (Civil Code, L. C.) 434 Payment of Bills of Exchange (Civil Code, L C.) 415 Perth Centre Station on the N. B. Railway to a point near Plaister Rock Island ; A Railway from. See Railways, &c. Subsidized, &;c 1144 Permanent Building Societies and Loan and Savings Companies carrying on business in Ontario ; An Act to amend 40 Vict, Chap. 49, and 45 Vict , Chap 24, being Acts relating to 1106 Permanent Building Societies and Loan Companies ; An Act for the relief of. 965 Permanent Building Societies carrying on business in the Province of Ontario; Au Act to amend the Act to make further provision for their management 883 Permanent Building Sooiities carrying on business in the Province of Ontario ; An Act to make further provision for their management 846- Permanent Building Societies in Ontario ; An Act to amend the Act 37 Vict., Chap 50, respecting 881 Permanent Building Societies inU.C; To make further provisions for their manage- ment (29 Vict.) 391 Petitcodiao to Havelock Corner in the Province of New Brunswick ; A Railway from the Intercolonial Railway at. &e Subsidies, &c 1065 Pictou ; An Act respecting the Harbor of 1074 Pictou Branch, &c , of the I.C.R. See Intercolonial ; An Act to authorize the transfer of, &c 876 Pictou Harbor, Nova Scotia; An Act respecting 820 Pictou Harbor, Nova Scotia. ; An Act to amend the Act respecting 928 Pictou Harbor, Nova Scotia. ; An Act to further amend an Act respecting 964 do do do 1074 Pictou Railway. See " Truro and Pictou Railway Transfer Act, 1877." An Act to amend 914 Pictou, Town of. See Intercolonial Railway. 1150 Pier or Breakwater at Cow Bay, N.S 842 Piers, Wharves, &c. See Consolidated Statutes for 0. C, 1859 225 Pig Iron ; An Act to encourage its manufacture in Canada from Canadian Ore 1062 Pig Iron manufactured in Canada from Canadian Ore ; An Act respecting the Bounty on. 1171 Pilotage Act, 1873. See Quebec Harbor and the " Pilotage Act, 1873 " 895 Pilots; Corporation of, for and below the Harbor of Quebec. See Quebec Harbor, &c... 739 Pilots for and below the Harbor of Quebec; An Act to incorporate 323 Pilots, Montreal. See Montreal, &c 84 Pilots; Salaries of Superintendent of. See Quebec, &c 24 Police Force in the Parish of Portland. See Portland, Parish of, &c 754 Pontiac Pacific Junction Railway. See Subsidies, &c 1098 Port Hood; Improving the Harbor of. See Harbors and Channels, &c- 734 Port Warden, Montreal ; To consolidate and amend the Acts relating to 1029 Port Warden at Montreal and Quebec ; Amendment of Acts relating to 794 Port Warden, Quebec Harbor ; An Act to provide for the appointment of 774 Portland, Parish of, in the City and County of St. John ; To continue and make permanent certain Acts and parts of Acts of the Province of New Brunswick relative to the police force of 754 Powers andB3t£t!Sin Priuce Edward Island : Transference of. See Prince Edward Island Acts 672 Prescription. (Civil Code, L. C.) 411 Preservation of Records. See CousoI'dated Statutes for L. C., 1860 254 INDEX. 21 The figures denote the numbers at the bottom of the pages. Paok. Primage, Average and Demurrage ; (Civil Code, L. C ) 4iU Prince Edward Island, Acts of 633 et seq. Absent parties. Partnerships, Limited, &c 683 Powers and Estates, Transferring, &c 6T2 Principal officers of the Ordnance. See Transferring, &c 672 Property, &c. &e Vesting, &c 639 Property, &c., Naval Service. jSee Vesting, &c 684 Relief of Insolvent Debtors 649, 688 Revised Statutes, 20 George III. (3rd Session) 633 Service of process on absent parties. &« Divorce Process, &c VIO Steam communication between Charlottetown and certain parts of the Hillsborough and Elliot Rivers, and to repeal a certain Act therein mentioned, An Act relating to 689^ Steam communication between Charlottetown and Mount Stewart Bridge, on the Hillsborough River, An Act to encourage 7lT Societies. jS«e Benefit Building Societies, &c 692 Steamboat for Georgetown Ferry fl4 do do 721 Telegraphic communication, An Act to fuable the Government to secure 711 Transferring to one of H. M.'s principal Secretaries of State the powers and estates vested in the principal officers of the Ordnance, An Act for 672 Vesting all estates and property in the Island belonging to or occupied for Ordnance service in the principal officers of His Majesty's Ordnance and for granting certain powers to the said principal officers, An Act for 639- Vesting all estates and property occupied by or for the Naval service of the United Kingdom of Great Britain and Ireland in the Lord High Admiral or Commissioner for executing the office of the Lord High Admiral of the said United Kingdom for the time being, An Act for 684 Wharves. See t' harlottetown Ferry, &c 684, 669- Prince Edward Island ; Acts of. Subsequent to the Revised Statutes thereof. 710 et seq. Prince Edward Island Railway, &c. See Branch Lines, &c 1006 Privilege and maritime lien upon vessels and upon their cargo and freight. (Civil Code, L. C.) 423 Privileges and Hypothecs. (Civil Code, L. C.) 408 Promissory Notes. /Sas Duty on, &c 1063" Promissory Notes. (Civil Code, L. 0.) 421 Promulgation and Repeal of Statutes, New Brunswick 537 Promtilgation, Distribution, Effect, Application, Interpretation and Execution of the Laws in general. (Civil Code, L.C.) 396- Property; Acquisition and Exercise of Rights of. (Civil Code, L. C.) 405 Property; Ownership, &c. (Civil Code, L.C) 405 Protest for Non-payment. (Civil Code, L. C.) 417 Public Acts Prior to the Revised Statutes, New Brunswick 539 et seg Public Lands ; Sale and management of. See Canada; Acts of the late Province of, &c 299 Public Lands ; Sale and management of. See Consolidated Statutes of Canada, 1859 95 Public Morals and Decency ; Offences against in N. B. See New Brunswick Acts.... 531 Public Morals ; Offences against, fee Nova Scotia Acts 493 Public Works, Commissioner. See St. Lawrence River, &c 353 Q. Qu'Appeile, Long Lake and Saskatchewan Railroad and Steamboat Company. See Railway Land Subsidies 1128 Quebec; Building Societies in 932' Quebec and Lake St John Railway Co. See Railways, &c. Subsidized, &c. 1065, 1125, 1143^ INDEX. 2a The figures denote the numbers at the bottom of the pages. Pare. Quebec and Montreal ; A Railway between. .Sf Subsidies, &c 1097 Quebec Central Railway. See Subsidies, &c 1098 Quebec; Graving Dock in the Harbor of. See Graving Dock in the Harbor of ■ Quebec, &c 86.? Quebec Harbor. ;See St. Lawrence River, in and near the Harbor of Quebec 1134 Quebec Harbor ; Amendment of the Act to provide for its improvement and manage- ment. (25 Vict.) 350 Quebec Harbor ; An Act further to amend the Acts respecting the improvement and management ol. 160 Quebec Harbor ; An Act further to amend the Acts to provide for its improvement and management 1040 Quebec Harbor; An Act respecting the improvement of 1162 Quebec Harbor and the " Pilotage Act, 1873"; An Act further to amend the Act to provide for the management of. 895 Quebec Harbor Commissioners ; An Act to amend the Act 36 Vict., Chap. 62, and the Act 43 Vict., Chap. 17, respecting the Iu71 Quebec Harbor Commisrioners ; An Act to authorize the raising of a further sum to enable them to complete their Tidal Dock 961 Quebec Harbor Commissioners ; An Act to remove doubts under the Acts therein men- tioned respecting the Corporation of the 872 Quebec Harbor, Graving Dock in ; An Act to.amend the Act38 Vict., Chap. 56, intituled An Act respecting — and authorizing the raising of a loan in respect thereof. 1072 Quebec Harbor, Graving Dock in ; An Act to authorize the advance of a further sum for completing 1104 Quebec Harbor; Pilots for and below 333 Quebec Harbor, Tidal Dock in ; An Act to make further provision towards its comple- tion 11«3 Quebec Harbor; To amend " An Act to provide for the improvement and management of the Harbor of Quebec" and the Act amending the same 732 Quebec Harbor ; To amend the Act respecting the improvement and management of... 741 Quebec Harbor ; To amend the Act 23 Vict., Chapter 123, being an Act incorporating the Corporation of Pilots for and below the Harbor of Quebec 739 Quebec Harbor ; To further amend the Acts respecting its improvement and manage- ment - ^^80 Quebec Harbor ; To further amend the Act to provide for its management and improve- ment i 812 Quebec Harbor; To provide for the appointment of a Port Warden for 774 Quebec Harbor; To provide for the improvement and management of. 27 Quebec; Improvement of the River St. Lawrence between Montreal and 1028 Quebec; Military Asylum. S e Canada Military Asylum, Quebec 998 Quebec; Pilots for and below the Harbor of 323 Quebec; Port Warden. /See Montreal and Quebec, Port Wardens at, &c 794 Quebec Trinity House. See Trinity House, Quebec 791 Quebec Trinity House; Amendmendment of the Act 12 Vict., Chap. 114 (26 Viet.) 352 Quebec Trinity House and Harbor Commissioners ; An Act respecting 858 Quebec Trinity House; An Act to extend the powers of (29-30 Vict.) 452 Quebec Trinity House obliged to lay down Buoys and mark the Shoals in the North Channel of the River St. Lawrence and to facilitate the traverse from Cap Tormentine to Isle-aux-Reaux ,• 22 Quebec Trinity House ; Respecting certain Officers of 772 Quebec Trinity House ; To amend the Act of the lat6 Province of Canada, r2th Vict , Chap. 114, to consolidate the Laws relative to the powers and duties of the Trinity House of Quebec, and for other purposes 736 Quebec Trinity House ; To amend the Act to consolidate the Laws relative to, &c , (20 Vict.) 25 Quebec Trinity House ; To consolidate the Laws relative to the Powers and Duties of (12 Vict.) 1 24 INDEX. The figures denote the numbers at the bottom of the pagcj. Paoh. Quebec Trinity House ; To extend the Powers of (21 Vict.) 26 Quebec Trinity House ; To increase the Salaries of Superintendents of Pilots and of the Bailiff (18 Vict.) 24 R. Rail'way Act ; Amendment &« Canada ; Acts of the late Province of, &c 315 BailvrayAct; To explain and amend. See Canada; Acts of the late Province of, &c 332 Eailway Acts ; Amendments, &c., subsequent to the Consolidated Statutes, 1859. ... 315, 332 Railway Lands in B. C. See Vancouver Island Railway 1083 BaUway Subsidies 1004, 1083, 1122, 1125, 1128,1141, 1146 Railways; An Act respecting. 5^ee Consolidated Statutes of Canada, 1859 110 Rail-ways and Railw^ay Companies — See Branch Lines from points on the I.C.R. and the P.E.I. Railway 1006 British Columbia Railway 1152 Canada Central Railway Company 956 Canadian Pacific Railway 821, 970, 1075, 1116, 1136 Canadian Pacific Railway Act, 1874 926 Canadian Pacific Railway, Drawback 1001 Canadian Pacific Rail way , Yellow Head Pass 1060 Cape Breton Railway 1151 Carlton, City of St. John Branch 1154 Chignecto Marine Transport, &c 1061, 1158 Esquimau to Nanaimo 1152 Grand Trunk Railway ; 912, 942 Grants. See Subsidies ■ 1004 et al Intercolonial Railway 722, 797, 836, 853, 867, 876, 911, 912, 1006, 1007 Intercolonial Railway from Stellarton 1150 Land Subsidies 1128, 1146, 1148 Ketapediac to Paspebiac 1156 Northern Railway Company of Canada 856, 866, 879 Prince Edward Island Railway 1006 Railway Act; Cons. Stat. Canada (1859) 110 Railway Act, To ampnd (23 Vict.) 315 Railway Act, To explain, &c. (24 Vict.) 332 St. John Bridge and Railway Extension Company 1067 Stellarton, Railway from to Town of Pictou 1150 Stait of Canso, Railway from to Louisburg or Sydney 1151 Subsidies and Grants 1004, 1064, 1097, 1122, 1125, 1128, 1141, 1146, 1148 Truro and Pictou Branch of the I. C R., To transfer 876 Truro and Pictou Railway Transfer Act, 1877 914 Vancouver Island Railway 1083 Western Counties Railway, N.S • 837 Windsor Branch, N.S 1007 Railways and Railway Companies Subsidized, &c. Albert Railway Company 1144 Annapolis to Digby, in Nova Seotia 1099 Bale des Chaleurs 1064 Belleville and North Hastings 1126, 1144 Branch Lines on the LC.R. and P.E.I. Railway 1006 Branch Railroad, St. John 1154 British Columbia Railway Lines 1083 Brockville, Westport and Sault Ste. Marie Railway Company 1125 Canada Atlantic Railway Company 1127, 1143 Canada Central Railway Company 956 Canada' Soiithe.n Railwav 1126 INDEX. 25 The figures denote the numbers at the bottom of the pages. Railways and Railway Ctompanies Subsidized, &a.- Continued. ^"''' Canadian Pacific Railway 821, 919, 926, 970, 1001, 1060,- 1075, 1098, 1116, 1123, 1136 Canso, Strait of. See Cape Bieton RaihTa.r 1151 Cap Eouge and St. Lawrence Railway Company 1143 Cape Breton Railway 1151 Caraquet Railway Company , 1064, 1099, 1141 Carleton, City of St. John, &c., N.B.' 1154 Central Ontario Railway Company 1126 Central Railway from the head of Grand Lake to the I.O.R., &c 1099 Chignecto Marine Transport Railway Company (limited) 1061, 1158 City of St. John Branch R.R. See Carleton, &c 1154 Derby Station to Indian Town IIOO Drawbacic on certain articles for the C.P.R 1001 EganWUe, A Railway to, from the C.P.R 1144 Erie and Huron Railway Company 1098 Erie, Essex and Detroit River Railway Company 1141 Esquimau and Nanaimo Railway 1085, 1089, 1094 Esquimau Graving Dock, &c 953, 1083, 1088 Esquimau to Nanaimo 1152 Fredericton to the Village of Prince William 1144 Gananoque, Perth and James' Bay Railway Company 1143 Gatineau Railway Company, from Hull Station towards Le Desert 1126 Gatineau Railway Company, from Kazuabazua to Le Desert 1098 Gatineau Valley Railway Company 1064 Glenannan to Wingham 1142 Grand Piles to Lake Edward 1099 Grand Piles to Lake St. John Railway Junction 1126 Grand Trunk Railway 912, 942 Grants. See Subsidies and Grants 1097 Gravenhurst to Callander 1004, 1065 Great American and European Short Line Railway Co 1064 Great Northern Railway Co 1099 Hereford to the International Railway, in the Township of Eaton 1142 Hopewell to Alma, in N. B 1099 Indian Town via the Miramichi Valley to its junction with the N. & W. Railway 1127 ingersoU ujo London to Chatham, Ont 1141 Intercolonial Railway. See G. T. Ry 912 Intercolonial, Acts respecting. 722, 798, 835,853, 867, 876, 911, 912, 1004, 1006, 1007, 1122, 1150 Intercolonial to Edmundston 1122 Intercolonial, Truro and Pictou Branch 87S Intercolonial, Windsor Branch , lOOT International Railway Co 1064 Irondale, Bancroft and Ottawa Railway Co 1098 Jacques Cartier Union Railway Junction, &c 1099 Joggins Railway 1142 Kingston and Pembroke Railway Co 1099 Land Subsidies 1128, 1145 L'Assomption to L'Epiphanie 1142 Long Sault to the foot of Lake Temiscamiugue 1126,1143, 1144 Louisbnrg. See Cape Breton Railway 1151 Manitoba and North Western Railway Co 1128, 1146 Manitoba and South Western Railway Co 1128 McCann Station, on the I. 0. R., to the Joggins 1142 Metapediac to Paspebiac 1100, 1156 Moncton to Buctouche, in N. B 1141 Montreal and Champlain Junction Railway Co 1126 Montreal and Ottawa 109T Montreal and Sorel Railway 1125 26 INDEX. The figures denote the numbers at the bottom of the pages. Pa OR. Railways and Railway Companies Subsidized, &c. — Concluded. Montreal and Western' Railway Co 1065, 1098, 1142 Montreal with the Harbor of St. John and Halifax, The shortest route to connect... 1097 Nanaimo. S^e British Columbia Railway 1152 Napanee, Tamworth and Quebec Railway Co 1065, 1098, 1126, 1144 New Brunswick and P. E. I. Railway Co 1125 New Glasgow or St. Lin to or near Montcalm, in the Province of Quebec 1142 New Glasgow to the Strait of Canso 876 Newcastle or via Douglastown to River Miramichi 1144 North Shore Railway 1101 Northern and Western Railway Co 1065, 1098, 1125, 1141 Northern Railway Company of Canada 856, 866, 879 North- Western Coal and Navigation Company (Limited) 1128 Nova Scotia Railway, Windsor Branch 837 Ontario and Pacific Railway Co 1099 Ottawa, Waddington and New York Railway and Bridge Co 1125 Oxford Station, on the I. C. R., to Sydney or Louisburg 1097 Oxford to New Glasgow 1004 Paspebiac, Railway to. /See Metapediac 1156 Perth Centre Station, Railway from 1144 Petitcodiac to Havelock Corner 1065 Pictou Branch of the I. C.R '876 Pictou Railway. See Truro and Pictou Railway Transfer Act, 1877 914 Pictou Town. See Intercolonial Railway, &c 1150 Pontiac Pacific Junction Railway 1098 Qu'Appelle, Long Lake and Saskatchewan Railroad and Steamboat Co 1128 Quebec and Lake St. John Railway Co 1065, 1125, 1143 Quebec and Montreal, Between 1097 Quebec Central Railway 1098 Rapid City, Railway via 1147 Richibucto to St. Louis 1099 Short Line Railway. ;See Great American, &c 1064 South Bank of the St. Lawrence to St. Andrews, St. John and Halifax via Sher- brooke, &c 1123 St. Andrews to Lichute 1099 St. Andrews to the C. P. R. at or east of Lachute 1142 St. Eustacheto St. Placide 1143 St. Felix to Lake Maskinonge 1142 St. John Branch. See Carlton, &c 1154 St. John Bridge and Railway Extension Company 1067 St Lin Railway. See New Glasgow or St. Lin 1142 St. Raymond to Lake St. John 1004 Stellarton. See Intercolonial, &c 1150 Stewiacke Valley 1143 Strait of Canso. &e Cape Breton Railway 1151 Strait of Canso, Railway to, from New Glasgow 876 Sydney. See Cape Breton Railway 1151 Thunder Bay Colonization Railway Company 1142 Truro and Pictou Branch of the Intercolonial Railway 876 Truro and Pictou Railway Transfer Act, 1877, An Act to amend 914 Truro to Newport, in N.S 11*^ Vancouver Island Railway, &c 1083 Western Counties Railway, in Nova Scotia 837 Windsor Branch of the I. C. R , in Nova Scotia 1007 Windsor Branch of the Nova Scotia Railway. See Western Counties, &c 837 Wood Mountain and Qu'Appelle Railway Company 1146 Yamaska to the River St. Lawrence 1143 Yellow Head Pass. See C. P. R 1060 INDEX. 2f The figures denote the numbers at the bottom of the pages. Pasb. Bapid City; Kailway via E. C, Westward. See Railway Land Subsidies 1147 Rates and Dues, Harbor of Montreal 902 to 908 Registered Vessels, Sale of. (Civil Code, L. 0.) 40S Registration of Real Rights. (Civil Code, L. C.) 410 Registration of Ships. (Civil Code, L. C.) 422- Relief of the Town of Cobourg llYO Religion, Offences against, in N.S. See Nova Scotia Acts 493 Religion, Offences against, in N. B. See New Brunswick Acts 530' Rents reserved on certaiu Indian Lands. See Indian Lands in the Township of Dundee, &c T68 Besi>ondentia. (Civil Code, L. C.) 43T Revised Statutes, British Columbia 594 et seq. Revised Statutes, N. B. See New Brunswick Acts 506 etseq^ Revised Statutes. (Third Series ) See Nova Scotia Acts iSietseq. Revised Statutes, 20 George III (3rd Series), P. E. 1 63S Richibucto; Improving the Harbor of. iSse Harbors and Channels, &c T34 Richibucto to St. Louis ; A Railway from. See Subsidies, &c WJ& River iloira ; An Act to amend so much of the Act 33 Vict., Chap. 46, as relntes to the imposition and collection of Dues and Tolls upon Logs, Timber, Pine, Cedar and Railway Ties passing down the River Moira through the Port of Belleville 940. Rivers and Streams. See Consolidated Statutes for U. C, 1859 21T Rivers and Streams ; An Act to amend the Act respecting Joint Stock Companies to construct works to facilitate the transmission of Timber down 9b2: Rivers and Streams ; To amend the Act Chapter 47 of the Consolidated Statutes for U. C, intituled "An Act respecting Rivers and Streams" 78i> Rivers and Streams ; Transmission of Timber down 82S And See Consolidated Statutes of Canada, 1839 15S> s. Sale. (Civil Code, L. C.) 40& Sale of Debts and other Incorporeal things. (Civil Code, L. 0.) 407 Salvage. See Wreck and Salvage 798 Savings CoEopanies. 5c« Building Societies, &c., in Ontario 1023 And See Permanent Building Societies, &c 1106 Schedule of Civil Code, L. C 397 Seamen. (Civil Code, L. C.) 42t Seditious and Unlawful Associations and Oaths. See Cousol dated Statutes for L. C, 1860 255. Seditious and Unlawful Associations and Oaths; Amendment of the 10th Chapter of the Cons. Stat, for L. C. respecting. (29 Vict.) 441 Separation from Bed and Board. (Civil Code, L. C.) 404 Ship Channel between Montreal and Quebec; An Act further to provide for the deep- ening. (29 Vict ) 442 Ship Channel of the Biver St. Lawrence. &e St. Lawrence River, &c 1070- Shippegan ; Improving the Harbor of Sec Harbors and Channels, &c 734 Short Line Railway. See Great American and European Short Line, &c 1064 Societies. 5«e Permanent Building Societies, &c 391, 846, 881, 883,965, HOB South Bank of the St. Lawrence River opposite or near Montreal to the Harbors of St. Andrews, St. John and Halifax via Sherbrooke, Moosehead, Lake Metta- wamkeag, Harvey, Fredericton and Salisbury; Further Subsidy to Railway from 1123 St. Andrews to Lachute, in the County of Argeuteuil ; A Railway from. See Sub- sidies, &c _ 1099- St. Andrews to the C.P.R. at or East of the Town of Lachute ; A Railway from. See Railways, &c. Subsidized, Ac 1142 INDEX. The figures denote the numbers at the bottom of the pagea. PAOg. St. Eustache to St. Placide, County of Two Mountains ; A Railway from. See Railways, &o. Subsidized, &c 1143 St. Felix to Lake Maskinonge, Parish of St. Gabriel, in the Province of Quebec; ARail- wayfrom. iSee Railways, &c. Subsidized, &c 1142 St John Branch Railroad. 5eif Carleton, City of St. John, Branch, &c 1154 St. John Bridge and Railway Extension Company, An Act to provide for advances to be made by the Government of Canada to 106T St. John Harbor, N.B. ; An Act relating to 583 St. John Harbor, N.B ; Deputy Harbor Master, Appointment of 566 St. John in the Province of N.B. ; An Act relating to the Harbor of. 1046 St. Lawrence, between Montreal and Quebec ; For imposing Tonnage Dues and Wharfage Rates, to meet the cost of improving the navigation of the (35 Vict.) 787 St. Lawrence: North Channel of River. See Quebec, ic. (13-14 Vict.) 22 St. Lawrence River; An Act to replace the improvements in its Navigation between the Harbors of Quebec and Montreal under the Control of the Commissioner of Public Works (27-28 Vict.) 353 St. Lawrence, River between Montreal and Quebec ; An Act to make further provision for deepening the Ship Channel of (46 Vict.) 1070 St. Lawrence, River between Montreal and Quebec ; An Act to make further provision for its improvement (36 Vict.) 800 St Lawrence, River between Montreal and Quebec ; An Act to make further provision for its improvement (45 Vict.) 1028 St. Lawrence River in and near the Harbor of Quebec ; An Act for facilitating naviga- tion of the, (48-49 Vict.) 1134 St. Lin Bailway. iSee New Glasgow or St. Lin 1142 St. Bajrmond to Lake St. John ; Subsidy to Railway from. 1004 Steam Communication, &c. See Prince Edward Island Acts 689, 714 Stellarton. See Intercolonial Railway 1150 Stevedores and Liners in the Harbor of Montreal ; An Act to regulate the business of (28 Vict.) 389 Stewiacke Valley; A Railway from a point on the I. C. R. through the S. V., &c 1143 Strait of Canso. /See Cape Breton Railway 1151 Strait of Canso ; Railway from New Glasgow to. See Intercolonial ; An Act to au- thorize the transfer of,&c 876 Streams. See Rivers and Streams ^ ^ 952 Subsequent Acts of the late Province of Canada ; to the Consolidated Statutes, 1859 299 «< ieq. Subsidies and Grants for and in re pect of the Construction of Lines of Railway therein mentioned; An Act to authorize certain (47 Vict.) 1097 Subsidies, &c., Railways ; An Act to authorize the granting of the Subsidies therein mentioned in aid of the Constrnction of certain Railways (4?-49 Vict.) 1125 Subsidies for the Construction of certain Lines of Railway therein mentioned; An Act to provide for the granting of, (45 Vict.) 1004 Subsidies for the Construction of Lines of Railway therein mentioned; An Act for authorizing (46 Vict.) 1064 Subsidies, &c., Railways ; An Act to authorize the granting of further Subsidies to and making further provisions for the construction and efficient operation of the Railways therein described (48-49 Vict.) 1122 Subsidies, Land ; An Act to amend an Act to authorize the granting of Subsidies in Land to certain Railway Companies (49 Vict.) _ 1148 Subsidies, Land ; An Act to authorize the grant of certain Subsidies in Land for the construction of the Railways therein mentioned (48-49 Vict.) 1128 Subsidies, Land; An Act to authorize the grant of certain Subsidies in Land for the construction of the Railways therein mention d (49 Vict.) 1148 Subsidies to Railways ; An Act to authorize the granting of certain Subsidies for and in aid of the construction of the Lines of Railway therein mentioned (49 Vict.) 11*1- INDEX. 29 The figures denote the numbers at the bottom of the pages. Pagb. Summary Convictions, Application ot the Law concerning to the Parish of Port- land, N. B 5e5 Stindays, Sale of Goods on. &« Consolidated Statutes for L. C, 1860 263 Superintendents of Pilots ; Salaries of See Quebec, &c 24 Suspenslon^ridge. See Union Suspension, &c 1168 Sydney. See Cape Bieton Railway 1151 T. Tariff, Ac, Harbor of Montreal 902 to 908 Telegraphic communication ; Au Act to enable the GoTernminit [of P. E.I.] to secure... Ill Three Bivers, Harbor Oommissiouers of; An Act to authorize the advance of a certain sum to 1132 Three Rivers, Harbor of; An Act respecting the Harbor Master of 107S Three Rivers, Harbor of ; An Act to provide for the improvement and management of... 1056 Thunder Bay Colonization Railway Co. See Railways, &c Subsidized, &c 1126, 1142 Tidal Dock in Quebec Harbor 1103 And See Quebec Harbor Commissioners 961 THmher; An Act to amend the Act respecting Joint Stock Companies to construct works to facilitate the transmission of Timber down Rivers and Streams. ... 823 Timber; Transmission of. See Rivers and Streams 952 ToUb. See Dunnville Dam and Bridge 1167 And See Grand River IIBT Tolls, Harbor of Kincardine 897 to 901 Tolls, Harbor ofMontreal 902 to 908 Tolls, Harbor of Quebec 37 to 40 ToUs, Harbor of Thornbury 762 to 764 ToUs of Joint Stock Companies for Piers, &c 230 Tolls on Timber transmitted down rivers and Streams 952 Tonnag'S Dues.